60 No. 37261 GOVERNMENT GAZETTE, 24 JANUARY 2014 8.5 Licensing and spectrum Current policies relating to broadcasting are largely met through licences (both individual and class). This allows specific requirements to be set for individual broadcasting services. The broadcaster is a South African registered legal entity which is held accountable for requirements set in licence conditions and relevant regulations. In line with this, sections of the radio frequency spectrum are set aside for terrestrial Licensing processes then consider, among other things, the target audience needs, what other services are available, how the aspirant licensee intends to meet key objectives (such as South African content and language mandates) and the broadcasting services. requirements in legislation of diversity. Satellite services also require a broadcasting licence, although they do not utilise sections of the spectrum set aside for broadcasting services. Broadcasting licences typically determine a licence area to ensure there is no interference with other services and promote diversity and fair competition. With the migration to DTT, sections of the radio frequency spectrum currently allocated to broadcasting services will be freed for use by other sectors and therefore increase access to, for example, mobile broadband. New services using the spectrum previously allocated to broadcasting will undoubtedly provide content services to drive take up and these could directly compete with licensed broadcasters. Spectrum currently allocated to electronic communications services and networks will also be used to distribute audio-visual and audio content. As noted previously, at the moment, many of these services will be competing with traditional broadcasters, but will not necessarily require a broadcasting licence or therefore have to meet public interest obligations linked to broadcasting. The notion of a "licence area" for particular services will also be irrelevant in these circumstances. 8.6 The three tier system Several Framing Paper submissions highlighted areas where current policy objectives for the different tiers have not necessarily been met and therefore suggested that the mechanisms in place in the White Paper, related to legislation and/or regulations be reviewed during this policy process. Both Government and Parliament have highlighted in particular the need to review the role of the public broadcaster, the governance of the SABC and funding for public broadcasting. The three tier system (public, private and community broadcasting) is one of the key means in the current regulatory framework to facilitate freedom of expression and ensure objectives relating to, for example, diversity of ownership and content are met. The public broadcaster has a specific mandate set out in a legislative Charter to fulfil key public goals such as universal access, providing a range of programming in all official South African languages and airing educational programming. Current policy recognises the positive role that can be played by the private commercial broadcasting sector (free to air and subscription) in fostering diversity of services, content, employment for producers, artists and broadcasters as well as increasing diversity of ownership. The regulator in licensing new services has to have due consideration for diversity, along with the demand and need for the proposed station or channel. Policy also stipulates that the regulator must set specific requirements in relation to public interest objectives such as the airing of South African content, broadcasting news and information programmes and commissioning of independent producers. More extensive conditions are placed on the free-to-air private commercial sector than the subscription sector. 56 This gazette is also available free online at www.gpwonline.co.za