BREAKING. TopTV planning to launch porn channels over Christmas? Says porn package 'by default already authorised'.

TopTV is now intent on fully launching its separate porn package of 3 hardcore pornography TV channels from Playboy TV as a separate stand-alone package before or during Christmas, with TopTV's senior manager of regulatory affairs, Thato Mahapa saying TopTV ''hope to launch this month still'' - placing the porn launch over Christmas.

Meanwhile the pay TV operator has received no approval from South Africa's regulator, and is now on a direct collission course with the authority, as both started publicly attacking each other.

TopTV's senior manager of regulatory affairs, Thato Mahapa said TopTV ''hope to launch this month still'', possibly indicating a porn channels launch over Christmas and the two and a half weeks left in the year. TopTV's official spokesperson Melinda O'Connor is however saying something else, telling TV with Thinus that ''we can confirm that well not be launching in December. We will announce the launch date close to the time.''

South Africa's broadcasting regulator, the Independent Communications Authority of South Africa (Icasa) has not held a public hearing on On Digital Media (ODM)'s ''application for authorisation of channels'' and Icasa has not issued a certificate of approval giving TopTV permission to launch any new TV channels.

This means that TopTV and South Africa's broadcasting authority are on a direct collision course about TopTV porn plans which is now already turning ugly.

TopTV applied for 3 pornographic channels - or as the industry euphemistically refer to them, ''adult channels'', after TopTV signed a carriage agreement with Playboy TV. TopTV plans to launch the porn package this month still despite any written approval from Icasa. There has also been no public hearings yet which follow the application for a TV channel. The Playboy channels will have a separate subscription of R199 for the three 24 hour channels.

The Film and Publication Board (FPB) said it will ''strongly oppose'' TopTV's application for the channels. A growing faith-based initiative, led by the Family Policy Institute (FPI) has called for a boycott of TopTV and asked TopTV subscribers to cancel their contracts and also said that advertisers and sponsors who appear on TopTV's airwaves will be targeted.

TopTV's Thato Mahapa says the porn channels are ''by default already authorised'', alleging that Icasa failed to give a decision on the application within the 60 day period.

TopTV's ''application for authorisation of channels'' only appeared in the Government Gazette on 17 November. According to volume 557, no. 34760, all interested parties had 14 days to make written representations in relation to the specific application with Icasa. After that Icasa can decide to have a public hearing regarding the application and all the written representations received.

Icasa spokesperson Paseka Maleka told TV with Thinus that ''the authority is currently considering all the submissions received in respect to the TopTV application''.

''The date for public hearings has not been set as yet but an official communique will be issued in due course. There is no decision at the moment until the public consultation process is complete.''

''The authority received written representations from members of the public following the publication of the ODM channel authorisation application in the Government Gazette. The authority is awaiting written responses from ODM and thereafter a public hearing will be convened,'' says Paseka Maleka.

''As far as the authority is concerned, ODM is not authorised to broadcast the proposed three additional video channels.''

''It is within the authority's right to institute further engagements on matters of regulatory nature to ensure that decisions taken are lawful, reasonable and procedurally fair. The ODM case is no exception. It will be unfortunate if ODM opts to disregard the public consultation process that is currently underway and which it is very much aware of.''

TopTV's Thato Mahapa said TopTV believes, due to technicalities, that ''the channels are automatically approved''. ''It is us who warned Icasa of its non-compliance with the regulations and they did not listen. Secondly, we warned Icasa of the consequences of non-adherence to the regulations, including automatic approval of the channels by virtue of regulations 3.5, and Icasa chose not to heed the call.'' He said that TopTV ''always have and will continue to adhere to existing regulations''.

BREAKING. TopTV happy about recognition for its age restriction approach and technology; will continue with innovation.

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TopTV says the South African pay TV operator is happy that the South African Broadcasting Complaints Commission of South Africa (BCCSA) recognised the operator's contribution to meshing age restriction control and technology in a new way in the market.

TopTV's response to TV with Thinus comes after the BCCSA in its annual review for 2010/2011 said that TopTV's approach to age-restricted films brought a new dimension to regulation and that ''TopTV has introduced a novel procedure to protect children against 18 and R18 films: the films are blocked out and are only accessible by way of a subscriber's pin. Although this is not a requirement, the BCCSA has recognised the value of this approach.''

ALSO READ: BCCSA warns: Pay TV operators should cut ties with channels and distributors if problems with age-restriction information continue to exist.

''We are happy that the BCCSA has acknowledged our positive contribution to the protection of children,'' Thato Mahapa, TopTV's senior manager for regulatory affairs tells TV with Thinus. ''We will continue introducing innovative ways to ensure that we continue providing a quality, affordable and world class product. The protection of our children whilst satisfying our greater customer base will always be a balance we aim to achieve''.

MUST CARRY CLUELESSNESS! Nobody - not even Icasa - has ANY idea of what public TV channels who will have to carry after DTT.

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No-one, no-one in South Africa - not the government, not the broadcasters, not the pay TV platforms, not even the regulator Icasa have any idea of who will have to carry what public TV channels during the switch-over of, and after digital terrestrial television (DTT).

Currently South Africa's broadcasting regulator, the Independent Communications Authority of South Africa (Icasa) has regulations stating the so-called ''must carry'' clause whereby pay TV operators such as MultiChoice's DStv and On Digital Media's (ODM) TopTV ''must carry'' public free-to-air television channels (for free).

That's why SABC1, SABC2, SABC3 (and e.tv) are included in the bouquets of DStv, TopTV and on M-Net's analogue decoder. So, if in the switch from analogue to digital broadcasting in South Africa - a process known as digital migration - the SABC expands from 3 TV channels to 18 TV channels and e.tv goes from 1 to an as-yet-unannounced set of TV channels, will that entire new channel array have to be carried and be included on DStv, TopTV, and M-Net's DTT set top box?

The new additional public television channels are and will still be after all, public TV channels. And surely after years of DTT discussions, multiple sets of regulations and amendments, and great leadership and vision by Icasa as a strong, able and competent broadcasting regulator, there will be a well-defined set of regulations governing ''must carry'' terms and what ''must carry'' will mean and entail during the start of, and after the switch-over of DTT?

Guess again.

The South African broadcasting industry is completely clueless on ''must carry'' regulations for DTT, in fact, from Icasa side no 'must carry' regulations or clear and specific answers for ''must carry'' under DTT exists. That means that nobody has any idea what will happen, what must happen, or what is required.

''Currently there's regulations that speak to 'must carry' for pay TV operators. Those regulations address the SABC within the current environment with analogue television. It's very arguable whether those regulations have relevance within a digital environment,'' Thato Mahapa, TopTV's senior manager for regulatory affairs, told parliament.

''The subject wasn't treated comprehensively, so there needs to be a very definitive statement on what impact 'must carry' must and will have during the dual illumination period and there after. That's not something that's clear at this stage,'' Thato Mahapa said.

Pay TV operators of course get these channels for free and would get the future additional channels for free as well since they're ''forced'' to carry them. For the pay platforms it's additional content and additional channels - something that attracts subscribers. But it also requires bandwidth that could go to rather have other TV channels on a bouquet. And of course there's the issue of what to do when it's a rubbish channel that an operator don't really want to have - even if it is free.

Asked by the portfolio committee on communications in parliament ''what must be carried after digital migration?'' on the platforms of pay TV operators such as DStv, TopTV and M-Net, Icasa was completely clueless and had no answer. ''We don't have a direct answer,'' said Icasa.

''What we are doing is that currently we have a project to review all the broadcasting related regulations because they are all analogue based. So we are going to review them and align them with the digital environment. 'Must carry' is one of them,'' Icasa said.

A slight tad bit late, wouldn't you say Icasa?

BREAKING. TopTV: 'Digital terrestrial television (DTT) is a threat to us' and a 'significant threat to our market share expansion'.

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Pay TV operator TopTV told parliament that the advent of digital terrestrial television (DTT) in South Africa, where the country will be switching from analogue to digital broadcasting, is ''a challenge for us'' and that ''at the end of the day it represents new competition against platforms such as us''.

''One such manner that such competition manifests is that it creates more avenues for advertising. The SABC spoke of creating 18 new TV channels and that's an opportunity for them to take an ever greater portion of the advertising market, which we're only just starting to go towards,'' Thato Mahapa, TopTV's senior manager for regulatory affairs, told the government.

''Digital terrestrial television in South Africa will also be a threat to us in the sense that it will be cheaper; there will be no monthly cost and more channels. DTT creates multichannel viewing with the only significant an annual TV licence fee. Essentially DTT will also be covering the same target market that we look at. For us as a new entrant into the South African broadcasting market we see DTT presenting a significant threat to our market share expansion. But we still consider it as a necessary development,'' Thato Mahapa said.