Page 3 - EngineerIT July 2022

FROM THE EDITOR'S DESK

The TV digital migration saga

continues

e.tv appealed to the ConCourt to set a High Court ruling that digital migration of TV e.tv argued that the Minister had a
signals will end on 30 June 2022, an extension of the original 31 March 2022 date duty to consult the public, including
agreed on by government. the applicants, before determining
both the STB registration deadline
The ConCourt ruled that: and the analogue switch-off date.
On direct appeal from the High Court of South Africa, Gauteng Division, Pretoria: e.tv submits that, in two previous
1. Leave to appeal directly to this Court on an urgent basis is granted. applications, the High Court
2. The appeal is upheld. confirmed that the analogue switch-
3. The order of the High Court is set aside and replaced with the following: off date “shall be made after a process
(a) It is declared that the announcement of 31 March 2022 as the final switch- of engagement with the affected
off date of the analogue signal and the end of dual illumination issued by parties had been concluded.”
the Minister of Communications and Digital Technology on 28 February
2022 in terms of the Broadcasting Digital Migration Policy (as amended), is The rest of the world migrated over
unconstitutional, invalid and is set aside. ten years ago, even most of our
(b) It is declared that the Minister’s decision to impose a deadline of 31 October neighbouring countries have completed
2021 to register for set-top boxes is unconstitutional, invalid and is set aside. the digital migration. e.tv has derailed
(c) The Minister must pay the costs of the applicants, including the costs of two the digital migration process with
counsel where so employed.” several court actions around whether
4. The Minister must pay the applicants’ costs in this Court, including the costs of two to encrypt or have an open service.
counsel. After wavering on the subject,
government finally decided to settle for
This is another setback for making spectrum available for broadband application. The an open service.
ruling affects the analogue switch-off and migration in Gauteng, Western Cape, KZN
and Eastern Cape”. Digital migration has already been completed in the Free-State, The winners are those with old
Northern Cape, North-West, Mpumalanga and Limpopo provinces. Therefore, ICASA analogue TVs and who have not
will be able to release the high demand spectrum in these provinces. acquired a set top box. The losers are
internet users, particularly in rural
Vodacom, ICASA and Sentech opposed the relief sought by the applicants on the areas. The Minister said in a statement
basis that the relief sought – the declarators preventing the Minister from completing that she respects the court ruling and
analogue switch-off until certain steps have been taken – is, in substance, interdictory that she and the department will study
relief brought under the guise of declaratory orders. They submit that granting the it and decide on the way forward. May
interdictory relief is undesirable as the applicants have not met all the requirements of it be resolved once and for all, sooner
a final interdict. rather than later!

ICASA told the ConCourt that it auctioned the spectrum in March 2022 and issued
licenses to the successful bidders by 7 May 2022. ICASA submits that, as of 1 July Enjoy this edition of EngineerIT
2022, the mobile network operators (MNOs) that have successfully submitted bids either as the e-Book version or a
for the spectrum and have been licenced by ICASA, are expected to use the auctioned downloadable PDF.
spectrum in accordance with their licence conditions. It is on these bases that ICASA
opposes this application and any relief that would effectively halt the digital migration Regards
process.
Hans van de Groenendaal
Sentech submits that the analogue switch-off cannot be postponed indefinitely as it Editor
will be difficult to source the necessary parts to continue maintenance of the analogue Hansv@nowmedia.co.za
system. 082 781 4631

EngineerIT | July 2022 | 1