Broadcasting
Overview
Broadcasting refers to the distribution of programs for public consumption and simultaneous reception, whether or not by subscription, via terrestrial transmitters, cable, satellite, or any other medium, via a radio or television receiver or other related electronic equipment, but does not include communications internal to a private organisation or government body, such as internal press or closed-circuit television or internal address systems, or intercom.
The Declaration of Principles on Freedom of Expression adopted by the African Authority on Human and Peoples’ Rights states that State and government-controlled broadcasters shall be transformed into public service broadcasters, accountable to the public through the legislature rather than the government.
The National Communication Authority and the Media Authority, according to Media Authority Act 2013 are tasked to ensure the broadcasting frequency spectrum is shared equitably and in accordance with the broadcasting policy and guiding principles as stated in section 6 of the National Communication Act.
Guidelines
Public Broadcasting Service is necessary for upholding and fulfilling the principles of universal access, equality and diversity in broadcasting aligned with the democratic values of the Constitution to enhance and protect fundamental human rights.
The broadcasting system relies on use of radio frequencies that are public property, accordingly, radio frequencies shall be allocated in a fair and transparent process to promote public, commercial and community broadcasting.
Broadcasting Service shall encourage the development of South Sudanese expression by providing a wide range of programming that refers to South Sudanese opinions, ideas, values and artistic creativity by displaying talent in radio and television programming.
Broadcasting Licence
The Authority shall provide a written notice of its decision to an applicant for broadcasting service licence. The Authority may attach such specific conditions to the licence as it may deem necessary to promote broadcasting and in accordance with the Guiding Principles and media policy as set out in section 6 of National Communication Act (2) The conditions for a broadcasting service licence in particular shall among others:
- set the minimum number of hours to be broadcast on a daily, weekly or annual basis;
- set minimum local content requirements over and above the minimum specified in National Communication Act;
- specify maximum amounts of repeat programming; or,
- specify the language or languages in which the programmes are to be broadcast and in what minimum proportions.
An application for broadcast licence shall be published on the website of the Authority at last 60 days prior to public hearing at which licence applications are assessed by the Authority.
A broadcasting licence shall automatically lapse where the licensee does not initiate a service within six months from the date specified in the licence for the commencement of the service, or if a broadcaster fails to broadcast for six months without a valid excuse.
Licences shall be valid for the following periods:
- 4 years for a community broadcasting licence;
- 5 years for a commercial radio broadcasting licence; and,
- 7 years for commercial television broadcasting licences
A person shall not provide a broadcasting service except in accordance with a valid broadcasting licence. The Authority shall have exclusive responsibility in relation to issuing and renewing broadcasting licences. A licence may be issued:
- an individual who is a citizen or resident of South Sudan;
- an entity incorporated or having a recognized legal status in South Sudan; or,
- an entity which is not subject to majority control by non-citizens or non-residents.
Where an application for broadcasting service licence is rejected the notice under subsection (5) of this section shall include the reasons for the rejection and information regarding the right of the applicant to appeal. A broadcasting licence shall not be issued to a political party or to a body which is substantially owned or controlled by a political party.
Regulation of Broadcasting Services
The Authority shall not allocate frequency or frequency band to any person for the purpose of providing public or private broadcasting services unless such person has obtained a Licence from the relevant agency.
Import, Assembly, Manufacture and Trading in Communication Equipment and Materials
- No person shall import, repair, assembly, manufacture, install or trade in any communication equipment or materials except under licence duly issued by the Authority.
- The customs authority shall not release to any person communication equipment which is found to have been imported without a valid licence or permit from the Authority.
- Fixed or mobile telephone sets, computers, fax machines or other communication equipment intended for personal use shall be exempt from the application of sub-Section (2) of this section as prescribed in more details by the regulations issued under this Bill.
- Notwithstanding the provisions of sub-section (3) of this section, the Authority may exempt some entities from restrictions regarding importation of Information and Communication Technology equipment.
Broadcasting Form Application Processing
- The National Communication Authority (NCA) is the sole government agency responsible for authorising any entity or individual to operate a Telecommunications system for personal or public purposes or offer Telecommunications and ICT services within the geographical boundaries of South Sudan as stipulated in the National Communication Act.
- NCA also manages South Sudan’s Radio Frequency Spectrum to ensure efficient and harmonised use of the frequency resources in compliance with international standards. This is achieved through issuing licences that grant authorisation to particular frequency channels, allocations or frequency bands.
- The licensing process examines all aspects that are relevant for the particular requested service and/or frequency. Depending on eligibility of the licensee through fulfilment of the licence conditions and requirements, the licence request can be granted else otherwise denied.
- In order to qualify for a radio frequency licence, the applicant needs to supply documents that qualify the legality of applicant, justifies service and need for frequency, demonstrates capability and explains technical details of the intended radio frequency utilisation.
- Applicants could be contacted by email, written correspondence or by phone, if additional information is needed.
- If the application is approved, the applicant will be contacted via phone or email and informed of the licence offer and the next steps. The licence offer will be officially made through an invoice for payment of the licence fees. The invoice is valid for a period of two (02) months from the date of issue and states the fees to be paid before a licensee is issued. These fees will include a 5% administrative fee and any other charges as required by the law.
- The NCA TV broadcasting licence has a one (01) year validity and the licensee is required to renew the licence annually. It is recommended that the licence renewal process is commenced at least two (02) months before expiration to avoid inconveniences such as penalties or licence revocation.
- The NCA reserves the right to restrict or revoke the licence under circumstances that can be technological, functional, or administrative. This may include frequency re-farming requirements resulting from regional or international treaties to which South Sudan is party, failure by licensee to fulfil licence obligations and conditions, abuse of the licence among other scenarios as stipulated by the law.
Accompanying Documentation
The following documentation MUST accompany this from:
- An application letter addressed to the office of the Director General, National Communication Authority, Ministry of Telecom Building, Gumbo, Juba South Sudan.
- A technical, operational or business description and justification of what the frequency licence is desired for.
- A copy of memorandum and articles of association, company/NGO/Association registration certificates, operations licence, tax clearance certificate and letter of no objection from Media Authority.
- A copy of Nationality certificate for nationals or passport for foreigners in case of an application for private frequency use such as amateur applications or for research purposes.
- The completed application form and support documentation must be submitted by hand, post or email to National Communication Authority (NCA) offices; Ministry of Telecommunications building, Gumbo, Juba, South Sudan.
Terms and Conditions of the Licensee
The licensee terms and conditions include (but are not limited) to the following:
- Scope of the licensee
- Obligations to consumers
- Obligations to other licensees
- Obligations to the authority
- Obligations to the state
Requirements for a VSAT Application Form
- This application should be completed in English.
- The application should be addressed to the Director General (NCA, Gumbo-Juba) with a covering letter summarising the profile of the applicant and the licence applied for,
- The application should be accompanied by a sworn affidavit submitting the documents listed therein and attached to this application
- The application fees will be determined in accordance with existing tariffs regulations
- Diplomatic Missions and Organizations accredited to South Sudan may channel their application through the Ministry of Foreign Affairs and International corporation [part C: above, is not applicable for such an application,
- Educational and research institutions must attach a letter/Certificate of Registration from the relevant authorities.
- Foreign entities not based in South Sudan applying for VSAT licences should notarize all their documents,
- Some of the parts in this application form require a technically qualified person to complete. Please request the assistance of your service provider to fill in the required information.
- Service providers are required to complete all the technical parts; they are therefore advised to liaise with the Directorate of technical Affairs to obtain accurate technical information and have the application verified and recommended for processing.
- Please present a completed application form at our offices at Gumbo on Bor and Nimule road junction, Ministry of ICT and Postal Services Building.