Posted by LA Thornton on Wednesday, June 30, 2010
The Minister released for public comment the ICASA Amendment Bill, 2010. The Bill is aimed at clarifying the separate responsibilities of the CEO and Council, improving turn around times for complaints and creating a Tariff Advisory Council, according to the memorandum attached to the draft Bill. Some further notable changes brought about by the Bill include the following. - The addition of a provision making it ICASA's obligation to implement policy and policy directions. Currently, because of...
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Posted by LA Thornton on Tuesday, June 1, 2010
ICASA issued an invitation to apply for spectrum in the 2.6 GHz and 3.5 GHz bands in separate notices dated 28 May 2010. The applications are due to be filed with ICASA by 25 June 2010. ICASA also published a Reasons Document and Regulations on the procedures and criteria for granting licences where there are competing applications. The ITA for the 3.5 GHz band is to class electronic communications network service licensees for the purpose of providing municipal broadband wireless access. T... Continue reading...
Posted by LA Thornton on Tuesday, April 27, 2010
The Minister of Communications, General Siphiwe Nyanda, delivered his budget speech on 20 April 2010, indicating that the Broadband Policy has been finalised (but not yet published) and promising the introduction of an ICASA Amendment Bill, the Public Service Broadcasting Bill and an Electronic Communications Amendment Bill. The Minister thanked Vodacom, MTN, Cell C and Telkom for cooperating in reducing communications costs (by reducing too high call termination fees), and exhorted ICASA to... Continue reading...
Posted by LA Thornton on Tuesday, April 13, 2010
ICASA published a Reasons for Decision document on 7 April 2010 detailing a process that has led to its denial to Broadband Infraco, of an electronic communications service (ECS) licence. Broadband Infraco was earlier issued an electronic communications network service (ECNS) licence by ICASA. I must admit, I am a bit confused about this decision. Broadband Infraco, in terms of its own Act, has as it main object, to provide access to electronic communications by providing ECNS and ECS. How is... Continue reading...
Posted by LA Thornton on Thursday, March 4, 2010
On 16 Feb 2010, ICASA published a Discussion Document on the Regulation of Internet Protocol TV, for public comment, due 26 March 2010. ICASA indicates that the Discussion Document will lead to a regulatory framework for IPTV. It sets out comparative regulatory frameworks in various other jurisdictions and concludes with some questions regarding the appropriate manner (if at all) to regulate IPTV in South Africa. The Discussion Document asks fundamental questions like whether the EC Act ... Continue reading...
Posted by LA Thornton on Wednesday, February 3, 2010
ICASA is absolutely right. It may agree to contractual terms that limit its statutory obligation to regulate interconnection. It legally cannot do so, and as a matter of policy, should not do so. Well done! But is this stopping the three mobile cellular licensees from reducing interconnection rates? Absolutely not. Under the EC Act, ICASA must make regulations and after that, all interconnection agreements must be vetted by it to make sure they comply with the regulations. However, no reg... Continue reading...
Posted by LA Thornton on Wednesday, February 3, 2010
The compliance division of ICASA has sent out letters to (some of) those licensees who had their licences converted to ECNS and ECS licences in January 2009, requesting proof that the licences are being used. The Standard Terms and Conditions regulations require that operations must have begun, depending on the type of licence, within six to twelve months from the date the licence was issued. Wow. Of all the things ICASA could be doing to effectively regulate the industry, it is initiating a... Continue reading...
Posted by LA Thornton on Tuesday, January 12, 2010
ICASA's discussion document on ownership and control can be found here. Comments are due 19 Feb 2010. ICASA states that the result of the process in respect of broadcasting services is a recommendation to the Minister to alter the limitations on control provisions set out in the EC Act. You might recall that ICASA went through this same exercise in 2004 prior to the enactment of the
EC Act. It's recommendations were set out in a Position Paper on the Review of Ownership and
Control of Broad... Continue reading...
Posted by LA Thornton on Tuesday, January 12, 2010
ICASA recently published a discussion document on ownership and control for public comment. You can download a copy here. The issue is discussed separately for broadcasting services on the one hand, and electronic communications services on the other. ICASA has indicated that the result of this consultation process in respect of broadcasting services is a recommendation to the Minister to alter the limitations on control provisions set out in the EC Act. In respect of electronic communicati... Continue reading...
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