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New broadcasting fees restrictive
Nyasha Nyakunu, MISA-Zimbabwe
October 06, 2004

The new broadcasting fees announced in September 2004 are not only restrictive but demonstrate the government's reluctance to free the airwaves and let go its stranglehold on the state-controlled Zimbabwe Broadcasting Holdings (ZBH).

The government on 5 September 2004 announced through a government gazette regulations and fees for private players who wish to invest in the broadcasting sector in terms of the Broadcasting Services Act (BSA).

Statutory Instrument 185 of 2004 Broadcasting Services (Licensing and Content) Regulations, provides for licence fees for various broadcasting categories, technical standards for radio frequencies and procedures for broadcasting licences among other issues.

The regulations also provide for the payment of a non-refundable application fee. And where applicable, an annual frequency fee, an annual regulatory fee and contribution to the Broadcasting Fund in terms of Section 32 of the Act.

The African Charter on Broadcasting clearly and unambiguously states that licensing criteria for the allocation of specific frequencies should not only be fair and transparent but aimed at promoting media diversity in ownership and content.

It calls on members states to promote and create an economic environment that facilitates the development of independent production and diversity in broadcasting notwithstanding the development of appropriate technology for the reception of broadcasting signals.

For instance, it will cost $840 million for a 10-year free-to-air national commercial television coupled with a $5 million non-refundable application fee.

The frequency fee will be $1, 6 million per frequency per month plus a broadcasting fund of 0, 5 percent of the audited annual gross turnover payable annually.

The basic licence fee for a 10-year free-to-air national commercial radio is pegged at $672 million, with a non-refundable fee of $5 million. The frequency fee will cost $800 000 per frequency per month plus 0, 5 percent of the audited annual gross turnover payable annually.

A 10-year community broadcasting licence will cost $14 million plus a $500 000 application fee.

A prospective investor would have to fork out the equivalent of US$ 400 000 at the prevailing auction rate for a 10-year Subscription Satellite or a Subscription Cable Broadcasting station and the equivalent of US$5 000 non-refundable application fee.

The monthly frequency fee would be two percent of monthly subscription turnover plus 0,5 percent broadcasting fund of the audited annual subscription turnover payable annually in the currency the subscription is collected.

Those seeking a Commercial Satellite Uplink, will have to pay the equivalent of US$60 000 at the ruling auction rate for a basic licence fee for 10 years, in addition to the equivalent of $2 000 at the prevailing auction rate.

A two percent frequency fee of the annual gross turnover plus a contribution of 0, 5 percent of the audited annual gross payable annually of the broadcasting fund will also be required.

The equivalent of US$ 1 million at the prevailing auction rate will be required for a basic 20-year Signal Carrier licence in addition to an application fee of $10 million. A Regulator Administration fee of $ 2 million per transmitter per annum will be imposed on a Signal Carrier Licence.

Besides the restrictive fees, also of concern is the requirement that every licensee's programme and presentation projects Zimbabwean national values and points of view. MISA-Zimbabwe submits that this provision may be used to stifle the broadcasting of opposing views from those of the government.

This provision is unconstitutional as it undermines Section 20 (1) of the Constitution which grants the right "to hold and to receive and impart ideas and information without interference, and freedom of interference from correspondence".

It is submitted that the regulations fall far short of meeting the principles of the African Charter on Broadcasting.

The regulations impose restrictive conditions for licences and licence fees that are out of the reach of ordinary Zimbabweans compounded by the prohibition of foreign funding in the broadcasting sector.

This is of particular concern given that the Broadcasting Authority of Zimbabwe (BAZ) is not independent from political interference in that it is appointed by the minister and is responsible for implementing his directives.

Although the Supreme Court struck down Section 6 of the BSA which empowered the minister as the licensing authority, the application of the regulations are left in limbo as there is no authority that is vested with powers to issue licences.

The minister still retains immense powers to among other issues; determine the terms and conditions applicable to individual licences, by either suspending, canceling or amending the licence in question.

The minister still retains the powers to declare an emergency and take over broadcasting stations and broadcasting using the affected station's equipment.

The awesome powers wielded by the minister are deliberately crafted to discourage investment in the broadcasting sector for purposes of entrenching the Zimbabwe Broadcasting Holdings' monopoly of the airwaves.

This legal environment can only be concluded as a deliberate and systematic ploy to ensure that only a few investors can meet the stringent requirements imposed on would-be broadcasters.

The obvious objective is to permit the government to effectively sustain a monopoly and control alternative forms of broadcasting.

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