South Africa’s StarTimes-backed pay-TV operation StarSat is still on air despite regulator Icasa ordering it to shut down. StarSat operates under a licence issued to On Digital Media (ODM) in 2008, which has now expired.StarTimes has said that its StarSat platform will continue operating despite the Independent Communications Authority of South Africa (Icasa) ordering it to shut down.StarTimes owns 20 per cent of ODM, the maximum ownership allowed for a foreign company in a South African media business. StarSat/ODM are now exchanging letters and counter arguments with Icasa regarding the precise position as each sees it.ODM was due to re-apply for a licence to operate in July 223. It actually submitted its application on November 10th 2023. ODM admitted its lateness was down to “challenges in securing new investment in a competitive market, along with the introduction of a new shareholders’ agreement and the economic pressures following the Covid-19 pandemic.” The broadcaster added that it had sought guidance from Icasa on addressing the regulatory challenges but “did not receive the necessary support.”Icasa is sticking with the letter of the law, saying; “The authority does not have the legislative or regulatory mandate to consider a renewal application for a licence that has already expired […] Nevertheless, section 15(2)1 of the ECA affords the authority the discretion to allow a licensee whose licence has expired to continue providing services for which it was licensed to wind up the licensee’s affairs and to protect its customers.”“On 18 March 2024, [Icasa] decided that ODM should wind up its affairs and cease providing broadcasting services by 18 September 2024 and further inform its subscribers. The authority once again urges all licensees to submit their renewal applications on time and in the prescribed manner,” Icasa continued. “This is a legal requirement so South African citizens are not denied access to communication services. Broadcasting services play a vital role in, amongst others, building social cohesion, enabling economic growth, and ensuring the dissemination of information, entertainment and education,” concluded Icasa.ODM CEO Debbie Wu commented: “We can assure you and the public that On Digital Media/StarSat will not be closing its operations anytime soon”. Wu said the company is liaising with Icasa on the way forward. She added that ODM is exploring all the regulatory and legal issues surrounding its licensing.
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