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Broadcasting Services Act, 2001
Incorporates Act 3/2001, 22/2001 (s. 4)1 , 26/2001 (s. 10)2 ; 6/20033
September 19, 2003

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.


1 Criminal Penalties Amendment Act, 2001 (commencement: 20th May, 2002).
2 Zimbabwe Broadcasting Corporation (Commercialisation) Act, 2001 (commencement: 2nd February, 2002)
3 Broadcasting Services Amendment Act, 2003 (commencement: 19th September. 2003).

 

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