THE UNITED REPUBLIC OF TANZANIA TANZANIA COMMUNICATIONS REGULATORY AUTHORITY Ref. No. A. 70/225/30 Date: 06th June, 2013 Managing Director Star Media (Tanzania) Limited P.O.Box 33622, Mikocheni DAR ES SALAAM RE: IN THE MATTER OF REMOVAL OF STAR TELEVISION FREE TO AIR SIGNALS FROM STAR MEDIA DIGITAL PLATFORM COMPLIANCE ORDER (Issued pursuant to Section 45 of the Tanzania Communications Regulatory Authority Act, Cap. 172 of the Laws of Tanzania as amended by Section 179 of the Electronic and Postal Communications Act, Cap. 306 of the Laws of Tanzania) WHEREAS: A. On 8th June, 2010 the Tanzania Communications Regulatory Authority (herein after referred to as “the AUTHORITY”) issued to Star Media (Tanzania) Limited (herein after referred to as “the LICENSEE”) Network Facilities License (herein after referred to as the “LICENCE”) for provision of signal transmission services (herein after referred to as “the SERVICES”), and was assigned frequencies for provision of the Licensed services, and; B. Under the LICENCE the LICENSEE is obliged to ensure that all free to air channels are accessible without any subscription fees on any digital platform through an integrated digital television or a set top box; C. On the 9th day of June, 2013 the AUTHORITY apprehended that the LICENSEE had removed from its digital platform the free to air signals of Star Television (herein after referred to as the “CONTENT SERVICE PROVIDER”); NOW THEREFORE the AUTHORITY does hereby: 1. DECLARE that the LICENSEE’S removal from the digital platform of the free to air signals of the CONTENT SERVICE PROVIDER contravenes the must carry obligation of the LICENSEE as prescribed under Regulation 14(2)(a) and availability of services obligation as prescribed under Regulation 13(2)(h) of the Electronic and Postal Communications (Digital and Other Broadcasting Networks) Regulations, G.N. Number 418 of 2011; all of which amount to breach of license obligation; 2. ORDER the LICENSEE to resume the must carry obligation and re-instate in the digital platform the free to air signals of the CONTENT SERVICE PROVIDER by this 10th day of June, 2013 before 4.00 p.m.; 3. ORDER the LICENSEE to appear before the AUTHORITY on Monday 17th June, 2013 at 10.00 a.m. to show cause why legal and regulatory actions should not be taken against it for abdicating its must carry obligation, thus contravening Regulations 14(2)(a) and 13(2)(h) of the Electronic and Postal Communications (Digital and Other Broadcasting Networks) Regulations, G.N. Number 418 of 2011. Should the Licensee fail, neglect or refuse to comply with this Order, the Authority will proceed to take legal and regulatory actions without any further notice and at the Licensee’s own risk as to costs and consequences of the legal and regulatory actions. THE UNITED REPUBLIC OF TANZANIA TANZANIA COMMUNICATIONS REGULATORY AUTHORITY Ref. No. A. 70/225/30 Date: 06th June, 2013 Managing Director Star Television P.O.Box 1732, MWANZA RE: IN THE MATTER OF WITHDRAWAL OF STAR TELEVISION FREE TO AIR SIGNALS FROM STAR MEDIA DIGITAL PLATFORM COMPLIANCE ORDER (Issued pursuant to Section 45 of the Tanzania Communications Regulatory Authority Act, Cap. 172 of the Laws of Tanzania as amended by Section 179 of the Electronic and Postal Communications Act, Cap. 306 of the Laws of Tanzania) WHEREAS: A. On 16th June, 2000 the Tanzania Communications Regulatory Authority (herein after referred to as “the AUTHORITY”) issued to Star Television (herein after referred to as “the LICENCEE”) a Content Services (TV) Licence (herein after referred to as the “LICENCE”) for provision of television content services (herein after referred to as “the SERVICES”), and; B. Under the LICENCE the LICENSEE is prohibited from intentionally interrupting or suspending the operation of the licensed system and services in the normal course of business without having first notified the AUTHORITY in writing and having provided reasonable advance notice to persons affected or likely to be affected by such interruption or suspension; C. On the 9th day of June, 2013 the AUTHORITY apprehended that the LICENSEE had instructed Star Media (Tanzania) Limited (herein after referred to as the “MULTIPLEX OPERATOR”) to remove from its digital platform the free to air signals of Star Television; NOW THEREFORE the AUTHORITY does hereby: 1. DECLARE that the LICENSEE’S withdrawal of its free to air signals from the digital platform of the MULTIPLEX OPERATOR amounts to intentionally interrupting or suspending the operation of the licensed system and services in the normal course of business without having first notified the AUTHORITY in writing and having provided reasonable advance notice to persons affected or likely to be affected by such interruption or suspension contrary to the provisions of Regulation 19(1) of the Electronic and Postal Communications (Digital and Other Broadcasting Networks) Regulations, G.N. Number 418 of 2011 and is also a breach of the quality of service as enshrined under Regulation 13(2)(h) of the same G.N. Number 418 of 2011 as regards availability of services, all of which amount to breach of license obligation; 2. ORDER the LICENSEE to re-instate transmission of its free to air signals through the MULTIPLEX OPERATOR by this 10th day of June, 2013 before 4.00 p.m.; 3. ORDER the LICENSEE to appear before the AUTHORITY on Monday 17th June, 2013 at 11.00 a.m. to show cause why legal and regulatory actions should not be taken against it for abdicating its obligation, thus contravening the provisions of Regulations 19(1) and 13(2)(h) of the Electronic and Postal Communications (Digital and Other Broadcasting Networks) Regulations, G.N. Number 418 of 2011. Should the Licensee fail, neglect or refuse to comply with this Order, the Authority will proceed to take legal and regulatory actions without any further notice and at the Licensee’s own risk as to costs and consequences of the legal and regulatory actions.
Posted on: Mon, 10 Jun 2013 13:51:17 +0000
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