Broadcasting Bill: discussion

Documents handed out:
Accession to the Pan African Telecommunications Union Convention
CCFM submission on Broadcasting Bill (see Appendix)

SUMMARY
The committee questioned Rev. Thomas (representative of Cape Community FM) on his submission, which was presented the previous day. Initial comments on the schedule of the Bill were also made.

DETAILED MINUTES
The committee members went through the document, Accession to the Pan African Telecommunications Union Convention. All the parties present informally agreed to its contents.

While the committee was waiting for Rev. Thomas, representative from Cape Community FM, the Department was instructed to go through the schedules of the Broadcasting Bill. Ms Smuts (DP) and Ms Vos (IFP) opposed the wording of 2 (a). They wanted the word "geographic" to be deleted.

At that stage the Chairperson adjourned the meeting as some members of the committee were invited to receive a memorandum from members of the Christian community who had marched to parliament.

The committee reconvened an hour later. The Department informed the committee that they would distribute a frequency diagram plan at another meeting. This would assist the committee in visualising how frequencies work.

Ms Vos asked the Department to provide a comparison of South Africa's frequency spectrum with other countries.

Rev. Thomas and Sibiso arrived and the Chairperson opened the floor for questioning. These questions were based on the submission which was presented to parliament the previous day.

An ANC member asked to what extent CCFM was inclusive of community interests. Rev. Thomas replied that the radio station did deal with other interests besides the Christian faith, such as education.

Another ANC member asked whether other religions also broadcast on CCFM. The reply was that it was a Christian-based station, not a multi-faith one.

Dr Mulder (FF) wanted to know if CCFM would be satisfied if the definition in Clause 29 changed. Rev. Thomas replied that it was more than the definition which needed to change. Proposed amendments were also made to other clauses (refer to the CCFM submission).

Mr Mjwara (from the Department of Communications) asked who was on the board of trustees and management of CCFM. Rev. Thomas responded that listeners can become members by paying an annual fee or monthly subscription. They are invited to the Annual General Meeting and people from various denominations are elected to the two Boards.

Rev. Thomas re-iterated that CCFM would be unsuccessful in their application for a license if the Bill is passed in its present form. He also said that he felt that major groupings in urban areas should be given licenses.

Appendix: Cape Community FM Submission

CAPE COMMUNITY FM

Submission to the Portfolio Committee on Communications

We are grateful for this opportunity to address you today. I represent CCFm which is a "community of interest" station. Our particular common interest is that of the Christian faith. In the last two AMPS readings, it has been estimated that we have about 138000 listeners which makes us one of the most listened to community stations in South Africa. There is no doubt that it is our listeners preference to be tuned to a "community of interest" station which is able to focus on Christian issues for its entire period of broadcasting. Of particular interest to the current debate regarding the future of "community of interest" stations is the fact that the two geographic licensed stations in the Western Cape have measured extremely poorly in AMPS. Both Bush Radio and C-Flat Radio are classic geographically founded community stations as envisaged in the new Bill on Broadcasting. It is extremely significant that Western Cape listeners have decided that "community of interest" stations are their preference as opposed to geographically founded stations. The facts speak for themselves. CCFm/Radio Tygerberg has 138,000 listeners. Radio 786/Voice of the Cape 99,000 listeners and C-Flat/Bush has under 20000 listeners. The format that "works" is the "community of interest" format.

Over the past week, we have been in ongoing negotiations with Mr Joe Mjwara and Mr S Moeti. We are extremely encouraged by the positive expected outcome of the many deliberations. The key areas which need to be addressed are the following:

1) Frequency availability. We have been able to secure the services of Plessey's frequency planners and I would like to call upon Mr Thys de Beer and Mr Nico van der Walt to make a presentation concerning frequency planning and the possible availability of other frequencies.

2) Definition of community broadcasting. The definition of community broadcasting as found in Schedule 1 subsection 2(a) of the Broadcasting Bill does not include any form of "community of interest" stations. This definition must be altered to be inclusive of radio stations who are currently non-geographic stations. We have been part of negotiations on this definition and are aware of a possible amendment which will make the definition read as follows:

"community broadcasting service" means a broadcasting service which is fully controlled by a non-profit entity and carried on for non-profitable purposes who meet any need of the community (religious, language, culture, demographics, etc.) and who serves a particular geographical area. This amendment in italics is excellent and we give our full support to this very positive step forward in the negotiation processes.

3) Section 29(9), we believe, should become Section 29(1). It is imperative that the enquiry precedes any application of the new Bill. We believe that the date of phasing in the new Bill should only be after the public participation process.

4) Despite a new inclusive definition of community broadcasting service, there are a number of amendments which we believe should be made to Section 29 itself. These amendments follow in italics

Community Broadcasting Services:

29. (1) The Authority must conduct a public inquiry to determine the terms, regulations and conditions to govern community services and define priorities of the community sector.

(2) Despite the provisions of this Act or any other law, a community broadcasting service licence may be granted by the Authority in the following categories:

a) Free-to-air terrestrial radio broadcasting service; and

b) Free-to-air terrestrial television service.

(3) The licence of a community broadcasting service must be held by a licensee.

(4) The licensee referred to in subsection (2) must be managed by a Board which must be democratically elected from the members of that community in the licensed geographic service area.

(5) A community broadcasting service is controlled and managed by people representative of the community in the licensed service area.

(6) The programming provided by a community broadcasting service must reflect the needs of all the people in the community.

(7) The programming provided by a community broadcasting service should-

(a) Provide a distinct broadcasting service dealing specifically with community issues which are not normally dealt with by the broadcasting service covering the same area:

(b) Be informational, educational and entertaining:

(c) Focus on the provision of programmes that highlight grassroots community issues, including, but not limited to developmental issues, health care, basic information and general education, environmental affairs, local and international, and the reflection of local culture: and

(d) Promote the development of a sense of common purpose with democracy and improve quality of life.

(8) Community broadcasters will have no limits on the revenues to be drawn from local advertising, but will be subject to limits on national advertising as determined by the Authority.

(9) All surplus funds derived from the running of a community broadcasting station must be invested for the benefit of the particular community and monitored by the Authority, which has the power to audit the financial records of the services.

(10) The Authority must conduct an investigation into the viability and impact of community television, including -

(a) Definition of community television:

(b) Access to frequencies:

(c) Sustainability:

(d) Ownership and control: and

(e) Legal framework

(11) As soon as possible after conducting the investigation referred to in subsection (10) the Authority must submit a report to the minister and Parliament.

In our correspondence dated 28 August 1998 to Mr Moeti, we advanced many reasons why we believe the definition of community broadcasting services needs to be inclusive of "community of interest" radio stations. Since our arguments have been heard and the proposed legislation probably will have the new definition already referred to, there is no need for us to argue the case for our "community of interest" stations here today. If this definition as amended is not accepted, then we would like another opportunity to state our strong motivation for this amended definition.

You are well aware of the fact that CCFm has initiated a march on Parliament tomorrow which has now become a Concerned Broadcasters march and represents many Stakeholders in the broadcasting industry. We feel that in the light all the organisation which has taken place for the march, that we will continue with the march but that the focus will reflect our gratefulness for the positive changes already made as well as highlighting details of amendments which in our opinion still need to be made.

We thank you for hearing our side of the story and would like to express an open-hearted willingness to be continually involved in the process of this Bill. We would appreciate ongoing feedback, particularly when the final draft legislation is tabled.

1 September 1998