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Broadcasting
Services Act, 2001
April 04, 2001
Contents
FIRST
SCHEDULE - (Sections 3(2)(a) and 10(1))
Planning
of Broadcasting Service Bands
1. Interpretation
2. Planning
criteria
3. Authority
to determine priorities
4. Preparation
of frequency allotment plans
5. Preparation
of licence area plans
6. Designation
of licence areas
7. Process
to be public
8. Authority
may determine population figures
9. Minister
may reserve capacity for national broadcasters or community broadcasters
10. Alternative
uses of broadcasting service bands
1 Interpretation
TOP
In this Schedule—
"broadcasting
service bands licence" means a commercial or community television
broadcasting licence or a commercial radio broadcasting licence that
licenses the use of the broadcasting services bands as a means of delivering
broadcasting services;
"frequency
allotment plan" means a plan prepared in terms of paragraph 4;
"International
Telecommunications Union" means the International Telecommunications
Union constituted by the International Telecommunication Constitution;
"licence
area" means a defined geographical area in respect of which
a person may be licensed to provide any specified class of broadcasting
service;
"licence
area plan" means a plan prepared in terms of paragraph 5.
2 Planning
criteria TOP
In performing its
functions under this Act, the Authority, as the sole manager of all broadcasting
service bands, shall promote the objects of this Act, having particular
regard to the economic and efficient use of the radiofrequency spectrum,
and to the following—
(a) demographics;
and
(b) social and
economic characteristics within the licence area, within neighbouring
licence areas and within Zimbabwe generally; and
(c) the number
of existing broadcasting services and the demand for new broadcasting
services within the licence area, within neighbouring licence areas
and within Zimbabwe generally; and
(d) developments
in technology; and
(e) technical
restraints relating to the delivery or reception of broadcasting services;
and
(f) the use of
the radiofrequency spectrum for services other than broadcasting services;
and
(g) International
Telecommunications Union standards and practices; and
(h) future demand
for broadcasting service bands; and
(i) such other
matters as the Authority considers relevant.
3 Authority
to determine priorities TOP
(1) Before preparing
frequency allotment plans or licence area plans, the Authority shall,
by notice published in the Gazette, determine priorities, as between
particular areas of Zimbabwe and as between different parts of the broadcasting
services bands, for the preparation of those plans. In making its determination
under this paragraph, the Authority shall take into account the populations
of the particular areas.
(2) The Authority
may, by notice in the Gazette, vary priorities.
4 Preparation
of frequency allotment plans TOP
(1) The Posts and
Telecommunications Authority shall allocate all frequencies for the purposes
of broadcasting services to the Authority for planning and licensing,
and the Authority shall manage and allocate the frequencies for all broadcasting
systems or services in Zimbabwe.
(2) After the Postal
and Telecommunications Authority has allocated a part of the radiofrequency
spectrum to the Authority in terms of subparagraph (2), the Authority
shall prepare in writing a frequency allotment plan that determines the
number of channels that are to be available in particular areas of Zimbabwe
for the purpose of broadcasting systems or services using that part of
the radiofrequency spectrum, and shall specify any frequencies that are
reserved for future use.
(3) The Authority
may, by notice published in the Gazette, vary a frequency allotment plan.
(4) In preparing
or varying a frequency allotment plan, the Authority shall comply with
any directions, whether of a general or specific nature, given to the
Authority by the Minister and published by him in the Gazette.
5 Preparation
of licence area plans TOP
(1) Prior to the
issuing of any broadcasting licence, the Authority shall prepare by notice
published in the Gazette licence area plans that determine the
number and characteristics, including technical specifications, of broadcasting
services or systems that are to be available in particular areas of Zimbabwe
using the broadcasting service bands, and those plans must be consistent
with the relevant frequency allotment plan, and must conform to International
Telecommunications Union standards and practices.
(2) The Authority
may, by notice published in the Gazette, vary a licence area plan.
6 Designation
of licence areas TOP
(1) Before allocating
a new broadcasting service bands licence, the Authority shall designate
one of the areas referred to in paragraph 5 as the licence area of
the licence.
(2) If the Authority
varies a licence area plan, the Authority may vary the designation of
the relevant licence areas.
7 Process
to be public TOP
(1) In performing
its functions under this Schedule, the Authority shall make provision
for wide public consultation, by inviting interested persons through a
notice in one or more national newspapers to make written submissions
in a prescribed manner.
(2) The Authority
shall keep a record of, and make available for public inspection, all
advice received by the Authority, when performing its functions under
this Schedule.
8 Authority
may determine population figures TOP
(1) The Authority
may, by notice published in the Gazette, determine the population
of a licence area.
(2) The Authority
may, by notice published in the Gazette, determine a number that is to
be the population of Zimbabwe for the purposes of this Act
(3) In making a
determination, the Authority shall have regard to the most recently published
census count prepared by the Director of Census and Statistics referred
to in section 3 of the Census and Statistics Act
(4) The Authority
shall make a new determination of the population of a licence area if
the licence area is changed.
(5) The Authority
shall specify, in a determination of the population of a licence area—
(a) the percentage
of the population of Zimbabwe constituted by that licence area population;
and
(b) the percentage
of that licence area population that is attributable to another licence
area which overlaps with the licence area concerned
9 Minister
may reserve capacity for national broadcasters or community broadcasters
TOP
(1) The Minister
may notify the Authority in writing that capacity in the broadcasting
service bands is to be reserved for a specified number of—
(a) national
broadcasting services; or
(b) community
broadcasting services; or
(c) commercial
broadcasting services; or
(d) broadcasting
services provided by a public broadcaster;
but such a notice
must not affect the provision of services in accordance with a licence
already issued under this Act, or services already being provided by a
public broadcaster.
(2) The Authority
shall not allow the provision of broadcasting services (other than services
provided by public broadcasters or community broadcasting licensees) which
would make use of reserved capacity in the broadcasting service bands.
(3) The Minister
may direct the Authority to allocate any broadcasting service bands reserved
in terms of subparagraph (1)(d) to a public Broadcaster.
10 Alternative
uses of broadcasting service bands TOP
(1) If—
(a) the Authority
has advertised under this Act for applications for the allocation of
one or more commercial broadcasting service licences and that licence
is not allocated or not all of those licences are allocated; or
(b) broadcasting
service bands are available in a licence area but have not been made
available for commercial television broadcasting licences or commercial
radio broadcasting licences; or
(c) broadcasting
service bands have been reserved under paragraph 9 but have not
been made available for the purpose for which they were reserved; or
(d) broadcasting
service bands available but the Authority has not commenced or completed
planning and allocation processes in relation to those bands;
the Authority may,
by notice published in the Gazette, determine that the band or
bands concerned is or are available for allocation, for a period specified
by the Authority—
(i) for the
temporary transmission or the re-transmission of programmes; or
(ii) to community
broadcasting licensees; or
(iii) to providers
of subscription broadcasting services, subscription narrowcasting
services or open narrowcasting services; or
(iv) for the
transmission of datacasting services; or
(v) for other
broadcasting purposes.
(2) in making a
determination under subparagraph (1), the Authority shall have regard
to—
(a) the possible
future demand for the use of the broadcasting service bands concerned;
and
(b) such other
matters as the Authority considers relevant.
(3) The Authority
may, by notice published in the Gazette, determine that any broadcasting
service bands are available for allocation for the purposes of the transmission
of datacasting services.
(4) In making a
determination under subparagraph (3), the Authority shall have regard
to—
(a) the possible
future demand for the use of the broadcasting service bands concerned
for the provision of commercial television broadcasting services; and
(b) such other
matters as the Authority considers relevant.
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