Zone Radio is forced to turn off its Fm transmitter
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Since January, Zone Radio has been embroiled in a legal battle with ICASA. Despite our best efforts, they seem determined to shut down our radio station for reasons that appear both incomprehensible and irrational. Today was a critical day as our urgent interdict application was heard in the Pretoria High Court. There were only two possible outcomes: either we are granted the interdict, or at midnight, we will have to turn off our FM transmitter. Unfortunately, the ruling has gone against us, and we must turn off our transmitter.
From the outset of this saga, Judy and I decided to keep this matter private until we had a definitive outcome. We did not want to place any unnecessary burden on our incredible team of presenters.
Here is the background to our current situation:
Every broadcast license issued by ICASA must be renewed every five years. Our renewal was due in January this year. A year prior, we contacted ICASA to inquire about the renewal process and requirements. We were instructed to submit our application in January 2024, without a specific date given. We submitted our renewal application on January 25th, only to have it rejected because it should have been submitted by January 23rd. This two-day delay was the sole reason for the rejection. We were then advised by ICASA to submit a new application, which was also rejected, as was a subsequent one. The reason given for both rejections was that our studio is not located in a shopping mall. With each application, we were required to pay a R7500.00 nonrefundable application fee.
Initially, we planned to be in Sun Valley Mall when we launched our original application five years ago. However, this plan fell through after our license was granted. Since the Broadcast Act allows for "other commercial premises," we moved to our current location, which is registered as a commercial site. We notified ICASA of the address change in writing, and there was no objection at the time. All our monthly compliance reports included this address, and ICASA never raised it as an issue. Now, suddenly, this is being cited as a reason for rejecting our applications. According to ICASA, we should be in a mall and restrict our broadcasts to the mall, which is impractical since a radio signal cannot be contained within a single building. By nature, a 1-watt transmitter will carry the signal to a radius of 5 to 10 kilometers.
Another reason for rejection is the claim that a signal broadcast by 5fm from a transmitter in Paarl (about 100 km away) will interfere with our frequency on 88.5 and negatively impact our broadcasts. In the five years we have broadcast on 88.5, this has never been the case, and there have been no complaints about interference from 5fm or us. Now, for reasons that defy logic, this is suddenly a problem and a basis for rejecting our spectrum license.
All of this has led to costly litigation, for which we are going to have to start a fundraiser.
We want to express our deepest gratitude to John McKnight, who has generously given his time and legal expertise free of charge to help us fight this battle every step of the way. He has been a valuable ally, both legally and morally, and without his assistance, we would not have come this far.
Where does this leave us? We have a very large online audience and will continue to broadcast online as ICASA has no control over online broadcasts. There are options available to us, and all is not lost. We will keep you informed as developments unfold.
We deeply appreciate each one of you, our listeners, and are genuinely grateful for your support. We are also deeply indebted to our advertisers and sponsors, most of whom have confirmed their continued support. Finally, we wish to thank our dedicated team of presenters, each of whom continues to contribute to the success of Zone Radio. We assure you that we will continue to fight for your right to be heard.
From the outset of this saga, Judy and I decided to keep this matter private until we had a definitive outcome. We did not want to place any unnecessary burden on our incredible team of presenters.
Here is the background to our current situation:
Every broadcast license issued by ICASA must be renewed every five years. Our renewal was due in January this year. A year prior, we contacted ICASA to inquire about the renewal process and requirements. We were instructed to submit our application in January 2024, without a specific date given. We submitted our renewal application on January 25th, only to have it rejected because it should have been submitted by January 23rd. This two-day delay was the sole reason for the rejection. We were then advised by ICASA to submit a new application, which was also rejected, as was a subsequent one. The reason given for both rejections was that our studio is not located in a shopping mall. With each application, we were required to pay a R7500.00 nonrefundable application fee.
Initially, we planned to be in Sun Valley Mall when we launched our original application five years ago. However, this plan fell through after our license was granted. Since the Broadcast Act allows for "other commercial premises," we moved to our current location, which is registered as a commercial site. We notified ICASA of the address change in writing, and there was no objection at the time. All our monthly compliance reports included this address, and ICASA never raised it as an issue. Now, suddenly, this is being cited as a reason for rejecting our applications. According to ICASA, we should be in a mall and restrict our broadcasts to the mall, which is impractical since a radio signal cannot be contained within a single building. By nature, a 1-watt transmitter will carry the signal to a radius of 5 to 10 kilometers.
Another reason for rejection is the claim that a signal broadcast by 5fm from a transmitter in Paarl (about 100 km away) will interfere with our frequency on 88.5 and negatively impact our broadcasts. In the five years we have broadcast on 88.5, this has never been the case, and there have been no complaints about interference from 5fm or us. Now, for reasons that defy logic, this is suddenly a problem and a basis for rejecting our spectrum license.
All of this has led to costly litigation, for which we are going to have to start a fundraiser.
We want to express our deepest gratitude to John McKnight, who has generously given his time and legal expertise free of charge to help us fight this battle every step of the way. He has been a valuable ally, both legally and morally, and without his assistance, we would not have come this far.
Where does this leave us? We have a very large online audience and will continue to broadcast online as ICASA has no control over online broadcasts. There are options available to us, and all is not lost. We will keep you informed as developments unfold.
We deeply appreciate each one of you, our listeners, and are genuinely grateful for your support. We are also deeply indebted to our advertisers and sponsors, most of whom have confirmed their continued support. Finally, we wish to thank our dedicated team of presenters, each of whom continues to contribute to the success of Zone Radio. We assure you that we will continue to fight for your right to be heard.
