In the interest of On Digital Media (Pty) Ltd (ODM) / StarSat subscribers, members of the public and all relevant stakeholders, the Independent Communications Authority of South Africa wishes to provide clarity regarding StarSat’s imminent exit from the subscription television market in South Africa.

ODM held an Individual Broadcasting Service Licence for the provision of a Commercial Subscription Television Broadcasting Service (“I-CSTBS”).

ODM’s licence was issued by the Authority on 09 July 2008 for a 15-year period which expired on 08 July 2023.

ODM failed to submit a licence renewal application within the required timeframe set by the Electronic Communications Act (ECA) and related regulations. The legislation requires a licensee that holds an Individual Broadcasting Service licence to submit its renewal application to the Authority no earlier than twelve (12) months and no later than six (6) months prior to the expiry of the licence.

Despite numerous reminders, ODM submitted its licence renewal application after the expiry date on 10 November 2023. The Authority does not have the legislative or regulatory mandate to consider a renewal application for a licence that has already expired.

Mothibi Ramusi (Chairperson), T Faye, Dr C Lewis, Adv. LS Mkumatela, C Mushi, N Nontombana,

N Sithole, P Zimri (Councillors), T Maluleka - Disemelo (CEO)

Nevertheless, Section 15(2)1 of the ECA affords the Authority the discretion to allow a licensee whose licence has expired to continue providing services for which it was licensed in order to wind up the licensee’s affairs and to protect its customers.

On 30 October 2023, the Authority informed ODM of its decision to invoke Section 15(2) of the ECA.

Subsequently, several letters were written to ODM requesting it to provide the following information, in line with the principles of procedural fairness as set out in section 3 of the Promotion of Administrative Justice Act, 2000 (Act No 3 of 2000):

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the amount of time it would require to wind-up its affairs;

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a plan on how and when it will inform subscribers about the winding up of its services; and

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reasons for the proposed timelines of winding up.

No answer to these questions was received by the Authority. Accordingly, on the above-mentioned basis, on 18 March 2024 the Authority decided that ODM should wind up its affairs and cease providing broadcasting services by 18 September 2024, and further inform its subscribers.

The Authority once again urges all licensees to submit their renewal applications on time and in the prescribed manner. This is a legal requirement, so that South African citizens are not denied access to communication services. Broadcasting services play a vital role in, amongst others, building social cohesion, enabling economic growth, and ensuring the dissemination of information, entertainment and education.

Ends…

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