Independent Communications Authority of South Africa/ Onafhanklike Kommunikasie-owerheid van Suid-Afrika

Transcription

1 Independent Communictions Authority South Afric/ Onfhnklike Kommuniksie-owerheid vn Suid-Afrik 642 Independent Communictions Authority South Afric (13/2000): Invittion for written representtions No GOVERNMENT GAZETTE, 25 AUGUST 2017 Generl Notices Algemene Kennisgewgs INDEPENDENT COMMUNICATIONS AUTHORITY OF SOUTH AFRICA NOTICE 642 OF 2017 n 00 oi-i c cn (r) rn(f) zi-i -1 O z

2 STAATSKOERANT, 25 AUGUSTUS 2017 No re. portion(s) or representtions such withdrw to llowed be will request mde who person refused, is confidentility for request Where Act. ICASA 4D section terms confidentil s treted be to is re portion ny or representtions such tht determe my Authority notice, this to pursunt representtions written submits who person ny request At be librry. Authority's will notice, t persons terested this to pursunt Authority by by spection for vilble mde received representtion(s) Written Fridy. to Mondy 16h00, nd 10h00 between -3251/3125; to directed. be should Enquiries to: miled e- be lso should representtions written possible, Where Sndton. Street, Kre 164 Frm, Pmill A, Block ddress: Delivery Rmtlo. Refilwe ttention: for specificlly mrked nd Word) Microst ( electroniclly or delivery hnd post, by 2017 October 31 on 16h00 thn lter no by Authority to submitted be must Document Discussion to regrd with representtions Written Fridy. to Mondy 16h00, nd 09h00 between Sndton D), Block t Floor (Ground Frm, Pmill Street, Kre 164 No. t Librry Authority's nd t website Authority's on vilble mde be will Document Discussion copy A Authority. by herewith published Services Brodcstg Television Subscription to Inquiry regrdg Document Discussion on representtions written ir submit to vited hereby re persons terested 2000), 13 No (Act Act Afric South Authority Communictions Independent 4B Section terms In REPRESENTATIONS WRITTEN FOR INVITATION

3 6 No GOVERNMENT GAZETTE, 25 AUGUST 2017 Associtions Footbll Europen Union UEFA Terrestre Numerique Television TNT test Prices Increse Trnsitory Non Significnt but Smll SSNIP Forum Communictions Africn South SACF Limited SOC Corportion Brodcstg Africn South SABC Legue Soccer Premier PSL HD View Open OVHD Top The Over OTT Communictions Office OFcom Development nd Coopertion Economic for Orgniztion OECD Medi Digitl On ODM Commission Consumer Ntionl NCC Television Protocol Internet Brodcsters Assocition Ntionl Apply to Invittion IPTV NAB ITA Technology Communiction nd Informtion ICT Afric South Authority Communiction Independent ICASA Authority Brodcstg Independent IBA Index Hirschmn Herfdhl- HHI Union Europen EU Guide Progrmme Electronic EPG Act Communictions Commission Electronic Europen ECA EC Hndheld Brodcstg- Video Digitl -H DVB Home To Direct Trnsmission Terrestril Digitl DTT DTH Stellite Digitl DSAT Demnd on Entertment Digitl DEOD Equipment Premises Customer CPE Telecommunictions BT bbrevitions List British

4 STAATSKOERANT, 25 AUGUSTUS 2017 No Afric South Distribution Retil for Content Premium or nd Movies TV Subscription -run First Cricket, Rugby, Soccer, Live Premium Acquisition for Mrkets content: for Mrket wholesle Upstrem Approch Proposed Overview MARKETS RELEVANT IN COMPETITION OF EFFECTIVENESS THE OF CONSIDERATION BROADCASTING Document Services Technicl provision Content mrkets: wholesle Upstrem provision Chnnel mrkets: wholesle Upstrem mrkets retil Downstrem Brodcstg Subscription Defition Mrket Mrket Geogrphic Relevnt Substitution -side Supply Mrket: Product Relevnt Substitution -side Demnd Mrket: Product Relevnt defition mrket to Approch Overview DEFINITION MARKET migrtion Digitl 4.10 Developments Future 4.9 brodcstg television Subscription 4.8 brodcstg television -ir -to Free 4.7 brodcstg television Commercil 4.6 brodcstg television Community 4.5 brodcstg television Public 4.4 overview Mrket 4.3 overview frmework regultory nd legisltive Policy, 4.2 Overview 4.1 SECTOR SERVICES TELEVISION AFRICAN SOUTH THE OF OVERVIEW 4. quiry purpose nd Scope 3.2 Overview 3.1 INQUIRY THE OF PURPOSE AND SCOPE THE jurisdiction Concurrent Confidentility Process conducted is quiry this which with frmework Legl INTRODUCTION Discussion to response comments Submission television subscription context Competition sector brodcstg subscription Africn South The Introduction SUMMARY EXECUTIVE

5 8 No GOVERNMENT GAZETTE, 25 AUGUST Tier Bsic 77 for Content CONDITIONS POWER MARKET SIGNIFICANT -operbility ter box -top set Introduce network firm's domnt up Open -fer must wholesle- Impose splittg rights Impose unbundlg Introduce contrcts exclusive Shorten Overview LICENCE COMPETITIVE PRO- POSSIBLE WITH LICENSEES OF CONCLUSION CONSIDERATION Chnnels Brodcstg Television Subscription nd Premium Distribution Retil for Mrket Downstrem 6.5 Afric South Distribution -Premium Non Acquisition for Mrket Mrket: Upstrem

6 STAATSKOERANT, 25 AUGUSTUS 2017 No consumers. for outcome nd Afric South services brodcstg television subscription opertion understndg prelimry g to nlysis out crryg been hs nd reserch, desktop nd exercises benchmrkg stkeholders, cert with meetgs -one -on one conductg complete, to vited were stkeholders which questionnire form evidence, collectg been hs Authority sector, ICT with competition promotg mndte its fulfillg In filure. mrket identified ny with def to imposed be my conditions licence -competitive pro sufficient nd pproprite whom upon power mrket significnt with licensees identify nd mrkets, such competition effective is re if determe segments, mrket nd mrkets defe tht regultions prescribg to prior quiry n conduct must Authority ECA, 67(4) section terms In ECA. 10 Chpter under regulted specificlly re mtters Competition sector. brodcstg competition fir ensure thgs, or mongst to, purpose tht for nd terest public Afric South policy brodcstg develop nd estblish to is Act Brodcstg object Furr, sector. ICT competition promote thgs, or mongst to, purpose tht for nd terest public Afric South communictions electronic regultion for provide to is ECA object primry The licensees. relevnt on conditions -competitive pro imposition through Authority by tken be to ction require which sector, issues competition re re wher determe to ultimtely is quiry objective The sector. brodcstg television subscription to quiry n conduct would it tht nnounced Authority 2016, June 24 On South services brodcstg television subscription purposes for ECA, 67(4) section with red 4B section terms published beg is Document to Act, Afric. quiry n ICASA Discussion This Introduction SUMMARY EXECUTIVE 1.

7 10 No GOVERNMENT GAZETTE, 25 AUGUST 2017 service. brodcstg subscription -home -to direct stellite provides which Deukom, nd service; brodcstg subscription -home -to direct stellite provides which StrSt, service. -Net M its is which service, brodcstg subscription terrestril (2) nd service; DStv its is which service, brodcstg subscription DTH stellite (1) provides: which MultiChoice, providers: service brodcstg television subscription three re re Afric, South In ). ( ECA nd 1999) ( Act Brodcstg commencement nd 1998) ( Brodcstg on Pper White publiction sce viewers, nd revenues opertors, licensed number terms growth tremendous nd chnges vrious undergone hs generl sector brodcstg The sector brodcstg subscription Africn South The 1.2 tken. be should ny, if steps, furr wht determe to Document Discussion this to responses use will Authority The Afric. South sector brodcstg television subscription context problems competition ny existence on conclusion reched yet not hs Authority The /s. licensee such on imposed be my tht conditions -competitive pro proposg be, needs if nd, power, mrket significnt with licensees identifyg segments, mrket or mrkets defed competition effectiveness determg segments, mrket nd mrkets relevnt defg it ssist will tht formtion furr obt to seeks, lso Authority necessry, extent To Afric. South sector brodcstg television subscription opertion for implies it wht on nd nlysis itil its on views solicit to order Document Discussion this publishg is Authority The

8 STAATSKOERANT, 25 AUGUSTUS 2017 No to process conductg currently is Authority The process. migrtion digitl to pursunt DTT to migrted be will -Net, M like services, nlogue These licensee. brodcstg television -ir -to free commercil only currently is which e.tv nd chnnels, three brodcsts which brodcster public SABC, re providers -ir -to free The stellite. vi bsis DTH on ccessed primrily re services television subscription Afric South In subscriptions. premium with consumers by ccessed generlly re y lthough pplictions mobile through ccessible is content premium or nd services OTT television. mobile growth to deterrent crucil rem costs dt high nd brodbnd to Access tril given ws Consortium TV Mobile TV mobile provision for nd spectrum issued Authority 2010 network. brodbnd or Internet n over distributed re chnnels television where provided, beg currently re tht services brodcstg television subscription IPTV ny wre not is Authority services IPTV for prescribed were regultions no Whilst licence. service brodcstg clss or dividul n require tht services brodcstg s services IPTV regrds technology. DBM Authority on services services VOD technology. -H Multichoice nd services, mobile nd IPTV Pper Position DTT. on provided be will provide, to uthorised is -Net M chnnels centive digitl ny with toger chnnel, subscription -Net M -f, switch nlogue to subsequent nd course due In underwy. yet not is process migrtion digitl tht given Afric South services television subscription providers DTT no re re stge, this At TV mobile provide on DVB to licences on services e.tv to licences to respect With its In dvncement. technologicl nd Internet dvent by impcted beg re generl services Brodcstg 1.2.3

9 12 No GOVERNMENT GAZETTE, 25 AUGUST 2017 products. qulity low nd prices high choice, limited s such outcomes exhibit to likely is mrket competition lck is re Where brnd entry, Contestbility ors. mong costs, switchg customer high nd loylty to brriers high by limited be to ppers mrket concentrted. highly rems mrket tv subscription The content. television delivery for pltforms new vilbility cresg nd bsis; subscription nd ir -to- free both on users to delivered re tht services nd content rnge crese to expected is which process migrtion digitl television on impct to likely re which clude: sector developments brodcstg Forthcomg mrket. this services television subscription on constrt significnt s ct to nd services subscription to lterntive vible fer to likely less is television -ir-to free tht suggest my This countries. benchmrk or thn revenue totl proportion smller for competg ccordgly re chnnels -ir -to Free brodcsters. -ir -to free on impct its to reltion sector brodcstg subscription exme to requests numerous received lso hs Authority The yet. s success limited hd hve licensees television subscription hs Authority lthough dditionl provide to nd sector, se services, brodcstg licences dditionl grnted television growth Despite Authority. by regulted directly not re nd ECA terms licensed not re services demnd on video providers licensees, brodcstg television subscription Unlike ors. nd (DEOD) Demnd on Entertment Digitl Netflix, service), subscription DStv provides lso which MultiChoice, by (provided Showmx clude: These yers. recent Afric South services lunched hve services demnd on video providers Severl services. DTT provide to brodcsters television -ir -to free dditionl license

10 STAATSKOERANT, 25 AUGUSTUS 2017 No Afric. South retil for content -premium non cquisition for mrket (f) nd Afric; South distribution television retil for content premium or cquisition for mrket (e) Afric; South distribution television retil for mtches cricket live premium cquisition for mrket (d) Afric; South distribution television retil for mtches rugby live premium cquisition for mrket (c) Afric; South distribution television retil for mtches soccer live premium cquisition for mrket (b) Afric; South distribution retil for movies premium brodcstg television subscription wdow first- cquisition for mrket () distribution television defe to proposes Authority provision, content for level mrkets: followg wholesle At follows. s is services brodcstg television subscription ch vlue with correspond tht mrkets relevnt defition nd identifiction prelimry Authority's The outcomes. mrket se ddressg when Authority by struck be to blnce delicte requires This dvntge. mover first reforcg s well s content premium price up drivg nd entry to brriers cretg s such mrket chllenges or crete my neverless y stnces, cert necessry be my contrcts exclusive Whilst bsis. exclusive n on content premium to ccess by driven generlly re mrkets tv Subscription Medi subscription ws Afric (Deukom) Digitl On- only South by Ltd (Pty) Deukom by TV Duekom nd 2010 (ODM) TopTV lunch until provider service television remed Multichoice Mnet by lunched service brodcstg television subscription first The television subscription context Competition 1.3

11 14 No GOVERNMENT GAZETTE, 25 AUGUST ß v nl v ni n l 3 OJ 3 l cu 3 fd ' m re N (xd re Ó Ó -I -t re O re Dr 3- (D rt (D Q Ó rçr Ó (D O (D 3 d (D 3 (D tn N lh c O c -v c -o -ci -o -Z S -7 Oy - -O y -o f1 Q fd Ñ 3 nl ñ C rt 3 m, -s rr. vi (D c -1 O' Ill c n Ñ n v 3-1. ö rt I 7 Ö C i tit C shre. mrket g to order consumers subsidisg possibly nd dvertisg to resources lot devote to entrnts new requires This loylty. brnd with coupled costs switchg high fce consumers level retil At level. upstrem t opertions durg nd up strt t both requirements cpitl high form entry to brriers high by chrcterised re mrkets The defed. been hve tht mrkets competition effective possibly is re tht is view itil Authority's vilble, formtion on ssessment prelimry performed Hvg jurisdictions. or nd Afric South sectors or used pproches s well s ECA) 67(4A) section (cludg ECA provisions considered hs Authority mrkets, proposed se competition effectiveness determe to order In South service brodcstg for required services technicl television subscription- supply wholesle for Afric. opertg mrket () followg defe to proposes Authority level, services technicl At mrket: television subscription -tier Afric. South chnnels bsic distribution retil for mrket (b) -television nd Afric; South chnnels subscription premium distribution retil for mrket () mrkets: followg defe to proposes Authority level, retil At o

12 STAATSKOERANT, 25 AUGUSTUS 2017 No mrket fl ny or mrkets ny reched yet not hs defition on views Authority tht note or conclusions to importnt is It Document. Fdgs out set be will fdgs Authority's The filure. mrket remedy to ny, if power, mrket significnt hvg licensees those on imposed be should conditions licence -competitive pro pproprite wher nd competition, effective is re where segments mrket nd mrkets those power mrket significnt hve licensees ny wher segments, mrket nd mrkets relevnt those competition effective is re wher defitions, segment mrket nd mrket relevnt thgs, or mongst to, reltg fdgs vrious mke to Authority enble will stkeholders from receives Authority tht responses The Authority. to representtions orl mke to required is opportunity n wher representtions written ir dicte to nd Afric, South services brodcstg television subscription opertion for implies it wht on nd nlysis itil Authority's on representtions written submit to vited re prties terested All teroperbility. box -top set requirg nd -fer; must wholesle- imposg divestiture; rights nd splittg rights imposg contrcts; term long durtion shorteng clude: remedies Such context. Africn South remedies se ppliction possible on views stkeholders' seeks Document, Discussion this context nd, jurisdictions or pplied been hve tht remedies considered hs Authority The competition. effective is re where segments mrket nd mrkets defed power mrket significnt possess to found been hve tht licensees on conditions licence -competitive pro sufficient nd pproprite impose must Authority quiry, this followg nd ECA, 67(4) section terms In tegrtion. verticl nd fcilities essentil control domnce, nlysis prelimry conducted

13 16 No GOVERNMENT GAZETTE, 25 AUGUST 2017 ICASA 12 jurisdiction.." its with mtter ny on quiries undertke "my - Authority Act, ICASA 4(3)(m) section terms In Act. Brodcstg nd ECA cludg sttutes, underlyg nd Act ICASA by it upon imposed nd conferred duties perform nd powers exercise must Authority tht provides Act ICASA 4(1) Section Authority. functions out sets Act ICASA 4 Section Act. ICASA terms estblished been hs which uthority, regultory dependent n is ICASA pplicble. where regultions underlyg with toger Act, Brodcstg nd ECA Act, ICASA Constitution, out set Authority functions nd purpose with le convened is services brodcstg television subscription competition stte to quiry This ECA. 67(4) section nd Act ICASA 4C section with red Act, ICASA 4B section terms is Document, Discussion this publiction With complete. to stkeholders terested for questionnire publiction with bsis voluntry on grg formtion prelimry with quiry n commenced nd Act, ICASA 4B section terms services brodcstg television subscription competition stte to quiry n conduct to tention its notice given hs ") Authority " or "ICASA" s to (referred Afric South Authority Communictions Independent The conducted is quiry this which with frmework Legl INTRODUCTION course. due regultions mkg volve my which ction, furr requirg issues re re wher decide to nd issues pplicble consider to Document Discussion to responses use will Authority The licensee. ny on imposed be should conditions licence -competitive pro wher or segments, mrket nd mrkets those power mrket significnt hve licensee ny wher segments, mrket or mrkets those competition effective is re wher segments,

14 STAATSKOERANT, 25 AUGUSTUS 2017 No impose nd segments mrket nd mrkets relevnt defg regultions prescribe quiry, n "...followg terms In electronic ECA. nd - must Authority ECA, 67(4) section 10 Chpter under regulted re communictions brodcstg to reltg mtters Competition ECA). 2(g) section terms ( services communictions electronic to nd networks communiction electronic services, brodcstg to ccess -discrimtory non nd fir open, environment n promote (2) nd ECA), 2(f) section terms ( sector ICT with competition promote (1) thgs, or mongst to, purpose tht for nd terest public Afric South communictions electronic regultion for provide to is ECA object primry The Act). Brodcstg 2(h) (section sector competition fir ensure thgs, or mongst tht for nd terest public Afric South policy develop nd estblish to is Act Brodcstg brodcstg to, purpose brodcstg object The ECA. nd Act Brodcstg both clude Act ICASA to referred sttutes underlyg The sttutes." underlyg or Act this terms duties nd functions powers, its performnce nd exercise (e) underlyg or Act this objects chievement () - to regrd with mtter ny to quiry n conduct my Authority "The - Act ICASA 4B(1) section terms In quiries. such conductg Authority by followed be to process nd Authority by conducted be my tht quiries scope out sets Act ICASA 4B section function, this to effect give To (d) (c)... (b) sttutes;

15 18 No GOVERNMENT GAZETTE, 25 AUGUST ECA. 67 section terms duties its out crry my Authority tht so Authority by specified formtion ny Authority to provide to required re licensees Act, ICASA 4D section to subject tht, provides ECA 67(4B) Section competition. hrm could determes Authority tht reltionship verticl hs or fcility, essentil n control hs domnt, is licensee tht if segment or mrket power mrket significnt hs licensee tht provides ECA 67(5) section Furr, segments. mrket or mrkets licensees power mrket reltive ssessment lookg forwrd nd segments, mrket or mrkets services exempt providers or licensees vrious shre mrket reltive ssessment n cludg segments, mrket or mrkets functiong nd chrcter dynmic (2) nd segments, mrket or mrkets pplicble to brriers entry regultory) nd legl (structurl, -trnsitory non (1) thgs, or mong consider, must Authority segments, mrket nd mrkets competition effective is re wher determg when ECA, 67(4A) section terms In segments. mrket nd mrket relevnt behvior -competitive nti vestigtion nd monitorg for provide (6) nd segments; mrket nd mrkets review periodic undertke will Authority which terms schedule out set (5) filure, mrket remedy to power mrket significnt hvg licensees those on conditions licence -competitive pro pproprite impose (4) competition, effective is re where segments mrket nd mrkets those power mrket significnt hve licensees ny, if which, determe (3) segments, mrket nd mrkets relevnt those competition effective is re wher determe (2) segments, mrket or mrkets retil nd wholesle relevnt defe (1) thgs, or mong must, regultions The or mrkets ny if nd conditions segments." mrket such power mrket significnt hs licensee competition, effective is re where licensees on licence -competitive pro sufficient nd pproprite

16 STAATSKOERANT, 25 AUGUSTUS 2017 No (iv) competition, effective is re where segments mrket nd mrkets those power mrket significnt hve ny, if licensees, which to s determtion mkes Authority (iii) segments, mrket or mrkets relevnt those competition effective to s determtion mkes Authority (ii) defed, re segments mrket or mrkets relevnt (i) which ECA, 4 section with red ECA, 67(4) section under regultions fl publish n my Authority ccount, to regultions drft on submissions ll tkg After process. this fully prticipte to opportunity n hve will stkeholders ffected nd terested ll nd ECA, 4(6) to 4(4) sections terms followed be will schedule consulttion public own its with process seprte regultions, drft publish to Document, Fdgs from flowg wrrnted, or necessry be it Should Document. Discussion this conted s nlysis, nd views itil Authority's nd issues, on position nd view Authority's expresses tht Document Fdgs be will consulttions, public period followg Document, Discussion this outcome The power. mrket significnt with licensees on imposed be my tht conditions licence -competitive pro pproprite imposition possible effective is re where power mrket significnt /s mrket defed sector; services segments mrket nd competition; segments mrket nd mrkets with licensees identifiction n segments; mrket or competition effective ssessment n brodcstg television subscription nd mrkets relevnt defitions - followg on ECA, 67(4) section terms regultions mkg Authority result my which fdgs, mkg Authority ssist will tht formtion furr ny obt to nd nlysis, nd views prelimry Authority's on views stkeholders' obt to order stkeholders terested ll with consult to is Document Discussion this purpose bckground, this Agst

17 20 No GOVERNMENT GAZETTE, 25 AUGUST would which Authority), by corrected lter errtum n ws below, discussed s (which, Act" ICASA 4C "section with ccordnce conducted be would stge grg formtion n First, quiry: course durg Authority by followed be to process outled Notice The services. brodcstg television subscription to quiry n commencg ws it competitive, effectively re mrkets tht ensure to mndte nd commitment its to due tht, Notice noted Authority such, As opertions. strted yet not hve respectively, 2007, nd 2015 licences with issued were who licensees service brodcstg subscription remg The process. rescue busess through go to hd nd chllenges sustbility fced licensees One opertions. commenced hve licensees three only 2015, licences service brodcstg subscription two furr nd 2007 licences service brodcstg subscription five issued hvg despite tht noted Authority Notice, In "). "Notice ( Act ICASA 4B section terms services brodcstg television subscription to quiry n conduct to tention its notice givg Gzette Government notice published Authority 2016, July 11 On reserch. desktop nd mrket conductg by nd stkeholders, with enggg through chieved been hs this Much Afric. South services brodcstg television subscription opertion understnd to nlysis out crryg nd evidence collectg been hs Authority sector, brodcstg competition fir ensure to nd sector ICT competition promote to mndte its terms In Process segments. mrket nd mrkets relevnt behvior competitive nti- vestigtion nd monitorg for mde is provision (vi) nd segments, mrket nd mrkets reviews periodic undertke will Authority which terms out set is schedule (v) filure, mrket remedy to power, mrket significnt hvg licensees those on imposed re conditions licence -competitive pro pproprite

18 STAATSKOERANT, 25 AUGUSTUS 2017 No to clrity provide to is Guidele purpose The stkeholders. to communicted been hs tht process is it s pproch, this follow to decided hs Authority but Authority, on bdg not is nd guide only is Guidele tht notes Authority The pproch. Authority's to chnge necessitted not hve section to mendments s process guide to used be still cn Guidele such, s nd, 67 section terms followed be to process or power Authority's view, chnge Authority's mterilly not In Act Amendment Communictions mendment to prior 67 section context published ws Guidele by published ")"Guidele ( for 'Guidele outled process did 67 section to mendments effect to cme which 2014, Electronic by section this under powers Authority's The Mrch 8 on Authority Reviews' with Mrket ccords Conductg pproch This ECA. 67(4) section terms regultions publish my Authority Document, Fdgs outcome on dependg Fourth, Document. Fdgs publish would Authority Document, Discussion on consulttion public followg Third, might public would tht Document grg it tht for Act noted Authority ICASA formtion Discussion The 4B durg hergs. dys. 45 period section terms develop to used gred be formtion public hold lso for comment published be would stge Second, August 12 ws questionnire to responses for dedle submission The website. Authority's on document ")"FAQs( Questions Asked Frequently form responses publish nd questions stkeholder ll to respond would it tht noted Authority The July 22 be to dicted ws dedle This Authority. to questions clrifiction ny send nd questionnire review to dys busess 10 given were Stkeholders necessry. where stkeholders, relevnt with enggements -one -on one nd questionnire consist

19 22 No GOVERNMENT GAZETTE, 25 AUGUST 2017 Questionnire. to respond to ble lso were groups identified ny with fllg not prties terested Similrly, mtter. subject regrdg comments ny submit to nd ", "group relevnt ir with fllg not mtter or ny to respond to dvised were stkeholders However, respondg. ese for purely providers, service OTT nd ssocitions brodcstg brodcsters, television -ir to - free brodcsters, television subscription opertors, chnnel holders, rights content s such stkeholders different t trgeted sections vrious to divided ws Questionnire The July 13 on website its on Authority by published lso ws Questionnire completg for guidele A providers. ")"OTT ( -top- over nd stremg demnd, -on- video from s well s brodcsters, television community nd -ir,-to free subscription, from formtion solicited Questionnire The "). "Questionnire ( website Authority's on published duly ws questionnire process, this with le nd 2016, July 13 On required). (if implementtion for regultions fl relese n nd regultions, drft on hergs public conduct ECA, 67(4) section under regultions drft with ccompnied document fdgs relese pper, discussion on hergs public conduct remedies, relevnt nd power mrket significnt declrtion competition, effectiveness defition, mrket on pper discussion relese n will Authority The decisions. -bsed evidence -dte to up- mke nd formtion mrket gr to licensees with meetgs one -on- one nd questionnires use my Authority tht notes Guidele regrd, this In licensees. to formtion for request relese nd mrket, specific to quiry n conduct to tention Authority's licensees form will Authority Guidele, terms In Authority. by requested be my which formtion, types nd formtion, grg when Authority powers relevnt process, consulttion public cludg reviewsi, mrket conduct regrdg licensees nd stkeholders F+ OQ

20 STAATSKOERANT, 25 AUGUSTUS 2017 No deleted. ws Notice prgrph Act ICASA 4C section to reference The ny." if competition, troduction for environment enblg n crete nd impediments, regultory ddress cn it tht so licensees se by fced chllenges understnd to Authority for importnt is subscribers. new number fir ttrct /or nd services ir lunch successfully to ble beg not licensees service brodcstg subscription new to contributed hve tht fctors estblish to is quiry this purpose The sustble. nd competitive open, re mrkets service brodcstg nd communictions ll tht ensure to responsibility hs Authority "The It follows: s quiry, purpose on expnd nd clrify to s so substituted ws Notice 1.3 Prgrph Notice Errtum terms In services. brodcstg television subscription to quiry conductg Authority by dopted be to process clrify to nd stkeholders) by submitted submissions clrifiction vrious light ( Notice content mend to ws Notice Errtum purpose The "). Notice "Errtum ( Gzette Government quiry, for process clrified lso which notice, errtum n published duly Authority submissions, clrifiction se to response nd 2016, September 7 On Ltd (Pty) Afric 22 on responses to Free Siyy "), clrifiction were which. "). South "e.tv ( submitted "Vodcom ( Limited MultiChoice (which Limited cluded This July questions clrifiction Proprietry 2016), ("Siyy") (Pty) 27 by rised July e.tv 27 nd on Limited "),"MultiChoice ( nd 2016 July Proprietry Air Vodcom from submissions Authority to submitted stkeholders number A July tht Notice). dicted s 2016 July 22 not (nd ws Questionnire on queries for dedle submission notg relese medi published Authority 2016, July 25 On 2.2.7

21 24 No GOVERNMENT GAZETTE, 25 AUGUST 2017 ICASA 20 "determe to is providers service OTT cludg for rtionle tht noted Authority Questionnire, scope providers service OTT clusion regrdg queries to response In Document. Fdgs through determed flly only nd relevnt), re segments mrket nd mrkets which determe would collected formtion (s process nlysis nd grg dt follow would process defition mrket tht noted Authority defition, mrket formulted yet hvg not Authority regrdg concerns to response In Document ". timefrmes Discussion "legislted with ccordnce to responses forml tht noted be would Authority The Questionnire). to respond to which with period time dy 45 fforded effect, were, stkeholders (lthough Document Discussion development precedg process grg dt prt form to tended ws Questionnire s Questionnire to responses for period shorter stkeholders given hd it tht FAQs fl noted Authority Questionnire, for consulttion period regrdg rised concerns to response In follows s is FAQs overview An website. its on Notice, Errtum formed which document FAQs fl published nd Questionnire), E Section 2.2 question clrifyg (by Questionnire to mendment n issued lso Authority 2016, September 7 On dte. specific for scheduled quiry n t ficer presidg by determed be to process to refers Act ICASA 4C(1) section outled process tht furr notg Notice), dicted been hd (s process" Act ICASA 4C(1) section "not ws Inquiry for out set s process tht noted Authority The Notice). publiction dte from Questionnire to responses submit to persons terested for dys 45 lest t period for llowed effectively (which 2016 September 15 to extended ws Questionnire to responses for dedle submission The

22 STAATSKOERANT, 25 AUGUSTUS 2017 No n were to order Authority vittion Letters formtion. nd clrity furr obt stkeholders some with meetgs up set to need identified questionnire to responses nlysg After ") "SACF ( Forum Communictions Africn South The ") "NAB ( Brodcsters Assocition Ntionl The ") "Telkom ( Limited SOC SA Telkom Multichoice TV e.tv Siyy (SABC) Limited SOC Corportion Brodcstg Africn South The dte: closg by Questionnire to responses submitted stkeholders followg The thgs. or mong Document, Discussion this purposes m one is defitions, segment mrket nd mrket relevnt nlysis prelimry Authority's on views stkeholders' seek to nd segment, mrket nd mrket relevnt defe to strtg process The mrket. product relevnt defed men to construed be not should Questionnire mrket' -tv'py term use tht clrify to like would Authority such, As used. been hve would mrket' product 'relevnt term cse which sense, policy competition nrrow its not nd services, television subscription to refer to sense, generl brod its used ws Questionnire mrket' -tv'py term tht notes Authority doubt, voidnce For reserch. dustry nd meetgs -one -on one cludg methods or with exercise, grg formtion Authority's ception mrks Questionnire tht noted Authority issued, be would questionnires furr wher or process, proposed prt grg formtion nd dt substntil only be would Questionnire wher to s queries to response In ". cpbility limited ir despite services se impct view dustry's

23 26 No GOVERNMENT GAZETTE, 25 AUGUST Document. Fdgs out set be will fdgs Authority's The filure. mrket remedy to ny, if power, mrket significnt hvg licensees those on imposed be should conditions licence competitive - pro pproprite wher nd competition, effective is re where segments mrket nd mrkets those power mrket significnt hve licensees ny wher segments, mrket nd mrkets relevnt those competition effective is re wher defitions, segment mrket nd mrket relevnt thgs, or mongst to, reltg fdgs vrious mke to Authority enble will stkeholders from receives Authority tht responses The Afric. South services brodcstg television subscription opertion for implictions on nd nlysis, itil this on views stkeholders' seeks Document Discussion The Afric. South services brodcstg television subscription respect issues relevnt to discussion contextul nd explntory n provides lso It imposed. be my tht conditions licence competitive pro- pproprite possible nd power, mrket significnt with licensees determtion mrkets, relevnt competition effectiveness segments, mrket nd mrkets defitions respect cludg Afric, South services brodcstg television subscription views nd nlysis understndg, prelimry Authority's out sets Document Discussion The Document. Discussion this out set s nlysis, nd views prelimry its developg reserch, desktop nd mrket own Authority's nd stkeholders, cert with held meetgs -one on - one voluntry durg obted formtion Questionnire, to responses stkeholders' ech considered duly Authority The e.tv. nd Telkom SABC, with conducted were meetgs -one -on One document. discussion this frmg ssist to consequently nd questionnire to responses supplement to used ws meetgs se through received formtion The meetgs. -one-on one fcilitte to questions list with stkeholders relevnt to sent

24 STAATSKOERANT, 25 AUGUSTUS 2017 No tht determes Authority Where determtion. its to reltion concerned person to resons provide nd formtion receivg dys 14 with grnted be will confidentility not or wher to s determtion mke to required n is Authority The confidentil. s treted be should formtion specific why explg sttement written by ccompnied be should confidentility for request The formtion. confidentil s treted be formtion tht request my person tht Authority, to formtion submits person when tht, provides Act ICASA 4D section regrd, this In Questionnire. to responses respective ir conted formtion cert respect Siyy, nd SACF e.tv, Multichoice, nmely stkeholders, four from confidentility for requests received Authority The Act. ICASA 4D section terms to response submissions stkeholders' requests confidentility for provided Notice Questionnire, respect 1.5 Prgrph suoneln6j go 6ul>lew ip nionul Aew ylynn 'uolpe yp.n4 6ulb.i snssl m 1to JLpynn plp oi pue snssl lgelldde y} Jpisuoo 04 Ìuwno uoiissnosr tg 01 ssuodsi tll sn IIIM Allotnn`d tll suoll Aue uo psodwl g wogs suoppuo ull npndwoo-od tliynn JO 's4uw6s 43{iew pue s4npew soyp u! _tmed 4n.iew lueol;lu6ls ney sull Aue Jtptlnn 's4uw6s 4niew JO s4nlew soyp ul uonqdwoo nlpi} sl.ttp ypynn 's4uw6s 4npew.o sinew Aue go uomulgp t{4 uo snnln JO suolsnluo leur Aue pye.i iit iou sey Aipoyy yl 6T'Z'Z nssl uenl.i tll 6ulsssse Apdwd ul 1! islsse 01 quwno uolssnosl tp 01 ssuodsi go.igwnu pse.ioul ue nl.i o4 sdoq Awoypny DLL!..iuuew 4uJmp A144611s e ul pnse JO 'guwno uolssnsl slyi ul p4ed.i q Aew meuuopsnb yl ul psod suolsnb lp go wos 4e14 4ou seld 8T'Z'Z

25 28 No GOVERNMENT GAZETTE, 25 AUGUST 2017 domnce, buse nd prctices restrictive concerng complts s well s cquisitions nd mergers with del will Commission tht provides Agreement Memorndum exmple, For "). Agreement "Memorndum ( m between terction regultg nd jurisdiction res respective ir defg 2002, September 16 from effective greement, memorndum signed lso ICASA nd Commission The Act. ICASA nd ECA "), Act "Competition ( Act Competition sections specific through mnged re Commission nd Authority between responsibilities overlp Ares for buses responsible competition prctices, ive is regultes nd ") mergers. nd exemptions position, domnt restrict evlutg nd controllg vestigtg, generl economy Africn South "Commission ( Commission Competition The thgs. or mong spectrum, frequency rdio mngg nd sector complts vestigtg jurisdiction, is i with mtters on enquiries undertkg regultions, implementg nd developg conditions, licence with complince monitorg licences, issug cludes role Authority's The terest. public Afric South sectors service postl nd brodcstg communictions, electronic regultion for responsible is Authority The jurisdiction Concurrent 2.4 expressed. been hs nlysis its from ged sight but Document, Discussion from excluded ws dt relevnt Authority, view itil n formulte to used ws formtion confidentil such Where decision. its request such mde hd who stkeholder ech notified nd requirements se with le Questionnire to responses submission with mde were tht confidentility for requests ll considered Authority The it. withdrw to opportunity n given be must formtion submitted who person to, cceded be cnnot confidentility for request

26 STAATSKOERANT, 25 AUGUSTUS 2017 No duties nd powers its - ny must Authority section, this terms performnce nd exercise Before "(8) - tht providg by jurisdiction concurrent on clrity furr provides Act ICASA 4B Section Commission.) Competition proceedgs relevnt on dvice or ssistnce Authority, from receive nd for sk my Commission Competition ECA, 67(12) section terms (Similrly, 10. Chpter under proceedgs cludg Authority, proceedgs relevnt on dvice or ssistnce Commission, Competition from receive nd for sk my Authority tht provides ECA 67(11) section Furr, dustry. communictions electronic mtters competition to pplies Act Competition ECA, provisions to subject tht, provides ECA 67(9) Section segments. mrket nd mrket relevnt behvior -competitive nti vestigtion nd monitorg for provide (6) nd segments; mrket nd mrkets review periodic undertke will Authority which terms schedule out set (5) filure, mrket remedy to power mrket significnt hvg licensees those on conditions licence competitive propproprite impose (4) competition, effective is re where segments mrket nd mrkets those power mrket significnt hve licensees ny, if which, determe (3) segments, mrket nd mrkets relevnt those competition effective is re wher determe (2) segments, mrket or mrkets retil nd wholesle relevnt defe (1) thgs, or mong must, regultions The segments. mrket or mrkets such power mrket significnt hs licensee ny if nd competition, effective is re where licensees on conditions licence competitive - pro sufficient nd pproprite impose nd segments mrket nd mrkets relevnt defg regultions prescribe quiry, n followg must, Authority ECA, 67(4) section terms In ECA. 10 Chpter under regulted re mtters competition bove, discussed As legisltion. communictions nd conditions licence electronic contrventions services brodcstg with del nd services will ICASA while

27 30 No GOVERNMENT GAZETTE, 25 AUGUST 2017 electronic mtters protection consumer exercise coordte to (NCC) Commission with Agreement2 Memorndum signed jurisdiction Consumer Ntionl lso Authority The stitutions. two between Agreement Memorndum spirit quiry this course durg necessry when nd s Commission with consult will Authority The bsis. nte ex n on mrkets relevnt ny, if competition, effective nd fir to impediments with delg nd ssessg t imed process, is but prticipnt mrket ny by dog wrong ny llege not does quiry this Moreover, Commission. by undertken beg conduct specific to vestigtion from process distct is quiry this tht notes Authority The sector. brodcstg television subscription domnce buse llegtions to Commission by vestigtion gog on- wre is nd sections bove considered hs Authority The on stitution." or uthority or tht by with delt beg is nd ttention to brought been lredy hs mtter where ction ny tke not my Authority question, stitution or uthority or nd Authority by to greed orwise unless or greement jurisdiction concurrent conditions nd terms to Subject (9) Act. Competition terms sector or dustry ny with mergers review to nd sector or dustry ny with prctices prohibited lleged commissions current or pst vestigte nd detect to uthority primry hs Commission Competition tht md ber Commission, Competition nd Authority between concluded greement jurisdiction concurrent ny conditions nd terms nd Act Communictions Electronic 67 section to subject (b) or stitution; or uthority such to quiry n refer to pproprite be would it stitution, or uthority or ny nd Authority between concluded greement jurisdiction concurrent ny terms not, or wher consider ()

28 STAATSKOERANT, 25 AUGUSTUS 2017 No regultory chllenges ddress understnd cn it tht so licensees se to Authority for importnt is It by fced 1.4 subscribers. new number fir ttrct /or nd services ir lunch successfully to ble beg not licensees service brodcstg subscription new to contributed hve tht fctors estblish to is quiry this purpose The sustble. nd competitive open, re mrkets service brodcstg nd communictions ll tht ensure to responsibility hs Authority The 1.3 services. lunched yet not hve ors while chllenges sustbility fced licensees se (1) one tht noted lso hs Authority The opertions. commenced hve licensees (3) three mrket, services brodcstg television subscription 2015 licences (2) two furr nd 2007 licences (5) five issued hvg despite tht noted hs Authority The "1.2 follows: s stge, -grg formtion itil Authority's purposes for services brodcstg television subscription to quiry purpose outle prelimry out set Authority Notice) Errtum with red (s Notice In services, brodcstg ECA. television purposes subscription competition promote my it how understndg conductg tht believes furr Authority The result my tht sector this fetures to reson hs it becuse services brodcstg to quiry n conductg is Authority furrnce context ssist will quiry this competition. effective re re tht believe television previously, subscription stted As Overview INQUIRY THE OF PURPOSE AND SCOPE THE 3. quiry. course durg necessry when nd s NCC with consult lso will Authority The sectors. brodcstg nd communictions

29 32 No GOVERNMENT GAZETTE, 25 AUGUST comprise tht mrkets dynmics evlutg by vrious between understood properly reltionship only nd with cn mtters ssocited nd competition dynmics nd nture tht implies This mrket. nor competition ffect will mrket one competition services, brodcstg television subscription ch vlue comprise tht mrkets vrious spects terrelted to Due services. brodcstg television community nd services brodcstg television public from nd services, brodcstg television -ir -to free s such services, brodcstg television commercil or from distguishble re services brodcstg television Subscription ECA). 1 section defed (s fee pyment upon subscriber to provided service brodcstg to refers services" brodcstg television "subscription Document, Discussion this In mrkets. terrelted number encompsses which sector, brodcstg television subscription exme will quiry This be quiry purpose nd Scope revised quiry, prelimry out nd set scope Document Discussion nd this exercise quiry, detils undertken, hs grg quiry. furr formtion for timeles expected purpose on expnded out set hs Authority Authority tht nlysis from Followg Authority. to provide to required re tht formtion wht ssess to prticulr, nd, process to mengfully contribute to stkeholders terested enble to s so provided be must formtion sufficient tht pprecites Authority quiry, purpose regrdg Authority by given be to required detil specify not does Act ICASA 4B(2) section While quiry. purpose dicte must quiry n conduct to tention Authority's notice Act, ICASA 4B(2) section terms tht, notes Authority The ny." if competition, troduction for environment enblg n crete nd impediments,

30 STAATSKOERANT, 25 AUGUSTUS 2017 No filure, mrket evidence ny cludg competition, effective restrict or distort prevent, tht fctors ll identify to ims quiry nlysis, this Through ny). (if ply t dynmics competitive identify will nd subscribers, new ttrct to /or nd services ir lunch successfully to ble beg not licensees service brodcstg television subscription new to contributed hve my tht fctors nd chllenges evlute will services brodcstg television subscription to quiry The mrkets. identified concerns competition ny re re wher to s conclusions ny reched yet not hs Authority document, this previously noted s However, compete. to brodcsters or bility cludg sector, brodcstg competition on generlly more impct which or subscribers new number fir ttrct /or nd services ir lunch successfully to ble beg not licensees service brodcstg television subscription new to contributed hve which sector brodcstg television subscription concerns competition ny re re wher to quiry n for need identified ccordgly hs Authority The services. lunched yet not hve ors while chllenges sustbility fced hve licensees se two tht noted lso hs Authority The opertions. commenced hve licensees services brodcstg television subscription three only 2015, licences services brodcstg television subscription two furr nd 2007 licences services brodcstg television subscription five issued hvg despite tht noted hs Authority tht nmely previously, Authority by out set been hs services brodcstg television subscription to quiry for rtionle The vilble. becomes formtion more s quiry course durg refed be will tht nlysis prelimry s viewed be must Document Discussion this "mrket", term use nd mrkets, se identifiction prelimry Authority's The level. services technicl nd level, downstrem level, wholesle level, upstrem t cludg services, brodcstg television subscription ch vlue with mrkets rnge considertion requires thus objectives quiry's chievement The Afric. South services brodcstg television subscription ch vlue

31 34 No GOVERNMENT GAZETTE, 25 AUGUST 2017 to ECA prticulr those 67(4A) section competition considertion); (tkg segments mrket or mrkets effective is re wher Determe brodcstg terctions nd reltionships contrctul relevnt exmg cludg services, brodcstg television subscription segments mrket or mrkets vrious between terreltionship nlysis n conduct (nd segments mrket or mrkets prticulr Defe to: Authority enble furr will this ECA, 67(4) section purposes For services. brodcstg television subscription context terventions possible vestigte (4) nd brodcstg; television subscription context competition stte ssess (3) licensees; service brodcstg television subscription new by fced ny) (if impediments regultory ssess (2) subscribers; new number fir ttrct nd services ir lunch successfully to ble beg not licensees service brodcstg television subscription new to contributed hve tht chllenges understnd nd fctors estblish (1) to is quiry purpose bckground, this Agst sector. ICT competition promotg for nd services, brodcstg competition fir ensurg for responsible is Authority below, 4 section discussed As /or television subscription with prticipnts services); between quiry. durg review to subject re nd only views prelimry re Document Discussion this conted sttements ll tht note Plese Afric. South services brodcstg television subscription respect observtions itil Authority's overview n cont Document Discussion this sections vrious The Afric. South services brodcstg television subscription respect competition promote nd impediments regultory ny ddress to serve tht recommendtions -bsed evidence mke cn Authority which upon bsis fctul provide will This concerns. competition or filure regultory

32 STAATSKOERANT, 25 AUGUSTUS 2017 No will sttements ll reched; been hve conclusions ny tht imply wy no Document, Discussion posed questions nd Document, Discussion sttements prelimry The context. this with understood be should Document Discussion this conted questions nd stge, this t it to vilble formtion bsis on cn it best s quiry scope current deleted hs Authority The nd youth women, children, needs disbled. progrmmg for specificlly nd services rnge brod for cter nd significnce; locl nd regionl ntionl, terntionl, mtters on progrmmes nd terest, public issues politicl on progrmmes progrmmes, ctulity news, s such progrmmg terest public provide nd promote collectively viewed services, brodcstg tht ensure public; needs to responsive re which services brodcstg community nd commercil public, development promote qulity price, services; communictions electronic vriety nd to regrd with consumers terests promote prices; resonble t services communictions electronic qulity vriety provision ensure sector; ICT with competition promotg clude: objectives regultory se context present In ECA. 2 section objectives regultory to lso regrd (hve must Authority issues, competition exme to 67(4) section terms functions its performg In ny. if filure, mrket hvg licensees those on -competitive pro wher to remedy imposed s be position to power should develop mrket significnt conditions nd licence Consider nd considertion); to ECA 67(5) section (tkg segments mrket or mrkets prticulr those power mrket significnt hve licensees ny wher Assess

33 36 No GOVERNMENT GAZETTE, 25 AUGUST 2017 (CASA 32 respect regime regultory spects vrious to regrd with quiry policy -rngg wide conducted predecessor) Authority's ( ") "IBA ( Authority Brodcstg Independent 1995, In ". society Africn South representg brodly views diversity nd firness ensure to nd terest public brodcstg regulte to uthority brodcstg dependent n estblish must legisltion "Ntionl tht provides 1996 Afric, South Republic Constitution 192 Section overview frmework regultory nd legisltive Policy, overview; frmework regultory developments. nd nd overview; Mrket legisltive Future Policy, followg: ddresses section This sector. services brodcstg television structure nd dynmics sector services brodcstg television overview n by followed is This services. brodcstg television subscription respect s well s generl, sector services brodcstg television governg frmework regultory nd legisltive policy, covers section This services. brodcstg television subscription on discussion contextulize to order Afric, South sector brodcstg television broder overview n provides Authority section, this In Overview

34 STAATSKOERANT, 25 AUGUSTUS 2017 No disbled; nd youth women, children, respect needs progrmmg for specificlly nd services rnge wide provide nd formtion nd views news, plurlity ensure groups; disdvntged historiclly from persons by prticiption through services brodcstg control nd ownership encourge nd socil politicl, culturl, Afric; strengn South nd fbric economic enrich sfegurd, society; fibre morl nd spiritul strengng nd eduction provision buildg, ntion equlity, gender society, development democrcy, to contribute thgs: or mong to, order terest public Afric South policy brodcstg develop nd estblish to is 2, section out set s Act, Brodcstg object The June 30 on effect to cme Act Brodcstg The entry. to obstcles remove nd footg equl n on competition promote should conditions licensg tht nd opertions television nd rdio privte res ll llowed be should competition stted Pper White The brodcstg. on policy government ficil s dopted ws Brodcstg on Pper White 1998, In tht brodcstg. for frmework policy formultion for process consulttive prt first s published ws Pper Green Policy Brodcstg Report, Inquiry Triple Followg time. t regulted were Afric South services brodcstg which terms Act IBA context prepred ws Report Inquiry Triple The television. nd rdio for rules content Africn South (3) nd terests, public nd brodcstg ownership cross prohibitg rules medi - cross (2) brodcster, public vibility nd role (1) thgs, or mong on, focused Report Inquiry Triple The Report. Inquiry Triple s known become colloquilly hs tht document policy drfted IBA quiry, Followg sector. services brodcstg

35 38 No GOVERNMENT GAZETTE, 25 AUGUST CASA p Pper. Position Services Brodcstg Subscription A Act. Brodcstg provisions cert nd Act IBA replced nd repeled ECA The force. to cme ECA 2006, July 19 On lw. competition generl wy by with delt be my rise tht issues competition tht notg /tierg, pckgg progrmme or events) sportg ntionl thn (or progrmmg cquisition exclusive regulte to not decided hd it tht Pper Position Services Brodcstg Subscription stted Authority bckground, this Agst desirble. nd efficient both refore, re, dustry brodcstg rrngements exclusive forms some tht nd subscribers ret nd ttrct will services se which on bsis primry is exclusivity services, brodcstg subscription for tht furr noted Authority The services.4 se provision to fundmentl is bsis exclusive n on content cquire to services brodcstg subscription bility tht noted Authority Pper, Position Services Brodcstg Subscription In June 1 on Afric, South brodcstg subscription respect frmework regultory nd policy out set which ") Pper Position Services Brodcstg "Subscription ( Services Brodcstg Subscription on Pper Position its published subsequently Authority The June 14 by Document Discussion Services Brodcstg Subscription rised questions nd issues to respond to public nd stkeholders prties, terested vited Authority The Afric. South brodcstg subscription for frmework regultory troduction on stkeholders ll from comment generte to ws Document Discussion Services Brodcstg Subscription purpose The "). Document Discussion Services Brodcstg "Subscription( Brodcstg Subscription to Inquiry on Document Discussion published Authority 2004, April 23 On community nd nd services. brodcstg commercil public, system tier three for provide sector; brodcstg competition fir ensure sector; brodcstg vestment encourge

36 STAATSKOERANT, 25 AUGUSTUS 2017 No Ltd), (Pty) Medi 5 e- Ltd, (Pty) Medi five followg subscription licensg nd Authority Services stellite this provide commercil ECA, commencement to prior nd Pper Position Brodcstg Super Followg Digitl On to 2007, to Ltd. (now (Pty) Ltd Ltd, licences services. respect Subscription November brodcstg subscription cble process licensg commenced publiction Followg bove. combtion ny by or fees, membership or dvertisg or sponsorships grnts, dontions, by funded be my (4) nd service, brodcstg such course brodcst be to progrmmes provision nd selection prticipte to community, such terests promotg or with ssocited persons or it by served community members encourges (3) community, prticulr serves (2) purposes, prit - non for on crried nd entity -prit non by controlled fully is (1) which service brodcstg men to ECA defed is service brodcstg community A services. brodcstg public re "SABC")( Limited SOC Corportion Brodcstg Africn South by operted services brodcstg ECA, terms In ". service brodcstg public ny excludes but entity prit prt s or prit for opertg service brodcstg " s defed is brodcstg commercil ECA, purposes For community. nd commercil public, services: brodcstg ctegories brod three for provides ECA Act, IBA to mnner similr In Television Wter on (Pty) (Pty) issued Medi Afric Telkom MultiChoice services, Authority Ltd, brodcstg process, Wlkg (Pty) nd SAT licensees: to to n (1) Afric South to is 9 services. communictions electronic nd networks communiction electronic services, brodcstg ccess -discrimtory non nd fir open, environment promote (2) nd sector, ICT with competition promote thgs, or mongst to, purpose tht for nd terest public 2, section Chpter communictions electronic regultion for provide stted s ECA, object primry The ECA. encted re- were Act IBA provisions Mny

37 40 No GOVERNMENT GAZETTE, 25 AUGUST 2017 Brodcstg Sponsorship Progrmme & Migrtion Digitl for Conduct Code Infomercil Advertisg, brodcstg report, its this published respect followgs: regultes nd to extends sector over mndte regultory its tht noted Authority In ". Afric South sector ICT stte on "Report Authority bove, prgrph rised issues conclusions ny rechg without nd 2016, Mrch 15 On s " sight. relief no with costs escltg by confronted re contrcts Multichoice locked Consumers process. migrtion digitl durg services TV community nd commercil new troduce to plns Authority's bout brodcsters TV cumbent by rised been lso hve Concerns revenue. dspend to ccess to regrd with TV -ir-to free nd TV subscription between competition unfir mde been hve llegtions mrket, television commercil -ir -to free In rescue... busess enterg its resultg mrket, [television] subscription entry mrket ttemptg Ltd] (Pty) Medi Digitl On [i.e. TopTV by fced chllenges by clouded re environment television subscription competition troduce to ttempts side, brodcstg "On follows: s noted Authority prticulr, In sector. ICT competition stte to quiry level high hold to tention its notice gve Authority 2014, Mrch 20 On Mdset Network Brodcstg -T Close licensees: issued provisionlly Authority process, Februry 2 n terms TV, Kgiso on Gzette Ltd, licences (Pty) TV. Mobile Government service nd Ltd, TV Air To Free brodcstg (Pty) Siyy followg to licences licensg this Followg published pply to vittion subscription Enterprises (Pty) Holdgs commercil dividul respect process licensg furr itited Authority The Ltd, Medi

38 STAATSKOERANT, 25 AUGUSTUS 2017 No Afric. South generl content premium or sport premium for regultions no currently re There federtions. boxg terntionl s well s soccer nd cricket rugby, for competitions cup nd Gmes, Afric All- Gmes, Commonwelth Prlympics, Olympics, s such competitions mjor clude nd Regultions Services Brodcstg Sport 5 section listed re events sportg Ntionl fee. -licencg sub pyment on delyed or live delyed live, event brodcst my which brodcsters, -ir -to free form to required is event sportg ntionl to rights cquired hs which brodcster subscription 20108, Regultions, Services Brodcstg Sport Under sport. populrity to refers sport premium while terest public nd chrcter ntionl event n to refers events" sportg "Ntionl sport. premium nd events sportg ntionl between distguishes ICASA7 delyed. be might coverge lthough events, sportg ccess cn brodcsters -ir-to free Thus terest. public -ir-to service free identified hder or brodcstg s events, prevent subscription tht sportg rights prohibits ntionl exclusive ECA brodcstg cquirg from 60(1) Section Pln Licensees Contributions Advertisement Politicl Defition Ares -Serviced Under Frequency Brodcstg Terrestril (IPTV) Brodcstg Subscription Rights Brodcstg Sport Sttions Help Self Brodcsts, Annul Control & Prescribed Election Prty Crry Must Ownership Content Locl Television Protocol Internet

39 42 No GOVERNMENT GAZETTE, 25 AUGUST ry Jn Notice Gener 28452, No Gzette Government thn sets television more own now Africns South tht meng 2011, households 74.5% to k from cresed ownership television whilst % to % from decresed rdios owng households Africn South proportion Census, 2011 to Accordg whole. s brodcsters by erned revenues (2) nd services brodcstg television to ccess hve tht people number (1) by mesured s grow to contues sector services brodcstg television Africn South The udiences. entertg nd formg eductg, role importnt n plys brodcstg elevision overview ket it. prticiptg to view with process this trck keep will Authority The stkeholders. relevnt with consulttion fter comments, public for gzetted be to pprovl for Cbet to submitted be will Afric South for Content Digitl nd -Visul Audio on Pper White drft tht dicted 2017 speech vote budget 2017/18 her Communictions Mister The brodcstg television subscription competition with delg regultions no currently re There segments. mrket or mrkets such power mrket significnt hs licensee ny if nd competition, effective is re where licensees on conditions licence -competitive pro sufficient nd pproprite impose nd segments mrket nd mrkets relevnt defg regultions prescribe quiry, n followg must, Authority ECA, 67(4) section terms In ECA. 10 Chpter under regulted re sector brodcstg with mtters Competition re. combtion or sponsorship or dvertisg not is brodcsters subscription for come source lrgest tht ensurg nd uthoristion chnnel for conditions nd procedures fees, nd chrges licence to respect with television subscription regultion for provide Regultions9 Services Brodcstg Subscription The My services

40 STAATSKOERANT, 25 AUGUSTUS 2017 No outlook: medi nd entertment Africn South PWC. 14 Mrch Afric. South sector ICI stte on Report ICASA outlook: medi nd entertment Africn South PWC. 12 t ble Avoi Survey. Househod Generl 2015 Afric. South 11Sttistics t vilble 2011, Census Afric. South 10Sttistics o revenue or Any 530,00 R735 0,002% 1,852% 18,768% R5 Advertisg 207,0 363 R531 Licence fees R ,00,204% Promotions 000,00 R216 0,008% 0,007% 000, R1 Infromercils grnt Government 068, R59 0,2084% Sponsorships Dontions 250, R2 0, Sep Sep Revenues Brodcstg TV SEPTEMBER 30 ENDED PERIOD THE FOR REVENUES BROADCASTING 2015 TV 1. FIG September 30 to up period -month 12 for strems revenue sector brodcstg brekdown provides below 1 Figure billion R15 rech to expected is nd 2012 billion R11.3 to billion R6.2 from grew lone revenue Advertisg September end t s billion R28 over from billion R35 rech to expected is strems or nd dvertisg totl fees, licence subscriptions, television from revenue terms mesured dustry television Africn South size The television". to ccess hve 80% which Afric, South households million 16 over just were re 2016, In rdios10. 39

41 44 No GOVERNMENT GAZETTE, 25 AUGUST 2017 homes16. brodcstg television subscription shre 98% hs Multichoice below. 2 Figure shown s 2018 million 7 bout to grow to expected is figure 20I.615.This service brodcstg television subscription to subscribed households million 6.39 Approximtely penetrtion. television 80% bout hs Afric South trnsmission. terrestril nlogue through ccessed is service, subscription one nd -ir,-to free while DSAT through ccessed primrily re services brodcstg television Subscription brodcstg. (DTT) trnsmission terrestril digitl to trnsitiong process is country The network. terrestril nlogue nd (DSAT) stellite digitl (IPTV), television Protocol Internet vi cludg pltforms vrious on services television ccess cn Africns South G. O -h á Ñ N O Ñ N W N m V ó ó ó S S ó ó ó ó ó ó ó ó ó g ó

42 STAATSKOERANT, 25 AUGUSTUS 2017 No to Act ws lnguges. locl rnge content cludg services, brodcstg public provide required is SABC The 1976). 73 Act Brodcstg terms 1976 founded brodcster stte old from conversion (through Brodcstg terms brodcster public s estblished (SABC) Limited SOC Corportion Brodcstg Africn South The brodcstg television Public 4.4 next. discussed re These services. brodcstg community nd commercil public, consistg system -tier three to orgnised is Afric South sector services brodcstg The n Outlook Medi PWC Source: o shre. mrket to g pltform might pltforms or domnt rem lthough future, foreseeble to expected re services brodcstg television subscription it stellite below, 3 Figure picture optimistic despite nd DTT, surroundg chllenges Given below. 3 Figure depicted s mrket, brodcstg television subscription shre 99.1% with pltform domnt rems stellite services,

43 46 No GOVERNMENT GAZETTE, 25 AUGUST 2017 n Digitl, Pltco television -ir-to 2013, In Afric. South licence service brodcstg free commercil first with issued ws etv 1998, In without received beg cpble s ECA 1 section defed is fees. subscription pyment nd brodcst is which service brodcstg -ir service, -to free A brodcstg television -ir -to Free 4.7 services. brodcstg subscription nd -ir -to free to divided re services brodcstg television Commercil brodcstg television Commercil 4.6 yers. comg furr grow to expected is this nd Network, Brodcstg Trity nd TV Tshwne TV, 1KZN TV, Cpe TV, Soweto nmely licensees, brodcstg television community five currently re There TV Town Cpe by followed 2007, TV Soweto to issued ws licence television community first sce yers, over grown hs sector brodcstg television community The ctivities. progrmmg community members prticiption ctive with purposes, -prit non for undertken be to required is brodcstg Community terest. common scertble specific, hvg public sector or persons group on bsed or geogrphiclly bsed wher communities, specific for cter to ment is brodcstg Community brodcstg television Community television. qulity viewg good ccess to television terrestril on rely to hve not do subscribers television subscription result, As television. subscription on vilble re chnnels television -ir-to free which terms which regultions crry" "must- to due time over viewers losg been hve generl brodcsters television free-to-ir e.tv to Accordg

44 STAATSKOERANT, 25 AUGUSTUS 2017 No Act. IBA enctment lo prior opertg commenced it s Act IBA terms In exemption n grnted ws publictions medi prt vrious In terests /hd] [hs which Nspers. by owned is which Multichoice. Act. IBA under prevciously imposed were restrictions Similr newsppers. publiction plyer mjor be nd service television own to compny some llow not does ECA 66 Section 19 some bsed re figures These - discontued been hve my which ICASA. by uthorised chnnels on below 18 referenced s or?) lcso? to submitted reports (complince figures ICASA to bouquet premium sgle progrmmg spectrum full fered time, t tht, service pltform stellite DStv lunched Multichoice 1995 In with. wy done lter ws wdow open reson this For -Net. M did s viewers -ir -to free ccess to ble be not would y terrestril nlogue thn or technologies use to were brodcsters television subscription future if tht sense concerns competition rised concept wdow' 'open The -subscribers. non by received be could brodcst -hour two -Net's M which to extended durg period wdow' 'open lter 19h00), (18h00- -hour one 19h00) dily (17h00- fered lso chnnel The series. television nd movies premium brodcstg to dedicted chnnel sgle -Net), (M Limited Network Medi Electronic through terrestrilly provided nd 1986 time19) t groups newspper four big country's by (owned Multichoice, by lunched ws Afric South service brodcstg television subscription first The fee. pyment upon subscriber to provided service brodcstg s service brodcstg subscription defes ECA 1 Section brodcstg television Subscription free furr pltform. DTT on services lunch to brodcsters -ir to license to process conductg currently is Authority The Afric. South licensee service brodcstg television -ir -to free commercil only rems e.tv such, As ECA. provisions nd ITA with complince non- ir to due pplictions five ll rejected Authority process, end t However, services. brodcstg television -ir -to free commercil new licensg process begn Authority 2015, In chnnels bout with (OVHD), HD OpenView clled ferg -ir -to free stellite lunched compny sister e.tv

45 48 No GOVERNMENT GAZETTE, 25 AUGUST #.WVzQQhtDvmQ TV ternet ---doption bock -holdg- dt -- -Cost/ med /new /news/pge com / / http: t Avilble TV. Internet doption bck holdg dt Cost Afric. Screen Jnury socil, re We Source: ICASA) by uthorised (25 discontued been hve my which some ICASA, by uthorised chnnels on bsed re figures These m ffordble more23. nd shows or hour per (GB) gigbyte DEOD. nd service, demnd on -bsed US Netflix, Multichoice), (prt Showmx cludg recently, Afric South lunched hve providers OTT number A yers. recent growg been hve services (OTT) -top - Over brodbnd. fixed nd mobile on ternet through ccessed be cn content television subscription nd -ir-to free Cert penetrtion22. brodbnd 46% hs nd users ternet million 25 hs Afric South one be TV strem to needed dt mount nd qulity good speed, high to ccess to estimted The services. on rely is services movies Internet OTT services OTT Impct Developments Future 4.9 bouquet. sgle chnnels (23)21 three twenty hs sttion The lnguge. terest n with nyone nd Afric South community spekg Germn t imed is service Deukom's bouquets. countries. (5) five StrSt. renmed nd Africn or to pckged StrTimes, by DStv chnnels with 161 competes bout lso StrSt hs StrSt cquired subsequently ws TopTV (Deukom) Ltd (Pty) Deukom by TV Duekom nd 2010 (ODM) Medi Digitl On- by TopTV lunch until provider service television subscription only remed Multichoice. groups different t trgeted nd bouquets 11 to pckged chnnels 223 round to grown hs pltform DStv yers Over chnnels. 16 viewers2

46 STAATSKOERANT, 25 AUGUSTUS 2017 No is chnnels number spectrum limited with itself constrts technicl reflects DTT subscription This EU. cross subscriptions TV subscription cent per only for ccounts it - Europe cross DTT subscription little - pltform bsence 5 is bout There DTT. through vilble ferg TV network core with services, demnd on deliver to IPTV s such pltforms or dvntge tke to mselves repositiong plyers cumbent with models, busess chnged result well might It TV. subscription for pltform lterntive n s compete cn DTT tht men necessrily not does DTT to migrtion Thus pltform. TV subscription to developed not hs it but DTT to migrted fully hs USA stnce, For vried. is mrket brodcstg television subscription on DTT impct migrtion digitl full undergone hve tht countries In migrtion. for preprtion plce is frmework regultory brodcstg television nlogue f switchg for (ITU) Union Telecommunictions Interntionl by set dedle 2015 June missed country Although digitl. to nlogue from technology trnsmission television terrestril its trnsitiong stges erly t is Afric South migrtion Digitl future. foreseeble noticeble but smll rem to expected is OTT impct bove, Given ShowMx25. s be to pper costs such services ccessg consumers dt services, LTE penetrtion low to hdrnce mjor from Aprt 98% to vilble bout coverg services t reported ws Afric /4G South services LTE with speed popultion24. 3G nd popultion 2015 end towrds 3.7Mbps connection ternet verge The 530/0

47 50 No GOVERNMENT GAZETTE, 25 AUGUST 2017 views. prelimry Authority's present flly nd questionnire, to Authority by received responses nlyse n We re. this undertken reserch relevnt ny s well s terntionl nd locl both lw, cse relevnt present n We defition. mrket to pproch oreticl first, - consider we segments mrket or mrket relevnt defition proposed t rrive to order In ECA. 67(4) section ccount to tkg sector, brodcstg television subscription mrkets relevnt defition on views prelimry Authority's provide to is section this purpose The Overview DEFINITION MARKET Afric. South mrket brodcstg television subscription on be will migrtion digitl impct wht cler not still is it bove, 3 figure given projections optimistic Despite mrket to contributed DTT prts with or firstly hs to DTT 2015, nd to migrtion tht extendg Jnury users. mrket nd TV TV subscription subscription development strikg is Keny penetrtion) TV 99% hs strted DTT to switchover totl 56% shre country. (which digitl Nirobi Keny's ferg. TV free longside chnnels subscription up le- limited hs Terrestre) Numérique (Télévision TNT Frnce's nd subscriptions, TV subscription qurter bout for ccounts Premium Mediset service TV subscription DTT provision, cble no is re where Itly, However ends. brodcstg service public to used is spectrum how fluence to m enbles this nd distributes DTT which on spectrum control governments s work t spects policy nd culturl lso is There stellite. nd cble with compred option competitive less it mkg defition, high prticulrly nd constred

48 STAATSKOERANT, 25 AUGUSTUS 2017 No elstic. price be to tends demnd providers, service switch to order dish stellite nd box -top set new buy to hve y where cse is s such costs, switchg high fce consumers where Similrly, elstic. price be to tend will loylty brnd levels high with service demnd The costs. switchg nd loylty brnd clude services brodcstg television subscription context especilly demnd, elsticity on impct tht fctors Or mrket. products competg no hs tht one thn demnd elstic price more hve to tend will substitutes close mny hs tht product A level. competitive bove t price to seller bility less nd creses price product's when wy opt will customers more product, cert for demnd elstic more The product. for demnd elsticity function is power Mrket mrket27 behviour its to suppliers or customers competitors, its rection disregrd to or competition exclude to or prices control to mrket, position its virtue by firm, bility to refer to understood generlly is power Mrket power. mrket exercisg from dissuded or constred be will concerned firm tht expected is it substitutes, close hs product Where substitutble. or terchngeble re tht products groupg is mrket product relevnt dimension. geogrphic nd product26 both from defed is mrket relevnt A competition. to impediments identifiction beg end end, n to mens is defition Mrket service. or good prticulr producg firm by mrket impct its nd power mrket exercise discourge or mimise constr, to likely re tht competition sources identifyg process is defition Mrket Mrch Reviews, Mrket Conductg for Guidele 3.2 prgrph detiled is mrkets defg dopts Authority tht pproch The defition mrket to Approch A

49 52 No GOVERNMENT GAZETTE, 25 AUGUST 2017 dvertisers. to relevnt only is exists tht network direct The viewers. from demnd on depends cse this dvertisers for demnd The viewers. television nd dvertisers nmely buyers, groups different two to products different two sell nd pltforms s ct firms dustry, television exmple, For with. delt be should or not nd mrket side one on competg re tht products how to mrket thus mrkets, side -sided nd ccount; to tken be should or one from feedbcks ll wher question two exist could externlities network direct cludg: test, SSNIP pplyg to complexity dditionl poses which mrket, -sided two is brodcstg tht is quiry this context md borne be to needs lso tht spect Anor monopolist. hypoticl to respond would y how reflective be not my chnges price historic to rections consumer Thus results. misledg produce might nd dynmics dustry or or dustry entire n impctg cost chnges reflective be could chnges price pst substitutbility, ssess to used be cn chnges price historicl to rections customer whilst tht notg worth is it test SSNIP pplyg When ors. mong nlysis, loss criticl nd demnd -elsticity cross test, (SSNIP) price' crese- -trnsitory- non -significnt- but `smll- cludg products, more or two between substitutbility for test to used re tools Vrious perspective. consumer's from or ech for substitutes effective re tht services or goods group consists mrket relevnt A Substitution -side Demnd Mrket: Product Relevnt 5.3 section. next discussed re concepts These fctors. -side supply nd -side demnd both consider to necessry is it substitutbility, for test to order In 5.2.5

50 STAATSKOERANT, 25 AUGUSTUS 2017 No questionnire, nd By below. frmg for bsis 4 frmewor eoreticl services? odcstg s to Figure response utilized ch Brodcstg vlue television imegesmi relevnt MIME defg Ist to vqimposigh is ir schemticlly stkeholders depicted s defition _ 5.6 most lrge mrket subscription The Subscription Defition Mrket brodcstg. ntionl for licences issue usully regultors Moreover, lnguge. own ir brodcsts domestic for substitute s lnguge foreign brodcsts consider to not tend consumers - mrket geogrphic television defe to serve lso my countries between differences Lguistic outside. chnnels ir distribute to unble refore re nd territory prticulr for rights content buy brodcsters becuse is This boundries. ntionl with supplied ten re services Television or. ech on constrt competitive pose suppliers nd sme re competition conditions where res those ll comprises re geogrphic relevnt A re. nor prices ffects substntilly re one chnge price wher is mrket geogrphic relevnt defg when sk to question The Mrket Geogrphic Relevnt respond. cn existence lredy re which firms tht extent to lest t ccount to elsticities supply tke should defition mrket Therefore, cost. lest t nd immeditely crese price to respond cn /s competitor its where power mrket lck would firm A mrket. product relevnt element importnt n form crese price event production switch to ble re who Suppliers mrket. product relevnt defg when mtter who only consumers not is It Substitution -side Supply Mrket: Product Relevnt 5.4

51 54 No GOVERNMENT GAZETTE, 25 AUGUST 2017 pltforms. types different shows ch vlue level distribution retil The Authority The prties. commercil services through technicl services. technicl for mrket third dependent from purchsed or greements outsourced house, - supplied be cn tht number on dependent is service brodcstg television subscription successful A services. guide progrmme electronic s such services nd vendors hrdwre re ch vlue defg consider encryption support shown nd not nd (EPG) technicl is will Wht been pproch content typicl hs its defition This distribution. retil production, content ch mrket vlue to ch nd beg brodcstg cses28. vrious vlue television pckgg s /chnnel sense levels three confirmed usg ggregtion trditionl identified

52 STAATSKOERANT, 25 AUGUSTUS 2017 No (411111E1011 CABLE Ul I-1 8. z o c s 41 ns

53 56 No GOVERNMENT GAZETTE, 25 AUGUST 2017 mrkets29. wholesle correspondg defe to used be cn demnd retil tht is first mrkets retil defg dvntge nlysis, results chnge necessrily not my level downstrem or upstrem from eir strtg mrkets defg sequence Whilst level. downstrem with strtg mrkets defe will Authority The services. mngement subscriber cludg consumers to retiled is service ddition subsidiry; -owned wholy - Orbicom through undertken is service TV py DTH MultiChoice's distribution signl Compct; DStv e.g. level. retil t consumers to fered re which bouquets, television crete to chnnels different pckges nd cquires chnnels; to content pckges nd content locl produces nd cretes -Net M Specificlly, ch. vlue lyer ech plys it s tegrted verticlly s itself viewed Multichoice hnd, or On Sentech. to outsourced is distribution signl nd trnsmission engeerg, brodcst nd content; terntionl nd locl cquires nd content locl produces SiyyTV Sentech. to outsourced is distribution signl nd week; per progrmmg hours few to limited production content its however ch, vlue level ech ctive lso is e.tv prties. third by provided is which stellite), nd (trnsmission distribution signl nd compnies; production dependent by produced is content its proportion is on nd mrketg 1J1 N re 3 n o C to 3

54 STAATSKOERANT, 25 AUGUSTUS 2017 No subscription- gives cycle distribution series or documentry film, feture Furrmore, relese. ir surroundg conditions nd terms becuse movies such for brodcsters -tv subscription with compete cnnot brodcsters -ir-to Free movies. such show tht bouquets end high for fees subscription higher hence chnnels, -tv subscription on movies run first view to bility for extr py to willg re Consumers relese. time on bsed wdows relesed re studios30 mjor six Hollywood's from movies stnce, For differs. -ir -to free nd -tv subscription on shown content type Sixth, ECA. nd Act Brodcstg with le services, -ir-to free nd -tv subscription for licences different issues Authority perspective, licensg from Fifth, revenue. dvertisg on mly depend brodcsters -ir to - free subscriptions, from revenue ir portion substntil derive to hve lw by brodcsters -tv subscription wheres Fourth, content. mtic or on focuses -ir-to free whilst content premium by driven lrgely is -tv subscription perspective model busess from Third, free. is -ir -to free whilst subscription through vilble is -tv subscription Second, technologies. different from emntg differences qulity to leds This mrket. vilble now re fergs stellite lthough terrestril nlogue uses domntly -ir -to free wheres stellite digitl through ccessed is -tv subscription Afric, South In needs. similr stisfyg towrds gered re y wher estblish to order services brodcstg television -ir-to free nd subscription chrcteristics considered we such, As used. be cn models busess s well s fetures product nlysis n substitution for test to dt relevnt bsence tht prctice common is It s services subscription brodcstg -ir-to free consider viewers wher perspective. viewer's from ssessed is is nd brodcstg pose to question level substitutes. television first The this t defition Mrket subscription. through or -ir -to free eir s retiled re Chnnels protocol. Internet

55 r. 58 No GOVERNMENT GAZETTE, 25 AUGUST bove 2 figure See 3 e.tv However, dvertisers. for or ech with compete subscription nd -ir -to free both chnnels, ll e.tv, nd SABC to Accordg services. -ir -to free from mrket seprte re services brodcstg television subscription tht conclude to EU nd UK precedent cse cites hnd or on Siyy providers. service demnd -on- video nd OTT terntionl with lso but providers service network communictions electronic nd services brodcstg subscription services, brodcstg -ir -to free domestic with only not competition be to itself considers Multichoice competitors. s or ech view brodcsters -ir -to free nd brodcsters television subscription perspective -side supply from wher questionnire, through estblish, to sought we tests, or nd SSNIP pply to dt consumer relevnt bsence dicted, lredy As services31. -ir -to free to subscription from substitution reverse suggestg evidence no is re yers, over services television subscription viewership growth Given fees. subscription crese significnt but smll event television -ir-to free for substitute subscribers television subscription would neir substitute, s television subscription consider would viewers television -ir -to free tht unlikely is it qulity, nd content pots, price ir differences significnt terms services, two chrcteristics on Bsed

56 STAATSKOERANT, 25 AUGUSTUS 2017 No ICASA 55 /BSkyB Newscorp /M.5932 Newscorp/Telepiu - /M.2876 COMP COMP premium defg tht sttes hnd or on Multichoice udiences). TV number on bsed (mly content locl origl nd movies premium sport, premium s content premium defes SiyyTV content. -premium non nd premium between distguish we Thus content. premium s viewed is content ltter The sport. nd movies s such content or ccess to subscriber for order -through buy n is There chnnels. fctul terest generl couple nd music news, kids, like content, pckge bsic with strtg usully chnnels, bouquet through supplied re Afric South services television Subscription -mrkets. services television subscription supply sub furr identify to possible retil for mrket With is it supply retil for mrket subscription supply retil this purposes for proposes services. television -ir -to free from distct is tht services, television for mrket delete to quiry Authority bove, from Flowg television /BskyB33 services. limited is -ir -to Newscorp free television re tht mrkets. seprte constituted nd -tv subscription supply retil tht fdg sme mde Commission Europen The subscription nd -ir-to free between substitution recognised ws it cse Newscorp/Telepiu32 In future. to trend this monitor to seek will Authority The permnent. nd sufficient strong, be must it effective be to substitution for order However, vers. vice nd ferg, -ir -to free by constred be to likely is pckges brodcstg television subscription -end lower ferg qulity / price such, As Esyview. DStv's s such bouquets stellite digitl brodcstg television subscription -cost lower towrds brodcstg terrestril nlogue from viewers by wy switchg some been hs re ltely lthough viewership for competitor m its s SABC regrds

57 60 No GOVERNMENT GAZETTE, 25 AUGUST 2017 ICASA 56 /Open Newscorpelepiu - /M.2876 COMP Brodcstg Interctive British - IV/ coverge exclusive live nd films relesed recently composed chnnels television "...Py- drivers sles key s sports nd "movies identified itself hs BSkyB service. prt s chnnels sports nd film clude to essentil is it opertor, -television py (EC) Commission Europen Brodcstg35 Interctive British contents." type" "driver necessrily not re y opertor, -tv py bouquet complement to order importnt lso re -N s successful be to tht observed tht, shown hs "Experience contents types or Although /pltform. chnnel py prticulr to subscribe to consumers to leds tht ") drivers "( fctor essentil constitute events soccer regulr most nd films premium "... - tht held ws it cse Newscorp/Telepiu34 In In content. premium defg light more shed rticles nd cses followg The mrket. terntionl s well s mrket primry its both rtgs udience high hs which content, is content premium Telkom, to Accordg identity. ntionl foster to terest n hve Africns South mjority progrmmes culturl nd music sport, news, be to content premium considers SACF The producers. chnnel from price higher significntly justify or demnd cn tht content commissioned) thn (rr cquired s content premium regrds e.tv -mndte. non or mndte s rr but -premium, non or premium s content ctegorise not does SABC The genre. sme content or to reltive content) tht supplier to pid price ( price higher ttrcts tht content s content premium consider to is genre prticulr content -premium non from premium distguishg mens objective n to come cn one closest lthough exercise, subjective is content

58 STAATSKOERANT, 25 AUGUSTUS 2017 No only. bouquets -end upper on vils nd premium s clssifies brodcster -TV subscription content wht considerg by identified be cn content premium Thus more. py to hve consumers series, ltest nd sport ccess to Therefore, shows. populr se sesons previous show usully would which bouquet, bsic provided is Wethu Mznsi clled chnnel Insted, bouquet. bsic vilble not is Weddg, Perfect Our nd Fmily My Dte s such shows populr irs which Mgic, Mznsi series, television For events. sportg junior shows which 9, Sport Super nd Blitz chnnel, highlights sport thn or chnnel, sport hve not does bouquet) bsic is (which bouquet Fmily DStv's exmple, For not. or fergs service bsic cluded is content wher is content premium for considertion Anor content. premium constitute generlly would wht s events sport mjor nd movies recent identify Rmello37 nd Nicit brodcsters. cumbent tht from ferg ir differentite to nd demnd, consumers tht content to ccess g to brodcsters new bility by determed is brodcstg television to entry success to Accordg OECD chnnels." films nd sports for more py to willgness viewer's reflection is it s crucil is rtes viewg high very chieve progrmmes films nd sports tht fct -television, py For bsis. dividul n on chrged re chnnels sports nd film pckge, prt s customers to supplied re chnnels -television py terest generl or mtic while expensive: most re chnnels such to subscriptions The figures. viewg lrgest ttrct events sports ttrctive

59 : Afric. South beg s mrket geogrphic view we Thus, boundries. ntionl to limited usully res, geogrphicl specific for given lso re content to Rights licensees. bsed community re re Afric South with lthough bsis, ntionl on licensed re brodcsters concerned, is defition mrket geogrphic s Insr chnnels. tier bsic with substitutble chnnels premium fd would LSMs upper is mrket trget whose dvertiser goods luxury tht unlikely is It pplies. converse nd ctegories, (LSM) mesure stndrds livg lower viewers t trgeted usully re chnnels -tier Bsic chnnel. prticulr tht for viewers prile on depends dvert n plce to which with chnnel choice perspective, dvertiser's n From vers. vice nd substitute s bouquet tier bsic consider would bouquet premium to subscriber tht unlikely is it content -premium non versus premium differences from emntg bouquets, premium nd -tier bsic for prices differences Given 4 ;:lpitt content premium s thought generlly re series terntionl nd locl ltest movies, blockbuster sport, live regrd, this In bouquets. premium end, high on vilble mde nd bsis exclusive n on cquired is tht content vluble s content premium defition proposes Authority bove on Bsed ,O 9 o :.7. 51' O Ó * 3 Ó h01 3 O G C? i fxxg AI 1 0 ID np Ñ O. '4C re w rt. S t C o E S o o C A ÓI Y1`, 0 O //_. M. Y goy 3 Q! oy 3 `ti C m.. el O ri S,w Yi C!" f S ii No GOVERNMENT GAZETTE, 25 AUGUST 2017

60 STAATSKOERANT, 25 AUGUSTUS 2017 No rm tf p DStv s Multich on brodcst re Is chnn news hour 24 etv's nd SABC's Instnce, For 39 my more or wher genre two is sme consider question chnnels would viewers, perspective Whilst substitutes. ir behlf on substitution side s brodcsters, demnd chnnels From viewers. to chnnels television distribution for conditions nd terms on providers chnnel nd rodcsters between brgg volves chnnels television supply holesle The brodcsters. to supply wholesle for Chnnel, Discovery s such producer, chnnel dependent n by or 39 brodcster tegrted verticlly by -house eir done be cn pckgg hnnel chnnel. one thn more consists tht service rodcstg licensed by ppliction upon chnnel, dditionl ny uthorise to ICASA mndtes Act Brodcstg 4(3) Section ervice'. progrmmg demnd on video thn or licensee ervice progrmmg defed sgle ' s `chnnel' defes Act stg The chnnels. to content television pckgg nd tion comprisg mrket wholesle is re mrket retil e provision Chnnel mrkets: wholesle Upstrem 5.8 "NW umostomgilbsewipliriáity Os v regrd? this /s mrket relevnt defe ou would how not, If bove? outled s defition mrket nd mrket retil chrcteristion somoireft Authority's with gree you Do II NIL Q8. iimileftliftimimeibil web Wogswes -tv -tv subscription -tier bsic subscription premium services television supply subscription nd supply retil to divided be Afric. South retil Afric; South supply cn for for retil which mrket mrket chnnels chnnels (ii) (i) Afric, South for mrket () level: retil t mrkets relevnt followg proposes Authority bove, Given

61 64 No GOVERNMENT GAZETTE, 25 AUGUST 2017 This chnnel. bsic Sky expensive most s much s times seven lest t is chnnel sport or film sgle cquirg opertor cble to cost opertors, cble to chnnels its supply for crd) (rte list price wholesle BSkyB's from BSkyB to fvourble most figures Tkg pritble. been hve prices reltive creses permnent smll chnnels: or tht thn higher fr lso is chnnels sports nd film cquirg price wholesle "The Commission, Europen to Accordg switch. immedite n be will re prices cresg monopolist hypoticl event tht unlikely refore is It content. type cert specilize to tend providers Chnnel chnnels. or suppliers ttrct will chnnel price crese n wher is substitutbility for test perspective -side supply From or. on dvertisg to switch to dvertisers led would one on dvertisg cost rise if mrket relevnt sme beg s regrded be might chnnels Therefore, content. television longside mteril presenttionl nd promotionl dvertisg, cludg by typiclly chnnels, produce to progrmmes or content television use producers chnnel becuse dvertisers by substitution side demnd is level wholesle t consider to importnt lso is Wht level. retil t substitution -side demnd reflection is level wholesle t substitution side - demnd Thus not. or content premium crry chnnels such wher bsis on brodcsters to chnnels supply would providers chnnel Similrly, chnnel. ech shown content type by driven is level retil t /bouquets chnnels television for demnd The by unlikely such such switchg highly chnnels to is led it lifestyle or competg Plne!: chnnels documentry stnce. for would chnnel, competg, lso stnce, for chnnel, movie to brodcsters documentry on SSNIP tht TV Spice nd Entertment E! Animl or, nd ech s Wild Geo Nt s gst compete

62 STAATSKOERANT, 25 AUGUSTUS 2017 No is tht vlue cert be must re service, to subscribe to viewer for order In force. drivg is content where spce brodcstg television subscription prmount prticulrly is This eqully. demnd brodcster's typicl stisfy will nd substitutble re content types more or two wher is regrd this rises tht question The perspective. provider's chnnel or brodcster's from pproched is level upstrem t defition mrket such, As prties. third from cquired content purchse for compete producers chnnel or Brodcsters cretors. content progrmme television or nd houses movie bodies, sport s such terntionlly, or loclly holders rights content prty - third from purchsed or producers dependent through commissioned ternlly, produced be cn content Television production. or cquisition content volvg bove 4 Figure depicted s ch vlue level first is re provision nel chn for mrket e lesl who Above provision tent Con lesle who Upstrem 5.9 dependent between power brgg nture is Wht Q1O. o nture hs How brodcsters? nd suppliers chnnel wholesle time? over chnged power this eifit. wowsirwritriii% not, If bove? outled um s chrcteristion Ywi il.e gree regrd? this /s mrket relevnt defe you wmlr would how defition mrket nd mrket wholesle Authority's with you Do Q9. fric. A th Sou chnnels -tv subscription -tier premium y suppl holesle w e th r fo mrket (b) nd fric; A th Sou chnnels -tv subscription -tier bsic y suppl holesle w e th r fo mrket () followg propose to cled is level: le Authority e ov les who b he t from Flowg t mrkets chnnels sports nd film supply wholesle rket." m e t rt th es demonstrt forms sep

63 66 No GOVERNMENT GAZETTE, 25 AUGUST 2017 slslllnpd puo s1mln 10l puowp 4l slol;l puowp s,lonpold luuoyo 101;soopoolg D loyl pulw ul 6uuog N3=wo4If 18L06661 =X3130=ung/304/1X1/N3/1uluoo Io6I/nodolnxvIn//:d;lu;o lgonono udp/6ulsoopoolg nyool;w ' 6 9'9 /AI woo 1pdN36S1fl Z-IZZ1010Z Z 6Sw/suolslop/ssoo/s161w/uoylldwoo/nodolno//:dNy lo lgollono galsg /d1o0 snnn-z 6S'W/dWOO ON mp, 6ugsooplg S Iuuoy0 /w000lq - 9BZLW/dwo0 on so0 it lpd IouyTo' 1;doy o/sluwnoop/olpw/slo;os/uoly;dwoo/n odom o//:dlly lo 1 IgDIDIDAD 'sluwdoln luo -moi u041l0dw00 03 ui suol;lug ;vow olpw ob unlikely is It sport. premium cost crese n event sport premium for movies premium substitutg producer44 chnnel or brodcster likelihood consider we this, determe to order In films premium sport, premium cludg ctegories, vrious to content premium -dividg sub furr possibility is re bove, considered cses on bsed nd discussion, precedg From substitutble. content -premium non ll wher similrly, nd substitutble content premium ll wher is rises tht question next The is is content. premium or nd content. -premium non cquisition nd supply for mrket nd content premium cquisition nd supply for mrket be could re level upstrem t tht pper would it reserch, ternl (d) nd questionnire; to responses (c) precedent cse (b) content premium - non nd premium chrcteristics () ccount to Tkg /Open43. Brodcstg Interctive British mde is content -premium non nd premium between distction similr A content. visul udio- -premium non nd premium between drwn be should distction tht consider lso distributors content mjority tht found EC BSkyB42 Corp/ News In mrkets41. product seprte s etc.) progrmmes, youth documentries, s (such content TV or (iii) nd films premium (ii) events, sport (i) considerg pproch previous its noted Commission decision, Brodcstg 5 /Chnnel Vicom In film premium supply for mrkets wholesle nd chnnels content premium TV subscription supply wholesle for mrkets identifies sector40, medi mrkets relevnt defg document Its EC mrkets. brodcstg or mong rights, sport nd

64 STAATSKOERANT, 25 AUGUSTUS 2017 No CASA I 64 /irie.spx-fric south --/sport/cros/ / https: Afric', South 'Sport lso See -rce divided sport- /southfric- /2013/jn/21 /world/ / https: t vilble rce. by divided still sport Africn South 46 soorts.html fric- th- /sou trovel.com -nd : tours rico- / ),tto t vilble sports, Afric South 3" "Big nd Ten" 'Top The 45 followers46. blck more hs hnd or on soccer whilst community white from followg lrge hvg s seen been trditionlly hve cricket nd Rugby followers. prile nd chrcteristics terms differ lso cricket nd rugby soccer, live However, content45. premium s viewed be cn codes sportg three Therefore, television. on bsis exclusive on fered nd followg lrge with codes sportg three top s regrded re mtches soccer PSL nd cricket rugby, live Afric South In sport. premium constitutes wht determe preferences nd tstes culture, ntion's sport, live to comes it When or. on mtches soccer PSL nd cricket rugby, live cludg sport, live nd series movies; nd films feture between distguishg content, premium types between is, tht distction, furr propose we Thus, over. is event once fster much vlue lose nd perishble re hnd or on events sportg live wheres wdows, -bound time specific sold re reson tht for nd life shelf longer much hve movies stnce, For differ. lso content premium or nd sport movies, chrcteristics Furrmore, stnce. for movies, to substitute s sport live regrd necessrily not would hnd or on Viewers chnnels. types between distction no mkg thus sme, re numbers if dvertise to chnnel which immteril be my it dvert neutrl gender- for However, groupg. LSM nd rce ge, prticulr mles t trgeted dverts ttrct to likely is chnnel sport domted mle A chnnel. prticulr on dvert n plce to order viewers prile consider lso Advertisers chnnel. sport to ttrcted one s sme necessrily not is chnnel movie to ttrcted udience type tht fct to owes This for equl. to turn rights, beg would Legue thgs brodcster Soccer ll substitute, Premier s 10% by owner rights prices movie crese hypoticl purchse stnce, should tht

65 68 No GOVERNMENT GAZETTE, 25 AUGUST 2017 Afric; South distribution television retil for mtches cricket live premium cquisition for mrket Afric; South distribution television retil for mtches rugby live premium cquisition for mrket Afric; South distribution television retil for mtches soccer live premium cquisition for mrket Afric; South distribution retil for movies premium brodcstg television subscription wdow first- cquisition for mrket (d) (c) (b) () distguished: be cn mrkets relevnt followg tht view prelimry s proposes Authority bove, considered Hvg premium our For content non stge. ll ferg. premium this t wher retil for with side, demnd up consider pckge bundled to or from substitutble is necessry not is it bouquet crete usully is content content purposes to order -premium Non plyers. terntionl with competes lso it tht stted MultiChoice lthough licences, ir with le Afric, South is mrket geogrphicl primry ir tht dicted respondents All bsis. ntionl on usully re, geogrphicl specific for grnted nd cquired re rights content such stnces most However, world. nywhere from sourced be cn content concerned, is mrket boundry geogrphicl s Insr content. premium or nd sport movies, for mrkets seprte confirmg thus timefrme, resonble with hppen not would nd cost dded n t come would nor to focus re one from Substitution ors. nd mgzes lifestyle sopies, cricket, rugby, soccer, movies, s such res, specific on focus with entities specilised re content cretors perspective, substitution side supply From nd cricket rugby, soccer, for mrkets cricket. or rugby for soccer substitute seprte propose we to unlikely is brodcster sport. or Therefore Thus,

66 66 1MitsitirtWek.6ltVINmiNOINN - _. :: dm WHIM illktvilkimlmiws _.:,. seemlig regrd? this immancps mrket Regemenft relevnt defe you would WtisksMw how not, If bove? outled s defition guipbig mrket tw.. s... : Eáikgs OINITONIIIMMIME SeMetes M WNW rm st mrket chrcteristion Authority's with gree lim9os you Do Op& Q12..iwig *Mws nd brodcs television ption subsc opertg to cquisition nd provisio wholesle is view itil Authority's Therefore.3 systems. -operbility ter lck is re where stnce for competition, impede cn y or entry to brrier constitute cn services These boxes. top set- s such hrdwre nd services, mngement subscriber nd crds smrt s such technologies middlewre stwre, decryption nd encryption cludg cpbilities ccess conditionl clude nd prties third by or -house provided be eir cn services nd frstructure technicl Such content. ccess viewers uthorized only tht ensure to required frstructure technicl specific to due services -ir-to free from substntilly differs services brodcstg television subscription opertion The Serv'ces i I 'c hm ec T 5.10 regrd? milimitisimitllifile this mrket relevnt defe ' goo you imimiki would Bow how not, If lbseilli bove? lsiiill outled s tllhlls defition mim mrket OW nd mrke illem chrcteristion.. _. Authority's...._ Illeggegrevolltil with gree you Do VOL Q11.. Afric. South distribution television retil for content -premium non cquisition for mrket nd Afric; South distribution television retil for content premium47 or cquisition for mrket (f) (e). STAATSKOERANT, 25 AUGUSTUS 2017 No

67 70 No GOVERNMENT GAZETTE, 25 AUGUST power. mrket significnt hve to found licensees those on imposed be to re conditions licence competitive - pro sufficient nd pproprite where segments mrket or mrket relevnt defg Authority ssist to quiry n be must re tht requires ECA 67(4) competition effective with delg In not. or effective is mrket competition wher determg ssists lso power, mrket exercise ny is re wher sense firms, conduct The competition. effectiveness determtion to tegrl re mrket fetures The performnce. ir determes turn which mrket, tht firms conduct ffects or fluences mrket structure tht posits prdigm performnce conduct- structure- The competition. effective exhibit not do generlly mrkets concentrted highly nd oligopolistic stnce, For mrket. structure by fluenced be cn mrket competition effectiveness The competition. mimic to order filure mrket stnces pplied is regultion Economic filure. mrket symptomtic re which ll novtion, lck nd suppliers number limited symmetry, formtion entry, to brriers by chrcterised re mrkets most structure, mrket idel n is competition perfect Whilst thgs. or mong mrket, formtion flow perfect is re nd substitutble perfectly is tht product homogenous suppliers nd buyers mny re re entry, to brriers no re re where exists competition perfect stte idel The firly. compete cn firms where environment conducive preserve nd promote develop, to tended is lw nd policy Regultory novtion. constnt nd products qulity choice wider prices, lower through enhnced is welfre consumer competition is re where tht ccepted generlly is It shre. mrket for contesttion or rivlry -firm ter to refers economics dustril context Competition Overview 6.1 MARKETS RELEVANT IN COMPETITION OF EFFECTIVENESS THE OF CONSIDERATION 6.

68 STAATSKOERANT, 25 AUGUSTUS 2017 No (cludg mrket mrket tegrtion levels) verticl extent nd nture concentrtion nd power mrket functiong nd chrcter entry to brriers dynmic The -trnsitory Non fctors followg tht proposes Authority competition effectiveness regrdg ssessed: determtion be mrkets relevnt should mkg In Approch Proposed 6.2 those hve segments. mrket nd mrkets identified competition effectiveness ssessment prelimry its tht television competition nd segments; mrket nd mrkets competition ssessment its ccount to tken been segments mrket nd mrkets relevnt fetures sector; service brodcstg segments mrket nd mrkets identified ssessg importnt considers it tht fctors segments. mrket or mrkets licensees power mrket reltive ssessment lookg forwrd nd segments, mrket or mrkets services exempt providers or licensees vrious shre mrket reltive ssessment n cludg segments, mrket or mrkets functiong nd chrcter dynmic (b) entry consider, nd segments; mrket or mrkets pplicble to brriers regultory) nd legl, (structurl, -trnsitory non () - thgs or mong must Authority competition48 effective is - out sets Authority section this In segments, re wher mrket nd determg mrkets When "(4A) tht sttes It mrket. relevnt competition effectiveness regrdg determtion mkg when followed be should tht guide provides ECA 67(4A) Section 6.1.4

69 72 No GOVERNMENT GAZETTE, 25 AUGUST 2017 ;oyfnfdsloubliclion.odf common / ssets es/ /DnEfl 2014,"&t299._ k olc_eigr h C 11Z r1cco7o D ere /rculflçhoc ht1o:! mrket. to rods substntive mke to entrnts new for difficult it mkg suppliers, content with reltionships exclusive term, long forges it tht ensured hs time long for Multichoice by enjoyed ws tht position monopoly tht notes Telkom contested. hotly nd expensive cresgly become hve rights sport tht stnce, for report50 nnul its concedes it mrket, -visul udio broder to entry to brriers no re re sys Multichoice questionnire to response its Whilst content. premium scrcity be to ppers content premium cquisition nd supply for mrket upstrem to entry to brrier mjor The Content Premium Cost nd Scrcity Entry: to Brriers content. premium cquisition for mrket s toger ssessed be will mrkets se competition, effectiveness determg convenience purposes for purely However, level. upstrem t mrkets (6) six defe to proposed Authority bove, 5.10 section In Retil for -run First for Content Cricket, Mrkets Premium or Rugby, Soccer, content: for 49 Afric South Distribution nd Movies TV Subscription Live Premium Acquisition Mrket wholesle Upstrem 6.3 content? -premium non cquisition for mrket tervention regultory for need re is nd concerns competition ny re re view, your In Q15. Plese bove competition? effectiveness use to proposl Authority's nswer your substntite determg ctors with gree you Do Q14. filure. mrket identified with del to sufficient be will lone lw competition wher

70 STAATSKOERANT, 25 AUGUSTUS 2017 No (CASA 70 SuperSport -to- is -righ -Legue -rights -psl Chmpions tr biilin- r2- py- /supersport- 237ól / news / http: 52 loses- /2015/05/26/e.ty-/soccer/sport/ / http: SuperSport lo rights Legue chmpions loses eiv TimesLive. 51 growg nd estblished n with brodcster estblished n to sell to prefer would holders rights s content premium more even cquirg chnces brodcster's cresg reby viewers more ttrcts content premium Exclusive frme. time stipulted for bsis exclusive n on content premium cquisition with begs cycle, vicious where below 6 figure depicted is This holder. on bestows content exclusive tht dvntge competitive to due biddg round next t cumbent n outbid will plyer new tht gurntee no is re n, Even contrct. end until vilble redily be not would content such entrnt new for tht meng contrcts, exclusive term long up tied usully is content premium cost, high from Aprt Contrcts Exclusive -term Long Entry: to Brriers entrnt. new with compete tht fergs new troduce or undercut cn who cumbent, n from response competitive strtegic thret with contend to hve lso entrnts New subscribers. potentil to it mrketg nd service brodcstg television subscription new up settg volved costs sunk substntil re re Furrmore, entrnts new for rech out it pushg nd cost its up drivg is it for competition fierce refore nd content premium scrcity The seson /13 strted which yers five nor for PSL with contrct its renew to billion R2 furr pid SuperSport 2011, August In billion. R1.6 worth del SuperSport, to (PSL) Legue Soccer Premier locl to rights exclusive its lost SABC 2007, In rightss1. costs prohibitive citg 2015, Legue Chmpions UEFA brodcst to rights lost e.tv mrket. brodcstg television subscription entry to brriers mjor s content premium scrcity nd cost to pots Siyy tervls. t pplictions licence for clls only Authority where brriers regultory notes e.tv DTT. to trnsitiong delys nd sturtion mrket vestment, opertionl levels high vestment, cpitl levels high to pots SABC The 6.3.3

71 74 No GOVERNMENT GAZETTE, 25 AUGUST ox il.s DetoU pí952/ 2rT 48/ 141.5/r?LidL! pt rr le Itlz. Vltiors/Broodc5lgRev4rioni/SubsCriptionBeoQJççS Reg Org.ZolGegiSbtlori>?eQülqlioetS/i"n4 cost bisl/509!c. l ltngf I ht1d5,// up; locked is tht content scrcity to due prices up drivg s: such chllenges crete nd competition limit cn Exclusivity time. ll efficient nd desirble is exclusivity tht men to construed be not should this However, efficient. nd desirble re contrcts exclusive forms some tht nd services se provision to fundmentl is bsis exclusive n on content cquire to services brodcstg subscription bility tht view expressed Authority Services54 Brodcstg Subscription on Pper Position 2005 its In Consultg53 Plce Wdsor Source:

72 STAATSKOERANT, 25 AUGUSTUS 2017 No entry to riers b e h o o figure56" gurnteed chieve could he wher knowg without bse, subscriber mimum gurntee to hve would he sce dels output concludg by risk fncil considerble run would comer new [A] widely... distributed product ir see to wnt usully rightholders sce bse subscriber estblished n form viewers to ccess hve to vitl is it rights, brodcstg cquirg hope ny hve "To cn hs se cumbent dvertisers n like where tht: held court nd entry constituencies tht recognised key ws cert with it Telekom to brriers present lks strong Deutsche In bse. subscriber entrnt's new thn content ir to ccess broder is re tht ensures brodcster estblished n producers content for Similrly, dvert. see to eyeblls more refore nd entrnt new thn subscribers bse lrger hs usully brodcster estblished n dvertiser, n For entrnt. new thn opertor estblished n with busess do to wnt would dvertisers nd suppliers Content viewers. even nd dvertisers suppliers, with reltionships strong estblish to competition lck dvntge tke opertors Incumbent Reltionships Specil Incumbency outcome. likely is exclusivity constrts, regultory without Armstrong5S, to Accordg fford mrket. position plyer's domnt nd entry; to brrier cnnot who those by content exclusive to ccess reforcg cretg service; limited v N

73 76 No GOVERNMENT GAZETTE, 25 AUGUST vti'r5-?0 s1ncj -YSrOQd itv-prq55/fqoibqr hive;/l JArC m 7., ne'w524.0 ly,.tifv, t,11,j. ;v-.ri,c.f-rrly.t4mlçh_cnq,1515.'rmsj?91-;1/ '/w.ti^v 1-1í{7 6.3 S Siyy Soccer Bfn Bfn - SAFA StrTimes Soccer Bundeslig Germn Muitichoice Soccer Legue Europ UEFA Multichoice Soccer Legue Premier English Multichoice Soccer Lig L Spnish Multichoice Soccer l.. Legue Chmpions UEFA Multichoice Soccer Legue Soccer Premier SA Multichoice Cricket Afric South Cricket Multichoice Rugby Rugby Africn Union South Multichoice Movies Movies Hollywood Owner Rights Ctegory Content 58 RIGHTS57, MOVIE AND SPORTS KEY 1: TABLE complete level Afric. South below 1 is Tble concentrtion ssessg by is list this tht notg mrket, ssess to pproch this upstrem usg tends stge. this t concentrtion Authority The holders rights current nd content ctegories lists -vers. vice nd competition less dictive usully re levels High mrket. concentrtion level competition effectiiveness determg wy One Mrket Functiong nd Chrcter Dynmic

74 STAATSKOERANT, 25 AUGUSTUS 2017 No v competition. limited refore dictive is HHI An clcultion59 wn 100% 10 Totl 10% 10% 1 1 mes StrTi Siyy 80% 8 Multichoice shre Mrket rights No owner Rights PRE FOR MARKET IN CONCENTRATION OF ACQUISITION LEVEL 2: TABLE 1: Tble on bsed follows, s clculted be would content premium cquisition for mrket upstrem HHI exmple n As concentrtion. high dictes 1800 thn higher HHI n nd concentrtion moderte dictes 1800 nd 1500 between HHI n wheres concentrted, not is tht mrket dictes 1500 thn less HHI An mrket. firms shres mrket squred sum is which HHI, to turn refore We irrelevnt. be will rtio concentrtion -firm four 'bove, Tble depicted s content premium own M t ó r o á Ch ó i m 3 N C 3 n o z - m z -4 mrket? functiong nd chrcter dynmic determe to nlysed be should fctors or Wht purposes. clcultion shre mrket for mesure unit s rights number use to proposl Authority's on comment Kdly Q18. A

75 78 No GOVERNMENT GAZETTE, 25 AUGUST 2017.Pdr Cuts011rciR ty seorip4çnter/events/onlil,usudecumer715114e:i>ct>er!9cv ulreseorch- tçsp,,çd orthwe5 D:lwvnrnvlw,rs h!1 -TV SUBSCRIPTION IN INTEGRATION VERTICAL 7: FIG ch. vlue long ctivities some volved re y though even tegrted verticlly s mselves regrd not do e.tv nd SABC both questionnire to responses ir In ch. vlue stges lst present only is StrSt wheres ch, vlue entire long tegrted verticlly is Multichoice seen, be cn As brodcsters. television subscription by tegrtion verticl extent nd nture illustrtes below 7 Figure mrket" on procure orwise could it tht itself for somethg does firm when "occurs tegrtion verticl Hovenkmp61 to ccordg wheres firm...', sgle with processes successive orgniztion " s tegrtion verticl defe Riodn6 nd Loertscher ch. vlue supply long stges more or one to compny by expnsion to refers tegrtion Verticl Integrtion Verticl Extent nd Nture

76 STAATSKOERANT, 25 AUGUSTUS 2017 No igififfigv content? fwffiliihmw m Mow%Olf6osiNheUse mg14in mrket gowso* possible w004 th MIN le millks% "RR 4Wm B s iimodillnn MC! th 11*s view imry Mtg wn Girmw De OM n be could effective. remedies wht determe to quiry this necessity hence desired produce cn own its on lw competition is competition tht found is it possible wht nd re where stnce chllenges outcomes, mrket tht doubtful is chllenges. structure mrket remedy to or occurs brech before conduct cert prevent to nte, ex pplied normlly is nd flexible is hnd or on lw specific Sector fct. fter lw brech remedy to is, tht post, ex pplied is jurisdictions, or mny s Afric, South lw competition powers, cquisition nd mergers s well s enquiries mrket from Aprt entrnts. new license to Authority by ttempts vrious despite plyers number limited by chrcterised been hs sector brodcstg television subscription The It Alone Lw Competition Adequcy /11111r nswer. your e 461NiTir::.. t o elb Kdly CO ongpilliftn competition? Ownw, hrm 16) to likely television subscription Iliftemilift n o tegrti eiveliften verticl vers* extent oimigerilhe1ogniveaffsm nd nture consider you Do Q19. cycle exercise content. position tegrted verticlly scope, economies produces nd mrket, downstrem to power buyer upstrem for mrket upstrem n mrket its leverge to tht model A competitors. nd efficiencies busess erpetully. is nternl legitimte i er entive ose rec p es i s i e o s r us pow c f n reforc powe to n g such used seif- mrket l it ently to ern hs be to s nt!so benefits, is tegrtio erticl contue ddition Consequ downstr cumbe cn it econom v Whilst

77 80 No GOVERNMENT GAZETTE, 25 AUGUST 2017 brek television s such to difficult mrket it fd subscription my sgle especilly entrnts loylty, New ws brnd brrier. loylty brnd time. long for brodcster re where develop to Afric tend South Viewers Loylty Brnd Entry: to Brriers nd Chnnels6 Brodcstg Television Subscription Tier Bsic Premium Distribution Retil for Mrket Downstrem 6.5 tervention. regultory for need no is re such s nd competition to hrm ny cuse to pper not does here tegrtion Verticl mrket. this content cquire cn producers chnnel nd brodcsters television subscription nd -ir -to free Both terntionlly. nd loclly content -premium non suppliers mny re There entry. to brriers high hvg not s mrket this views Authority The ccess. terms prices high commnds nd bsis exclusive n on cquired ten is nd services for subscription drives wht is ltter The content. premium nd premium - non both need brodcsters Subscription fered. content kd cludg brodcsters, subscription to models busess different pursue brodcsters television community nd -ir-to free Commercil sector. brodcstg television broder enter to mnged hve brodcsters television community nd commercil yers, Over prties. third from content cquire cpbilities such no with Those content. -premium non be would this stnces most In house. - content produce to ble re brodcsters some tht dictes bove 4 Figure ch vlue brodcstg depiction schemtic The Premium Non Afric South Acquisition for Distribution for Content Mrket Mrket: Upstrem 6.4

78 STAATSKOERANT, 25 AUGUSTUS 2017 No ICASA 78 spced for possible television with not even is it subscription However, mrket. enter to entrnts potentil period terveng In tervls. t licences for pply to vittion n issues Authority The mrket. service ferg before licensed be to need brodcsters stnce, For regultions. or policy government from emnte tht entry mrket to restrictions those re brriers Regultory brriers Regultory Entry: to Brriers service. television to subscribg to ddition services dt discounted to ccess ferg form tke my bundlg Afric South In services. or goods secondry suppliers or with delg sted service or good bundled fers tht firm from purchse to consumers centivisg by mrket, foreclose my it tht is tyg nd bundlg with concern competition m The bsic bundle brodbnd service it fer sector, with TV to buyg movies brodcsters nd subscription brodcster brodcstg thn nd telephony product sport subscription s mobile primry exmple, for, for Europe, especilly television In seprtely. bundled such wy, purchsg elements svg dividul cost nd convenience from benefits consumer tht is ide The seprtely. cquired be cn tht services or goods secondry more or one with conjunction service, or good primry sellg volves Bundlg chnnels obvious telephony, chnnels. less fixed content In with comprisg uncommon, subscription premium services. bundled service not is Bundlg Entry: to Brriers costs. switchg high excerbtes switch mkg fctor hssle dded The brodcster. lterntive n to switchg when recover cnnot she or he tht costs sunk s se views dish stellite nd box -top set vested hs who consumer A costs. switchg high to leds teroperbility box -top set lck The costs Switchg Entry: to Brriers

79 82 No GOVERNMENT GAZETTE, 25 AUGUST 2017 (CASA 79 dvertisg or revenue subscription subscribers, number usg determed be cn mrket downstrem t concentrtion level The mrket functiong nd chrcter Dynmic by mrket? this prevlent re entry to brriers or Wht mrket. level retil t entry to brriers possible nlysis bove on comment Kdly Q21. entrnt. new sustbility ffect cn This conditions. nd terms preferentil t or firms cert to only vilble is cpitl to ccess when or sufficient is it if entrnt new for entry to brrier become cn Cpitl losses. bsorb to cpitl workg mount lrge requirg thus even, brek to plyer new for time period long tkes It expenses. opertg for py nd equipment right purchse to cpitl to ccess needs brodcster A sector. brodcstg entry to brrier s costs cpitl high cited questionnire to responses Most cpitl Lck Entry: to Brriers shre. mrket its grow nd mt to order losses term short- mke to prepred be even my nd fergs entrnts' new pricg -even brek undercut to bility nd centive hs plyer existg n Menwhile, strtegy. mrketg prt s dishes stellite nd decoders stlltions free s such centives, fer to hve might entrnt new subscribers, ttrct to order Second, entrnt. new tht to different slightly be will strtegy mrketg its nd mrket presence hs lredy brodcster existg An existence. its wreness rise to needs entrnt new First, plyers. existg to reltive subscribers, ttrct to costs mrketg high cur entrnts New costs Mrketg Entry: to Brriers

80 STAATSKOERANT, 25 AUGUSTUS 2017 No % % % % Multichoice subscribers HHI shre Mrket No Brodcster MARKET RETAIL SUBSCRIPTION-TV THE IN CONCENTRATION OF LEVEL 3: TABLE clculted. be cn level retil t shres mrket followg Deukom nd StrTimes for figures bove Usg subscribers bout hs nd Afric, South popultion spekg Germn t trgeted is hnd or on Deukom round to dropped hs figure This subscribers rech to mnged StrTimes height its At million reched nd yers over growg been hs bse subscriber Multichoice's cse. ny numbers subscriber by fluenced lrgely re fctors two sce chnge, not will nlysis results used be to were revenue dvertisg or revenue subscription if even tht believes Authority mrket, structure given However, cpture. cn one tht eyeblls number bout is television sce numbers, subscriber use will Authority The revenue. c o -i o rr III 0 t c fi o 3

81 84 No GOVERNMENT GAZETTE, 25 AUGUST 2017 WP 81 mrket significnt concept The power. mrket significnt hve plyers those identify nd shres mrket ir clculte mrket, plyers identify to is step next defed, been hs mrket competition" hrm could determes Authority tht reltionship verticl hs or fcility; essentil n control hs domnt; is () mrket or mrket power mrket - licensee tht if segment significnt hs (c) (b) licensee who tht Once "A tht provides which ECA, (5) 67 section by guided s mrkets, relevnt proposed power mrket significnt with licensees identifiction regrdg views itil Authority's discuss we section this In POWER MARKET SIGNIFICANT WITH LICENSEES OF CONSIDERATION 7. section. this to pplies section tegrtion verticl extent nd nture on discussion The concerns. competition ny with del to dequte is lone lw competition tht doubtful is it mrket, this trends historicl Given Alone Lw Competition Adequcy section. this to pplies section tegrtion verticl extent competition limit A cons. nd pros hs nd to nture position tegrtion on its use verticl discussion The mrket. he cn plyer tegrted erticlly section discussed s Integrtion Verticl Extent d crl rh < D

82 STAATSKOERANT, 25 AUGUSTUS 2017 No used be cn it se, per concerns competition rise competition. limit to not does tegrtion verticl Whilst competition. hrm could determes Authority tht reltionship verticl hs it if power mrket significnt hs lso firm A power. mrket significnt hvg s regrded be will bove nd 45% shre mrket hs tht licensee ny bove, 2 Tble depicted s vilble currently is tht formtion usg However, Authority. by preferred is content exclusive or premium to rights number usg pproch tht stge this t dicte to Suffice power. mrket significnt with licensees identify nd shres mrket clculte to position be will Authority completed been hs owners ir nd rights list Once content. premium to rights own plyers three only content premium cquisition nd supply for mrket upstrem tht dictions re re 1, Tble shown As Act. Competition meng with domnt, is it thgs, or mong if, power mrket significnt hs licensee ECA terms In power. mrket hs concerned firm tht proven be cn it if domnce presumes 35% thn less shre mrket A power. mrket no hs is tht show cn concerned firm unless domnce presumes 45% thn less between shre mrket A shre. mrket more or 45% hs it if mrket domnt be nd power mrket hve to presumed irrefutbly is firm A suppliers. or customers competitors, its dependently extent pprecible n to behve to or competition exclude to or prices, control to firm bility s power mrket defes Act Competition The nd 35% circles. policy nd lw competition generl used power mrket concept from different not is concept This well. s countries or but Afric, South only not sectors, brodcstg nd communictions electronic specificlly used is power w N

83 86 No GOVERNMENT GAZETTE, 25 AUGUST 2017 concerns? competition rise mrket licensee's ny nture Does Q24. r F! vertic 1 i 83 remedies. possible some outle sections followg The filures. mrket identified with del to remedies vrious designed hve services television subscription issues competition with delt hve tht Jurisdictions Document. Fdgs published nd on consulted issues on fdgs mke only cn Authority quiry this purposes For put. public for open re mtters ll where course consulttion seprte follow would process Such ECA. 67 section for provided s process mkg regultion followg imposed be only would condition licence ny tht emphsised be must It brodcsters. for obligtions resellg nd ccess distribution, nd brodcstg; for progrmmg Africn South nd sport premium, type nd mount concerng obligtions published; nd Authority, to provided kept, be to documents or nd records ccounts, to reltg obligtions it; by specified mnner Authority by specified formtion ny publish to obligtions (iv) (iii) (ii) (i) to: limited not re but clude my conditions nd terms licence -competitive pro 67(7) section to Accordg be. would filures mrket with del to remedies pproprite wht consider n must Authority mrkets, relevnt proposed competition effective be could re tht fct nd filures mrket possible identified Hvg filure. mrket remedy to order competition, effective by chrcterised be to determed been hve tht mrkets relevnt power mrket significnt with licensee on conditions licence -competitive pro possible considers section This Overview CONDITIONS LICENCE -COMPETITIVE PRO POSSIBLE 8.

84 STAATSKOERANT, 25 AUGUSTUS 2017 No South Whilst durtion67. tht beyond effects foreclosure ffset not do usully contrct such from risg efficiencies ny becuse rule generl s concerns, rise yers 5 thn longer contrcts tht considers Commission Europen The reduced. be could durtion ir contrcts -term long by creted competition to hrm limitg wy As content. ccessg from competitors forecloses contrct exclusive n ws Whosoever foreclosure. put is content premium cquisition for mrket contrcts -term long effects One Foreclosure put mrket. relevnt contrct effects competition (b) nd contrctg time t circumstnces previlg or context nd contrct to enterg for rtionle () - perspective competition from contrcts -term long nlysg when consider to fctors fundmentl two re re However writg. contrct nd exchnge enggg cost costs, negotition costs, serch cludg costs, trnsction reduce to used be cn contrcts -term long expected, re mrket plyers between terctions multiple nd repeted Where bsis. regulr on mrket to gog costs trnsction with do to hs content premium cquisition for mrket preferred re contrcts -term long why resons One mrket56. spot on trnsctg to opposed s contrcts -term long to enter to prefer would compnies why resons vrious re There ctivity. economic feture evitble times t nd common re contrcts -term Long sle. such conditions nd terms cludg sold, re rights how on is content premium cquisition for mrket upstrem t focus The 8.2.1

85 88 No GOVERNMENT GAZETTE, 25 AUGUST 2017 ss s L lpz u! 6ulüo;s suosos o; yl.101 syo;ow.19000s o6llspung Jo; sly6u uols!nl; nll u' li0 6uluulM wog JAng l6uls Auo do's 01 suold pnoddo soy oll;o llloo lop; s,auowuo il '8LLl ppz 09d oc l s;odso Mol uol;l;dwoo :uolun uodog y;ul s;y6u uolslnl; snods;o los niloaoo 'EWE 'I'MOyslool9 69 Z9 -L E 'd Z'oN Z7 ion soolwguoo3 sopn;s3 0n1109dsd ;sn1ll;uy y; ul El 10 qnld puo ogolo;o soo yl'zipz =i1zom V! s1y6121 llog;oo3 6ul;soopoolg 0 so;;ow to subscribe to difficult it fd my consumers however, downside, On rights. pckge full for bid to pockets deep hve not my who entrnts smller new by ccess fcilittes it tht is pckges mny to rights splittg with dvntge The mrket. benefits term long hs tht condition terested be would Authority end In rights. splittg gst nd for rguments vrious re There owner. rights to benefit nd ccess wider ensure to prmount is split design The brodcster71. one thn more to m sell nd rights content split to owner rights requires splittg Rights splittg rights Impose exclusivity).70 term extension disguised s (regrded contrcts renewl utomtic no norm); generl s regrded beg yers three term ( exclusivity excessive no buyer; sgle thn more llowg "unbundled" be must rights tender open on sold be must y (d) (c) b) () conditions: followg stisfy be must rights sport sle tht pproch n dopted hs Commission Europen The mrketfi9. Europen border nd Brzil68 clude pckges seprte to rights sport unbundled hve tht Jurisdictions stnce. for IPTV nd tv mobile nd tv subscription s such pltforms different on vilble rights mkg usully buyer, one thn more to rights ferg volves rights sport unbundlg The unbundlg Introduce

86 STAATSKOERANT, 25 AUGUSTUS 2017 No ) Frnce CnlSt/TPS, 2003; Itly Newscorp/Telepiù, 2002; Sp Digitl, /Vi Sogecble (e.g. content premium over control with opertor domnt creted which mergers -tv py number on imposed been hve remedies -fer must wholesle Europe, Elsewhere Afric. South Sector ICT Stte ICASA. 74 piferl.lmm4fyrr4-rd9gqslf 4fCOm,Qr,g,Vk14!!!4reí1Q4nsu:'P11onslwrrq'e5olp htro:fistokçho' ers 2003 Autumn - t Avilble obligtion. -fer must wholesle TV py Review Ofcom Number Newsletter. Policy Competition rights. medi sellg jot Footbll: T. Tt, 72 Lrrf T1=-:.r' A d d So c C o be still might -fer regultory Thus, UK. uptke result fixed trction, ged yet. s mture not still must wholesle- As levels74. low t hs connection is mrket s rpid s still brodbnd remedy75. form be is not brodbnd mrket fesible my connection mobile Africn nd tervention services possible brodbnd Although South OTT The Sky. on obligtion -fer must wholesle- remove to decided Ofcom result, As chnnels. or fer nd rights, sports key cquire to ble ws who (BT) plc Telecommunictions British by mrket -tv subscription to entry ws There content73. tv subscription ccessg mens dditionl providg devices new nd services Internet -top - over presence cresed n pltforms, nd fergs retil competg on content sports vilbility wider cludg sector -tv subscription developments number been hd re period terveng tht found nd obligtion -fer must wholesle- review undertook Ofcom 2014 In prices. regulted t distributors or to vilble mde be to se requirg chnnels, Sports Sky premium BSkyB's on regultion -fer must wholesle imposed Ofcom regultor communictions vestigtion, -yer three followg 2010, In fer must wholesle- Impose 8.5

87 90 No GOVERNMENT GAZETTE, 25 AUGUST 2017 (CASA 87 teroperbility, -box-top set surroundg complexities technicl to due However, costs. switchg lowerg by competition stimulte to help cn CPE Interoperbility consumers. for fctor hssle nd costs switchg high to leds which CPE, teroperbility lck to due is This required. re dish nd -box-top set new providers service switch to wnts customer tht event In dishes. receiver stellite nd -boxes -top set form equipment premise customer purchse to hve viewers moment t services brodcstg television subscription stellite DTH ccess to order In remedy: possible be could followg level downstrem At operbility ter box -top set Introduce 8.7 mrket Africn South fesible proposl bove context? Q26. Is entry. to brriers lowerg reby frstructure, existg utilise to entrnt new for circumstnces cretg by enhnced be my competition wy, this In regulted. re services se for prices guideles, Ofcom's Under EPG. on listed be will chnnels how bout certty hve y nd ccess, conditionl cludg services BSkyB's to ccess regulted hve y becuse frstructure pltform stellite digitl BSkyB's usg consumer to direct distribute to ble re chnnels services, pltform technicl on guideles Ofcom's cse In provider. brodcstg television subscription domnt on tke to ble better re fergs competitor which conditions crete cn terventions Technicl providers. brodcstg television subscription or to frstructure distribution ir open to provider domnt on obligtion n plcg volve would entry fosterg wy One remedies: possible be could followg level services technicl At network firm's domnt up Open 8.6

88 STAATSKOERANT, 25 AUGUSTUS 2017 No to subscription response sought re views Stkeholder filures mrket potentil ny mrkets. ddress brodcstg to sufficient be would lone lw competition wher nd tegrtion verticl mrket, chrcter nd nture dynmic entry, to brriers clude considered Fctors mrkets. proposed competition effectiveness considered lso Authority ECA, with le In phse. seekg formtion d conducte reserch vis vis mrkets, defg employ cn ority Auth tht struments nd pproch to reltion sought re views Stkeholder mrkets. technicl s well s levels downstrem nd upstrem, mrkets number re re tht suggests reserch The Document. Discussion to response stkeholders from put to subject re but proposed, been hve mrkets - sub nd mrkets vnt rele number A ch. vlue service television on bsed mrkets relevnt defe to proposes Authority The prticulr. services brodcstg television subscription on focuses n nd generl sector services brodcstg television nlyses Document Discussion The purposes. consulttion public for Document Discussion this compile to stkeholders some with meetgs -one -on one s well s reserch ternl own its nd 2016 July 11 on issued questionnire to responses used Authority The CONCLUSION 9. twvt Nmeekie bem*. mime* Oil wrg Rs! Offiwome0 whim tâmigi (ENO! emilikum fter MEE E

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