E.tv's urgent court interdict might delay, derail and stall South Africa's digital TV migration plans.
E.tv has lodged an urgent interdict at the Gauteng High Court which will be heard on Tuesday 15 September. The broadcaster is upset with and wants to immediately halt the implementation of the regulations published by the Independent Communication Authority of South Africa (Icasa) that govern the switch over in the country from analogue to digital broadcasts, known as digital terrestrial television (DTT).
If the interdict is granted, it could delay the process by literally months, even a year or more.
E.tv's chief operating officer, Bronwyn Keene-Young states in the affidavit that the Icasa regulations published on 3 July are the result of ''Procedural unfairness''. According to her the Icasa regulations are characterized by ''a failure to consider relevant information; errors of law; irrationality; unreasonableness; and acting under unlawful dictation.''
E.tv is also upset that the broadcaster is basically forced to make use of Sentech's services as signal distributor (the SABC uses Sentech too) and that e.tv could be held liable for certain fines on a technical basis.
E.tv says Icasa failed to look at e.tv's recommendations during the public consultation process, failed to hold public hearings when the final draft was drawn up (Icasa says the law only says it MAY hold hearings; not that it MUST) and that the final version is very different from the earlier versions.
I read the final one when it came out, yes, it is VERY different.
I asked Icasa for comment today on the interdict. I was told there's NO COMMENT.
I asked the department of communications today for comment on the interdict and whether the minister plans to oppose it. I was told there's NO COMMENT.
I asked e.tv for comment on the interdict.
''E.tv would however like to reiterate though that we are committed to the DTT migration process in South Africa and believe it is crucial that the regulatory framework is strong, thereby ensuring that broadcasters are able to remain viable,'' says Vasili Vass, e.tv spokesperson.
