Communications Minister on Readiness for 4IT

Posted by LA Thornton on Monday, January 6, 2020
The Minister of Communications announced several new initiatives and provided updates on others, in support of its readiness to lead the fourth industrial revolution (4IR) in South Africa.

1.  The appointment (and later withdrawal) of an administrator (of a repurposed universal service agency) to implement digital migration, and repurposing the universal service fund to a 4IR fund

2.  The appointment of an administrator (of a new technology company) to oversee government IT spend

3.  The pending...

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Interception Legislation Unconstitutional

Posted by LA Thornton on Wednesday, October 2, 2019
In the North Gauteng High Court, in Amabhungane Centre for Investigative Journalism NPC and Another v Minister of Justice and Correctional Services and Others, Judge Sutherland has found that certain provisions of the Regulation of Interception of Communications and Provision of Communication Related Information Act are unconstitutional.  

First, RICA is unconstitutional because it does not provide for notice (after the fact) of the interception.  Second, there are not adequate safeguards in p...

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High Demand Spectrum Policy and Policy Direction re licensing of WOAN

Posted by LA Thornton on Wednesday, July 31, 2019
The Minister of Communications, on 26 July 2019, published policy on high demand spectrum and a policy direction issued to the Independent Communications Authority of South Africa (Icasa) for the licensing of a wireless open access network.

The spectrum policy provides for preferential treatment for assignment of spectrum to WOAN in the 700 MHz, 800 MHz, and 2600 MHz bands.  The assignment of high demand spectrum to others must meet certain conditions, including that the other licensee must pr...
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Inquiry into Subscription Television Broadcasting Services

Posted by LA Thornton on Tuesday, August 29, 2017
The Independent Communications Authority of South Africa has published a Discussion Document in its Inquiry into Subscription Television Broadcasting Services.  This is the inquiry that must proceed regulations that -

1.  define markets,
2.  determine if there is ineffective competition in those markets,
3.  identify licensees with significant market power in those markets, and
4.  impose appropriate pro-competitive licence conditions on licensees with significant market power.

The following ma...
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National Integrated ICT Policy White Paper - Part 4

Posted by LA Thornton on Monday, December 5, 2016
The National Integrated ICT Policy White Paper was published 26 September 2016.  The White Paper deals with many issues.  In this part IV of the series, we will look at the rapid deployment policy, dealing with how licensees acquire rights of ways to construct or install infrastructure. 

Background

The Electronic Communications Act (EC Act) grants to all electronic communications network service (ECNS) licensees certain rights regarding access to land, including, inter alia, the following. 
  • to e...

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National Integrated ICT Policy White Paper - Part 3

Posted by LA Thornton on Tuesday, November 22, 2016
The National Integrated ICT Policy White Paper (White Paper or ICT Policy) has been published, 26 September 2016.   In this part 3 of a series, we unpack the spectrum policy (including the issue of a wireless open access network). 

The White Paper rightly characterizes the policy on spectrum as a paradigm shift.  As such, amendments to existing legislation will be required before the policy can be effected.  Some of the specifics are discussed herein.

There are three aspects of the spectrum pol...

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National Integrated ICT Policy White Paper - Part 2

Posted by LA Thornton on Wednesday, November 16, 2016
The National Integrated ICT Policy White Paper (White Paper) was published 26 September 2016.  Although the White Paper deals with many issues, there appear to be three pillars upon which it rests.  First, is the concept of open access. Second, is the issue of spectrum assignments.  Third, is the rapid deployment policy dealing with how licensees acquire rights of ways.  

In this part II of the series, we will look at the open access policy (excluding the issue of a wireless open access networ...

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Namibian High Court rules licence fee provision in Communications Act unconstitutional

Posted by LA Thornton on Thursday, October 20, 2016
The Namibian High Court in Windhoek has ruled that section 23(2)(a) of the Communications Act is unconstitutional.  Section 23(1) permits the regulator, the Communications Regulatory Authority of Namibia (Cran), to make regulations setting out licence fees.  Section 23(2) provides ways to do this.  Section 23(2)(a) provides that Cran may tie the fees to the revenue of licensees.  

The court ruled that section 23(2)(a) permits Cran to impose fees without carrying out a estimated costs of relega...
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National Integrated ICT Policy White Paper - Part 1

Posted by LA Thornton on Wednesday, October 12, 2016
The National Integrated ICT Policy White Paper, dated 26 September 2016, has been published.  In this part 1 of a series, we will to set out the proposed new institutional structures for regulating the ICT industries.  Subsequent parts in the series will deal with specific issues, such as spectrum, universal access, the deployment of infrastructure, and Internet governance.

It is worth noting that all of the existing regulatory structures, including ICASA, USAASA and the .za DNA will be replac...

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