Communications regulator Icasa has published new draft digital terrestrial television (DTT) broadcasting regulations for South Africa, setting out which frequencies will be reserved for public service, commercial free-to-air, subscription and community broadcasting.

The draft regulations, published in the Government Gazette last week, will, when gazetted, replace the previous regulations, which were introduced more than a decade ago. The new regulations will take effect when analogue TV broadcasts are eventually terminated.

The draft regulations follow an inquiry that Icasa kick-started in March 2024 aimed at reviewing the last set of regulations from 2012 and 2014.

“With the analogue switch-off process ongoing, the regulatory focus shifts from enabling the migration process to the regulatory management of a fully digital broadcasting environment,” the regulator said.

One of the biggest proposed changes is to the multiplexes (effectively, chunks of radio frequency spectrum) that are made available to TV broadcasters.

“The authority, having considered submissions received during the consultation process, notes that stakeholders in general do not support the concept of multiplex sharing. The prevailing view is that each broadcaster should be allocated its own dedicated multiplex, as sharing impacts the geographical reach of services and imposes cost burdens due to divergent coverage requirements,” Icasa said.

Long delayed

“The regulation proposes that Muxes (Multiplexes) 1 and 5 be allocated entirely to the public broadcaster, the SABC, to fulfil its public broadcasting mandate and enable HD broadcasting expansion. This allocation addresses the current capacity allocation under Mux 1, which poses significant constraints to the public broadcaster’s ability to transition to high-definition broadcasting,” the regulator explained.

The impending changes to the regulations come as communications minister Solly Malatsi hopes to get the long-delayed process back on track – though legal action by broadcaster e.tv is threatening to derail the process.

Read: High court derails analogue switch-off

The draft regulations set out the rules governing access to the spectrum between 470MHz and 694MHz, which will be used by digital broadcasters to offer DTT services – both subscription-based and free-to-air offerings. They also list which multiplexes will be available to specific broadcasters.

Icasa, which has stated again in the new regulations that South Africa must utilise the now-ageing DVB-T2 broadcasting standard, wants seven multiplexes to be licensed, including “innovation” bands that can be used for experimentation. Under the draft rules, spectrum allocated to broadcasters will be withdrawn after 36 months if it’s not being used.

Specifically, Icasa has proposed that:

Multiplexes 1 and 5 be used by the SABC for its existing channels and any new channels it wants to apply to the regulator to launch;
Eighty-five percent of Mux 2 be allocated to e.tv for current and future channels, and the remaining 15% be allocated to community broadcasters.
Fifty-five percent of Mux 3 be allocated to an entity called Kwesé. It’s not clear whether Kwesé is related to Econet Media, a now-defunct company that previously tried but failed to launch a successful rival to MultiChoice Group’s DStv. However, elsewhere in the draft rules, Icasa proposes that the 55% of Mux 3’s capacity be allocated to incumbent commercial free-to-air broadcasters. “This allocation supports the submissions for the need for separate multiplex allocations between free-to-air and subscription broadcasters, given their differing operational models and market demands.”
The remaining 45% of Mux 3 be made available to one or more commercial free-to-air broadcasters. “This allocation is in support of enabling market entry for new players to foster innovation, promote diversity and enhance sector competitiveness.”
Mux 4 be allocated to commercial subscription broadcasting services, subject to an invitation to apply to Icasa. “The regulation proposes allocating 100% of the available capacity on Multiplex 4 to one or more commercial subscription broadcasting television service licensees through a competitive licensing process. The authority is open to the possibility of licensing future commercial subscription television broadcasters.”; and
Multiplexes 6 and 7 be reserved for “future innovation”, including “trials, experiments and demonstrations”.

Under the proposed rules, broadcasters must provide an EPG, or electronic programme guide – a schedule of upcoming programmes – among other requirements. The draft regulations also set out the rules for multiplex operators like Sentech.

The new regulations, once finalised, will come into force upon analogue switch-off, a date for which must still be determined and which is now up in the air after e.tv won a court case against the minister, Malatsi, prohibiting him from switching off analogue broadcasts earlier this year. The minister must consult widely, including with e.tv and other industry players, before setting the next switch-off date. – © 2025 NewsCentral Media

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