Community radio: hearings

Meeting report

COMMUNICATIONS PORTFOLIO COMMITTEE; LABOUR AND PUBLIC ENTERPRISES SELECT COMMITTEE: JOINT MEETING
28 March 2001
COMMUNITY RADIOS: BRIEFING AND PUBLIC HEARINGS
 

[email protected] for document)

Chairperson: Mr N Kekana

SUMMARY
The Department briefed the committee on their efforts to develop and sustain community radio stations. There was keen interest in the specifics of their efforts especially solving the licencing problems. The National Association of Broadcasters, Freedom of Expression Institute and the National Community Radio Forum highlighted their concerns about community radio broadcasting. The licencing process, technical support and signal distribution, lack of resources and skills development, content development and production were identified as issues. Concern was also raised about the exorbitant monthly rates payable to Telkom. Seven community radio stations concurred with these points.

ICASA conceded that a major problem existed with licencing backlogs. It was clear that ICASA had been constrained due to their recent budgetary cutbacks and the merger of IBA and SATRA. ICASA proposed amendments to the Act so as to facilitate the licencing process. to allocate additional funds and to change the process of appeal.

MINUTES
Department of Communications
Mr J Mjwara briefed the committee on the Department’s efforts to support, develop and sustain the community-broadcasting sector.

A system of support is provided by the Broadcasting Act. The focus in the Act is on the needs and priorities of communities. It provides for the amendment of the Independent Broadcasting Act so as to facilitate the streamlining of the licencing procedure.

Mr Mjwara stated that in order to develop the sector, partnerships had to be fostered in certain areas. Firstly, infrastructures for radio need to be set up in rural areas. Production hubs need to be established and training and skills development need to be encouraged. Lastly, the Media Development and Diversity Agency needed to be established in order to co-ordinate the whole process.

For details on the actual efforts by the Department please refer to the attached briefing document.

Discussion
Mr L Green (ACDP) referred to a pie chart in the briefing document that showed percentages of community radio stations (CRS) who attended and who had not attended workshops that they were invited to. His concern was that it did not specifically reflect who had been invited, who had been excluded and who had benefited. Overall percentages do not say much. He asked for more specific information. He added that the briefing document makes no mention of the court cases in which certain community radio stations are currently embroiled.

Mr Mjwara replied that the workshops were totally voluntary and therefore strict protocols were not followed. On the issue of the court cases, Mr Mjwara said that they do not interact with the courts. They merely await their outcomes.

Dr P Mulder (FF) asked if the programmes they provide on production entail giving advice or doing the producing themselves. He also asked what the Department considers to be the best solution for streamlining the licencing process.

Mr Mjwara replied that they would not be directly involved in the production side of community radio stations. Producing would be entirely in the hands of community radio stations. He refrained from answering the question on streamlining licencing. He felt that it should rather be answered by ICASA (Independent Communications Authority of South Africa).

Ms S Vos asked if amending legislation has already been drafted to try to solve the problems associated with licencing. When is it to be tabled and are discussions with ICASA ongoing?

Mr Mjwara stated that they are well within their time frame to amend the legislation. He added that the channels of communication are always open.

Dr S Cwele (ANC) asked whether it is going to be legislation or regulations that are to be amended to fast track the licencing backlog.

Mr Mjwara replied that they are looking at legislative reforms. He was well aware that the process would be difficult.

Ms D Smuts (DP) asked whether the sector experts that are to assist community radio stations in developing their content are separate from the Department.

Mr Mjwara replied that the experts would not be linked to the Department. Some may be from Non Government Organisations.

Mr S Abram (UDM) asked whether the time period for granting of licences is influenced by the religious and cultural feel that certain community radio stations have.

Mr Mjwara stated that he is sympathetic to all community radio stations suffering due to the delays in licencing. Unfortunately processes have to be followed.

Mr V Gore (DP) asked whether the Department has considered disability issues.

Mr Mjwara replied that issues of disability are being addressed. There would be programmes on informing disabled people of their rights, educating the public about disabled people and so on.

Mr R Pieterse (ANC) asked why so few applications have been received from rural areas for community radio station licences.

Mr Mjwara stated that the problem with rural areas is their lack of resources. To get a community radio station off the ground takes some doing and to access funding there needs to be already some level of development. It is an issue that needs to be addressed.

National Association of Broadcasters (NAB)
The delegation comprised of the following speakers: Ms Lara Kantor (Executive Director); Mr Randall Abrahams (Chairperson); Mr Humphrey Birkenstock; Mr Ebrahim Ismail (Voice of the Cape Radio)

Mr Abrahams stated that the major obstacle faced by ICASA is their lack of resources.
Mr Humphrey explained that there are three types of licences that can be applied for by community radio stations:
(i) Special events licences which is valid for not more than 30 days
(ii) Temporary one-year licences that must be renewed annually
(iii) Four-year licences

Since 1998 only four provinces had four-year licences granted to them. Gauteng, Western Cape and Kwazulu-Natal have as yet not been granted a four-year licence. Mr Humphrey stated that many community radio stations have to apply for their one-year licences to be renewed year after year even though they have thousands of listeners. This places a financial strain on these radio stations as a fee accompanies each application. He could not understand why these community radio stations were not simply granted four-year licences.

To make matters worse all outstanding four-year applications are over three years old and must now be updated. Feedback on the delays is still being awaited from ICASA. While NAB is sympathetic to the logistical problems that are being experienced by ICASA, it is difficult for community radio stations to function in this manner.

Ms Kantor made the following points about licencing and the community of interest radio sector:
- 38 radio licences have been granted in six provinces but only eight of these were community of interest radio stations.
- 28 community of interest applications has been refused. Thirteen were non-competitive applications ie the only applications within a specific community. Furthermore of the nine religious applications that were received, eight were refused.
- 77% of all community of interest applications were refused. Comparatively, only 28% of geographic community radio applications were refused.
Ms Kantor stated that she is not aware of what or where the problem lies. Community of interest radio is in any case non-profitable. It deals with local issues, provides information and is perceived as a vehicle for empowering the poor. She stated that they are not questioning the mandate of ICASA or that the task they are performing is easy. All that is requested is that licencing problems must be sorted out.

Mr Ismail elaborated on the problems faced by community of interest radio stations. He said
many of them have to deal with problems related to low transmission frequencies, which hamper them from becoming viable. This in turn limits their ability to compete with bigger broadcasters for greater coverage. Limited coverage means less income from advertising. He also complained of the high tariffs that community of interest radio stations had to pay to Telkom. Their monthly tariffs had escalated to R13 000 per month. Mr Ismail asked if the committee was not able to intervene on their behalf, as the financial strain on them is unbearable.

He pointed out that guidelines for networking have also not been forthcoming from ICASA and that relaying is not permitted. Mr Ismail felt that if relaying were not allowed there was no way that radio stations in rural areas would be sustainable. Setting up a radio station studio is a costly process. Another financial strain on community radio stations is the proposed imposition of a 5% on turnover needle-time levy.

Mr Abrahams stated that NAB’s concerns relate mainly towards the viability and continuity of community radio stations. He emphasised that talent and skills are developed at this level and that it would be a shame to have such talent go to waste.

Please refer to the attached document for a detailed presentation.

Discussion
Dr P Mulder (FF) asked whether the four-year licence applications have a fee attached to it and when is it refundable.

Ms Kantor replied that the fee is R3000 and is non-refundable. A one-year application costs R500

In answer to Ms S Vos (IFP), Ms Kantor said she was unaware of the breakdown of the religious applications that were turned down.

Mr V Gore (DP) asked what does NAB suggest the committee do to rectify the problems with Telkom’s levies.

Mr Ismail stated that the problem is that Telkom has monopoly of the market. The market should be opened up to competition, which would allow the rates to be lowered.

Ms Libby Lloyd (ICASA) pointed out that they are reviewing the rate regime and that proposals in this regard would be made.

Freedom of Expression Institute (FXI) & National Community Radio Forum (NCRF)
Mr Mabalane Mfundisi (CEO of NCRF) stated that they still believed that ICASA should decide on the granting of licences. However they were in agreement that the process should be revised.

Mr Mfundisi stated that he had received numerous complaints from community radio stations that they often experienced technical problems. He stressed that they had entered into discussions with the Department to allocate funds towards technical support for community radio stations.

Ms Jane Duncan (Head of Policy and Research at FXI) stated that they were well aware of the attempts that were being made to improve the licencing process. She felt it important to inform the committee about the problems that ICASA was facing even though it is not in her mandate.

Ms Duncan stated that the licencing unit at ICASA had been severely constrained by budgetary cutbacks. In addition their provincial offices had been closed down which leaves all licencing inquiries to be handled by the licencing department itself. This has further slowed down the licencing process, as the lack of staff and resources was unable to handle the enormous workload. She added that the merger between the South African Telecommunications Regulatory Authority (SATRA) and the Independent Broadcasting Authority (IBA) to form ICASA has also delayed the licencing process. Hearings for licences had to be postponed due to the merger. The licencing unit consequently wanted amendments to be made to legislation so as to increase their staff complement. The problems of ICASA were worsened by the fact that their monitoring unit was unable to handle their workload due to the constraints of working with outdated and inadequate equipment.

Mr Jabu Mpembe (Provincial Chairperson, Gauteng - NCRF) stated that most community radio stations felt that licencing problems were a result of the restructuring process that had taken place at ICASA. The merger between SATRA and the IBA was seen as having made matters worse. The merging of organisations with opposing visions was problematic in itself. SATRA was driven by commercial profit, whereas the IBA was community orientated. Poor recruitment strategies and the retrenchment of former IBA employees made matters worse.

Mr Mpembe felt that the merger was too legalistic. No proper planning had gone into it. The merger was fraught with problems from the start. It only went ahead because it was in the interests of the ‘big players’. Mr Mpembe made the point that this was not only his views but also the sentiments of many.

The Chair said it was clear from the submissions that there are four problem areas:
(i) Licencing process
(ii) Technical support and signal distribution
(iii) Lack of resources and skills development
(iv) Content development and production

He hoped that ICASA would deal with these issues in their submission.

Independent Communications Authority of South Africa (ICASA)
Ms Libby Lloyd (Councillor) stated that they fully supported the formation of the Media Diversity and Development Agency (MDDA). She felt that the need for the MDDA was long overdue. However the perceived relationship between the MDDA and ICASA should be clearer. This would facilitate them working together.

Ms Lloyd noted that much had been heard about the failures of ICASA as far as community radio stations were concerned. However they had experienced a fair amount of successes as well. Ms Lloyd was proud of the fact that ICASA had licenced 100 radio stations over the last five years. Eighty of these are still going strong. Most of the licencing applications were from Johannesburg, Cape Town and Durban. Very few of these applications were for radio stations in languages other than English. This could stifle development in communities where traditional languages are predominantly used. She conceded that the four-year licencing process had been problematic but that she could unfortunately not suggest a quick-fix solution. ICASA hoped to work through their backlog by mid 2002.

Optimal functioning of ICASA was hampered by budgetary constraints. There is a lack of staff and resources. For example their technical and legal departments consist of one person each.
Delays have also been worsened by the fact that ICASA was involved in legal battles over licences with certain community radio stations.

Ms Lloyd elaborated on some of ICASA’s new initiatives. ICASA is to make enquiries into signal distribution and to review the current rate regime of Telkom. Restructuring at ICASA is ongoing and the process is far from complete. At present ICASA has seven councillors but only two of them have backgrounds in broadcasting.

Ms Lloyd stated that they were drafting three-year plans in order to improve their efficiency
She was concerned that the public perception was that ICASA is anti community radio, anti religion and even anti Afrikaner. Ms Lloyd stated that these perceptions are totally wrong. If ICASA had a choice in granting licences between two competing radio stations, the obvious choice would be to the one that was serving a larger listening audience.

Ms Lloyd stated that ICASA is to hire four additional staff members to assist in processing applications. She emphasised that the Act must be amended to allow for either of the following:
(i) A councillor to delegate to a subcommittee the ability to preside over hearings. This would lessen the legislative bureaucracy. Presently only a councillor is allowed to preside.
(ii) To hire additional councillors to help cope with processing applications.

The Chair stated that it seems that there are three proposals:
(i) To allocate resources to ICASA – the Minister of Finance had agreed to allocate additional funds to ICASA.
(ii) To amend legislation so as to remove obstacles hampering processes.
(iii) At present the process of appeal is through the courts. If the courts identify that there are problems with legislation regarding appeal procedures this would have to be addressed.

The Chair opened up the floor to community radio stations to make suggestions.

Radio Pretoria
In 1999 the station was forbidden to speak Afrikaans on air. This they felt was totally unacceptable. Other than that they had no complaints. They stated that they supported the submission made by NAB even though they were not members of the association.
They did however recommend that the appeal procedure for licences be revised, as going to court is a costly exercise. Rather there should be a process of internal appeal within ICASA.

Ms Lloyd stated that no provision in legislation exists for internal appeal within ICASA. In this regard, the Chair remarked that if legislation needed to be amended so be it.

Dr Mulder (FF) commented that the licencing process is too complex, it needs to be simplified.

Radio Ripple
The station has been on air for the last eight years. Each year they have to apply for a temporary one-year licence. Not only was it an administrative burden but a financial one as well. They felt that it was high time they were allocated a four-year licence. Radio Ripple suggests that if a viable community radio station has been on air for longer than two years, it should be granted a permanent four-year licence.

A further concern was that community radio stations pay the same rates as commercial ones. Another suggestion was that stronger transmission power should be granted in rural areas.

Voice of the Cape
Mr Ismail supported the suggestions made by Radio Ripple. He felt that the committee should support community radio stations as they have the common aim of serving the public. It was unacceptable that established radio stations had to apply annually for temporary licences.

Radio KC
The suggestion was made that radio stations with the same aim could submit a combined application.

Radio 786
Mr Allie Adams stated that he supported the suggestion that more councillors be appointed to ICASA. He noted that the application process was too complex and that the application document itself was not clear. He proposed that a simpler document be used for renewal of licences.

Community Radio Station Stellenbosch
The station supports the suggestion of a subcommittee to deal with hearings. They felt that this would speed up the process of licence applications.

Orange Farm Community Radio
They were in favour of a councillor holding the hearing but felt that the councillor should make the decision immediately after the hearing, thus not delaying the process.

The Chair stated that in principle all parties were in agreement to fast track the licencing process. He instructed ICASA and the Department to take heed of all the suggestions that were made.
The Chair realised that some of the issues are policy issues but some of the issues like the rates payable to Telkom and technical support could definitely be addressed.
Mr Kekana stated that there are no shortcuts as there is a process to be followed.

Ms Vos asked what assurances would the committee receive from the Department that legislation is to be tabled. She hoped that something was already on the books.

Mr Mjwara assured the committee that they would try to find solutions to the problems.

The meeting was adjourned.
Appendix 1
DEPARTMENT OF COMMUNICATIONS
Supporting, Developing and Sustaining
The Community Broadcasting Sector

Supporting The Sector
· White Paper provides for
-Policy framework to support development of the sector
-Objectives & mandate for the existence of the sector
-Prioritisation of the need to extend the sector to reach the rural areas, grassroots communities most in need of communications outlets
-Development of strategy to resource the sector

Supporting
· The Broadcasting Act provides for:
-Objectives of the sector
-Focus on the needs of communities & priorities
-Geographic and Community of interests categories
-Amendment to the IBA Act to streamline licensing procedure
-Inquiry into Community TV

Developing the sector
· Partnerships to ensure:
-Establishment of Radio Infrastructure in rural areas
-Establishment of Production Hubs
-Training and Skills Development
-Media Development and Diversity Agency establishment

Developing the Sector
Infrastructure Roll-Out
· Application considered on conditions:
-Licence granted by ICASA
-Broadcasting to rural, peri-urban and previously disadvantaged areas
-Ownership and control by not-for-profit organization
· 17 Community Stations installed and Commissioned during 2000/ 2001 FY
· 6 Provinces licensed by ICASA
· 3 Provinces yet to be licensed
· On Air and Production Studios
· 36 stations to be provided with signal transmitters, Recording Equipment, Decoders
· Areas of Roll- Out
· Programme to focus on stations in 18 nodal points identified in terms of the ISRS
· ISRS aimed at a sustained campaign against rural poverty and underdevelopment
· ISRS to bring the resources of three spheres of government in a coordinated manner
· ISRS focus on infrastructure development, human resources development and poverty alleviation
· Nodal Points poorest rural areas
· O.R Tambo, North East Ukhahlamba, East Griqualand Kei District in the Eastern Cape
· Umzinyathi, Umkhanyakude, Ugu and Zululand District in KZN
· Kgalagadi Cross Boundary District in Northern Cape and North West
· Central Karoo District in the Western Cape
· Sekhukhune Cross Border District in Mpumalanga and Northern Province
· Eastern District Municipality in the Northern Province
· Qwaqwa District in the Free State

Developing the Sector
Production Hubs
· White Paper process identified:
-The lack of diversity in programming
-Lack of programmes directed at among others women, children, disabled and Health issues
· Project to help the sector address the programme areas that are underrepresented in schedules
· Project to help the sector co-ordinate and exchange programming at a Provincial level
· Project to address the needs of:
-Children
-Women
-Disabled
-Health & HIV/AIDS
· Elements of the project:
-Facilitated skills development in critical areas
Needs analysis, Programming and Formats
-Involvement of sector experts in content development as Content Advisors,
-Involvement of CBOs, NGOs working in the various sectors in Provincial Production Committees
-Development of a Programme Production Plan
Content, formats, languages, schedules
-Programme production
-Programme exchanges in Provinces

Developing the Sector
· All suitable formats
· 600 Children’s programmes
· 720 prgrammes on disability
· 720 programmes on women’s issues
· 500 programmes on health & HIV/AIDS

Developing the Sector
Production Hubs
Examples:
Production Themes
Women Production Hubs
Children Production Hubs

Developing the Sector
Women Production Hubs
· Human Rights
· Empowerment
· Reproductive Rights
· Breast/ Cervical Cancer
· Contraceptives
· Women’s Health
· Hygiene
· Sexual Abuse & the Law
· Domestic, other forms of violence & the Law
· Women and economic rights
· Women and education
· Discrimination and Gender stereo typing
· Women and Barriers to success
· Access to Information
· Support Structures for women in economic situations
· Employment practices
· Women and technology
· Women and Media
· Women and freedom of expression
· Community Media and Women
· Women and Conflict Management
· Women Security & Safety
· Women and Politics
· Culture & Tradition and impact on Women
· Girl Child and Sexuality
· Girl and Career Opportunities
· Women and Sports
· Initiation Schools & Virginity Tests
· Traditional Law and Women
· Maternity Rights
· Women’s Rights in the workplace
· Women and the Bill of Rights
· Women and Legislation
This is a summary of the major themes in the areas of programme production on women
Developing the Sector

Children Production Hubs
-Children’s Rights
-Children and Health
-Early Childhood Development
-Acquisition of knowledge and skills
-Children and Literacy
-Children and Numeracy
-Children and Disability
-Effective sanitation
-Child Labour
-Children & all forms of abuse
-Child Trafficking
-Household food security
-Violence against children
-Children & emotional and psychological well being

Developing the Sector
Children Production Hubs
· Childhood Diseases
· Infant & Child mortality
· Under-nutrition and malnutrition
· Iron and vitamin deficiencies
· Breastfeeding
· Children and culture
· Children and leisure
· Children and Recreation
· Children and Sports
· Teaching of Life Skills
Developing the Sector
Production Hubs

Participation in Programme Production Hubs
Sustaining the Sector
Skills Development
· National Electronic Media Institute of South Africa to offer:
-Dedicated programme to support all-round skills development
-Skills to focus on organisational & business development, management, advertising & marketing, programme production, research & evaluation
-Technical skills development to focus on studio technologies, studio operations, signal distribution, equipment maintenance, introduction to multi-media

Sustaining the Sector
Supporting the MDDA
· MDDA to formulate strategies to sustain the sector
· MDDA to support both start-ups and operating stations
· MDDA Policy and Legislation

Sustaining the Sector
Challenges
· Expansion of the sector to reach all the rural and needy communities
· Programming to include all community programming needs
· Integration of the sector to national efforts aimed at poverty eradication, closing the digital divide, education and eradication of illiteracy etc.
· Ensuring the participation of all segments of the community in the station area
· Ensuring greater participation of communities in station activities
· Legislative Reform to streamline licensing
· Compliance with licence conditions & mandate
· Achieving Universal Access to community media and Information, Communications Technology infrastructure

Appendix 2
NATIONAL ASSOCIATION OF BROADCASTERS

INTRODUCTION
It is now seven years since the first community radio licences were issued. Community radio licences predate the privatisation of SABC stations and the licensing of greenfields commercial stations. This means that far from being ‘the new kids on the block’ community radio has led the way in opening up the South African airwaves.

One in ten radio listeners in South Africa listens to a community radio station every day. The latest Radio Audience Measurement (RAMS) figures estimate overall weekly community radio listenership in South Africa to be over 3 million.

In spite of this, the sector has been beset by troubles. The difficulties in becoming financially sustainable have been compounded by the regulator’s resource constraints which have had at least two negative consequences for community radio:

-The closure of the provincial offices, on which community stations relied for information and assistance;

-Considerable delays in issuing four-year community radio licences.

Another concern, unrelated to resource issues, but of profound worry to many NAB members is the perception that community of interest stations are no longer welcome in the South African broadcasting environment.

We will ask in our submission that the committee allay these fears and reaffirm the legal position which allows for both community of interest and geographic licences.

In this submission, the NAB will address the three concerns listed above and other matters.

1.WHO WE SPEAK FOR

The National Association of Broadcasters (NAB) is widely representative of the South African broadcasting industry. Our membership includes:

-All television channels
-19 SABC radio stations and 14 commercial radio stations
-Licensed signal distributors
-38 community radio stations

As far as our community stations are concerned, our membership is largely based in Gauteng, where we have 18 members and the Western Cape where we have 10 members. We have more community of interest members than geographic, with 30 community of interest stations including six campus stations. We have eight geographic station members. Our community radio membership includes the member stations of the Association of Christian Broadcasters which is a member of the NAB.

In preparation for this submission, each member station was contacted to provide input on the issues they wished to see raised. Preparatory workshops were held in Gauteng and the Western Cape.

We believe, therefore, that our submission today is largely representative of the concerns of the community radio sector as represented by the NAB.

Where appropriate we also refer to a research report conducted in 1999 by Niall Collie of Wits Business School, titled "Stakeholder Perceptions of the Viability of Community Radio", hereafter referred to as "the Wits Business School Study".

2.SLOW PACE OF ISSUING 4 YEAR LICENCES

The most immediate concern facing community radio concerns the continuing delays in licensing four-year community radio stations.

ICASA allows for three types of community radio licences:

-Special event licences (for no longer than 30 days and not for consecutive months);

-Temporary licences (for no more than 1 year);

-Four-year licences.

Essentially the one-year temporary licences were a short-term measure to allow the Authority to put community radio on air before it had a policy in place. From 1994/1995 onwards temporary one-year licences were issued.

With the policy finalised by mid-1997 and the call for four-year applications issued shortly thereafter, ICASA announced that it would no longer consider applications for one-year temporary licences. Existing one-year stations were allowed to continue broadcasting and were allowed to continue re-applying for licences until such time as the four-year licences in those provinces were issued. ICASA also stated that after the closing date for four-year licences, it would not consider any new applications for four-year stations until the existing batch had been processed.

This may have been an effective way forward for the licensing of community radio had it not coincided with drastic cuts to the regulator’s budget. Those cuts seem to have severely constrained the regulator in issuing four-year licences. The results have been profound:

-Since 1998, only six provinces have had four-year licences issued;

-In some provinces there have been long delays between the granting and issuing of licences;

-Next year, in 2002, the licences issued in 1998 will expire and will have to be renewed resulting in further work for the regulator;

-In the three provinces which have not yet received four-year licences, Gauteng, Western Cape and KwaZulu Natal stations, have to apply for a new temporary licence every year;

-Applying for a new licence entails submitting a written application, paying an application fee, making mutiple copies of the application, submitting evidence of support for the station and attending an oral hearing should the Authority so request;

-Some stations in Gauteng, Western Cape and KwaZulu Natal have had to apply for up to seven temporary licences and are still not assured that that they will be issued a four-year licence although some have built up audiences of tens of thousands of listeners;

-Stations broadcasting on a temporary licence have struggled to convince advertisers and donors that they are a sustainable option as each year they could potentially fail to be issued with a new licence;

-Working year to year has impacted on the ability of these stations to formulate long-term plans or budgets;

-Stations which missed the deadline for the application for four-year licences have to wait until the entire four year licensing process is complete before they can submit an application;

-Community initiatives which have arisen since 1997 have been unable to get either a temporary one year licence or put in a four-year application and have had to rely on special events licences, for no longer than 30 days at a time to sustain community support.

-All outstanding four-year applications are now nearly three years old and will need to be updated and revised before they are heard by the Authority;

The above contributes to the damaging perception that the community radio sector is chaotic and unviable. This perception is exacerbated by the lack of information from the Authority on how and when the four-year licensing process will be concluded. While the Authority stated at the end of last year that it would speed up the process by considering non-competitive applications without a hearing, no decisions on non-competitive applications have yet been announced.

The NAB is sympathetic to the plight of ICASA in having to licence a large sector without sufficient resources. However, it must be noted that the resources of community stations themselves are even more scarce.

In the Wits Business School report, 15 community stations were measured on their perception of the regulator. Some of the results are striking:

-67% felt that the regulator is too prescriptive to community radio;
-50% believed the regulator is under-resourced and under-staffed;
-Only 43% believed the regulator facilitates community radio station development.

In our consultation with stations these sentiments were reflected again. Stations complain that they are required to respond to ICASA requests for information at the last minute and are frequently not assisted in resolving technical difficulties. Stations are often required to resubmit duplicate information because of apparent lack of co-operation between ICASA departments. Broadcasters outside of Johannesburg particularly struggle to get information or assistance from ICASA.

Broadcasters have recently noted the lack of resources in the technical section of ICASA’s broadcasting division where there appears to be only one frequency planner to issue technical specifications and deal with broadcasters’ technical inquiries relating to coverage. The NAB submits that this is inadequate and must be addressed as a matter of urgency.

The NAB recommends that this committee engage with ICASA on what it requires to speedily licence community radio.

It is remarkable that under trying conditions, the sector has managed to sustain itself. With support and positive interventions, the sector will undoubtedly grow and flourish.

3. LICENCES ISSUED TO COMMUNITY OF INTEREST GROUPINGS

A damaging perception which must voiced relates to community of interest stations and whether these stations are still welcome in the South African broadcasting environment.

The IBA Act makes provision for two types of community radio – geographic stations and community of interest. Community of interest stations consist of campus based student stations, language based stations, religiously founded stations and other communities of interest.

Many in the community radio sector believe that the Authority is no longer issuing community of interest licences.

The NAB believes that this perception is damaging to both the community radio sector and the credibility of the Authority therefore must be addressed.

The foundation for this perception may lie in the low numbers of community of interest licences which have been granted. These are listed below. It should be noted that these figures may not be completely accurate as, in some provinces, applications were withdrawn or not heard and it therefore difficult to be sure of the total number of applications finally considered. We are however confident that the broad trends are accurate. ICASA could be requested to verify the exact figures, should the committee so wish.

Our analysis of the figures shows the following:

-In the six provinces which have been licensed 42 licences have been granted (not all of these were issued).

-Of the licences granted only 8 are community of interest licences.

-This is despite the fact that virtually even numbers of geographic and community of interest applications were originally made. 36 community of interest and 39 geographic applications were submitted in the six provinces.

-Of the 28 community of interest applications refused by the Authority, 13 were non-competitive where the applicant was the only party applying for that frequency.

-Of the nine religious station applications made, eight were refused.

-These figures seem to indicate that a much higher percentage, 77%, of community of interest licence applications are refused by ICASA, whereas only 26% of geographic applications are refused.

The NAB has not examined in detail the Authority’s reasons for not granting licences and accepts that these reasons may well be justifiable.

The NAB is also not questioning Authority’s mandate, discretion and ability to issue licences as it sees fit. ICASA has the difficult task of balancing a wide range of imperatives and often has to weigh up competing interests in its decisions. The NAB does not wish to see any undermining of the Authority’s independence to make such decisions. However, the perceptions laid out above do exist and must be addressed.

The policy and legal framework for community radio provides for two types of community radio. Both must be responsive to their communities and must plough their profits back to the station. Both have the potential to tell local stories, reflect local concerns, pass on information, promote development, alleviate poverty and empower communities. Neither type of station is ‘better’ than the other. Both categories of licence should therefore be given the opportunity to exist and thrive.

The NAB asks that the legal right of community of interest stations to exist and play a role in the South African broadcasting environment be reaffirmed.

OTHER ISSUES

INADEQUATE COVERAGE
In the Wits Business School study only 25% of respondents perceived the strength of their signal to be adequate.

Many community broadcasters continue to complain that their viability is threatened by the low transmission power which forms part of their licence conditions. These power limitations sometimes seem to be set arbitrarily low, and fail to take into account that community frequencies are typically sandwiched between commercial and SABC stations operating at 30 to 750 times the power allowed the community stations. The NAB asks that this matter be investigated.

LIMITS ON NATIONAL ADVERTISING
The White Paper proposes that a limit be set on the amount of national advertising carried by community radio (p27). The NAB submits that as community radio already struggles to attract any advertising, such a limitation can only serve to discourage advertisers further from using community radio.

The Wits Business School study isolates the lack of support from advertisers as one of the key inhibiting factors acting against the viability of community radio. The report recommends that advertising agencies be informed and educated as to the markets that can be reached via community radio.

The NAB submits that limits on advertising for community radio should not be considered at this time.

SIGNAL DISTRIBUTION TARIFFS
The White Paper proposes that an inquiry be held on the tariff structure for signal distribution fees for community radio in needy areas (p27). The NAB submits that this should be followed up on urgently as many community broadcasters struggle to pay these fees.

Community broadcasters also struggle to meet the Telkom rates and the Authority’s own application fees. The NAB asks that these also be looked into.

NETWORKING AND RELAYING
The Authority’s Discussion Paper prohibits relaying (Section 4.5) but since then the promised guidelines on networking have not been forthcoming. There does not appear to be clarity on whether and how much networking is allowed by community stations. The NAB submits that some networking should be allowed and that the Authority should give clarity on this so that there are consistent networking rules for community stations.

NEEDLETIME
The NAB notes that community radio exists in the context of the broadcasting industry as a whole and therefore is subject to many of the same challenges that other broadcasters face. Among the challenges currently being confronted by the broadcasting industry is the proposed introduction of a needletime levy. The NAB submits that such a levy could have devastating consequences on the viability of community radio.

CONCLUSION
The Wits Business School study concludes that there immense talent and an abundance of skills in South African community radio which can be harnessed to make the sector viable. Anyone working in, or with, community radio, knows this to be true.

However, we are at a time now when many stations are despondent about their future. They believe their concerns are falling on deaf ears and that the chances of positive interventions being made are small.

We ask that you prove them wrong. We ask this committee to take our concerns forward in the interests of the sector.

We thank you for the opportunity to address you on these important matters.