ict-law-and-regulation-south-africa-blog

Compliance Procedure Manual Regulations

Tue, 31 Jan 2012 15:35:10 +0100

ICASA published Compliance Procedure Manual Regulations and an Explanatary Note on 15 December 2011. The regulations repeat obligations found in other regulations, such as the requirement to file tariffs, call for the submission of additional reports by licensees, such as annual reporting on licensee details, and set out forms for the submission of information to ICASA by licensees.

Lisa Thornton Inc has developed a compliance manual setting out the licensee requirements found in all EC Act regulations, as well as those obligations found in the Electronic Communications and Transactions Act, the Regulation of Interception of Communications and Provision of Communication-related Information Act, and the Films and Publications Act. If you are interested in obtaining the manual, please contact us.

Local Loop Unbundling

Fri, 02 Dec 2011 16:30:02 +0100

ICASA announced its findings in its inquiry re the ICASA Framework for Introducing Local Loop Unbundling (LLU) on 30 Nov 2011.

1. ICASA will consult, starting Feb 2012, on the process to establish an Access Line Deficit Recovery Scheme.
2. ICASA will engage the industry to ensure the price of IP Connect is reduced, from March 2012.
3. ICASA will engage the industry, starting Feb 2012, to ensure a Bitstream product is introduced by Nov 2012.
4. ICASA will conduct a Regulatory Impact Assessment (RIA) on the costs and benefits of LLU mid-2012.
5. After the results of the RIA, ICASA will conduct a Market Review and introduce LLU regulations.
6. ICASA will, in a separate process, undertake an inquiry into the unbundling of wireless access networks.

Electronic Communications Amendment Bill, 2011

Fri, 02 Dec 2011 15:22:38 +0100

UPDATE: The proposed Electronic Communications Amendment Bill was withdrawn on 23 Nov 2011.

The Department of Communications published the Electronic Communications Amendment Bill on the 4th Nov 2011, for public comment, due 19 Dec 2011. The Bill seeks to do a number of things, including -

- ensure that ICASA and the USAASA follow policy directions issued by the Minister (now, policy directions must only be considered)
- change the distinction between individual and class ECS licences to coincide with the distinction between individual and class ECNS licences, namely geography - class licences will be municipal and individual licences will be national or provincial
- eliminate the need for an invitation from ICASA for individual ECS and ECNS licence applications
- strengthen ICASA's authority over transfers of control of licences and allow ICASA to regulate for ownership restrictions
- limit the number of class licences any licensee may hold - to two
- shorten the registration process for class licences from 60 to 10 days
- give the Minister has control over spectrum planning (now, most of the control over spectrum planning rests with ICASA)
- remedy drafting defects in the current provisions relating to interconnection, facilities leasing and competition matters
- set up two additional goverment committees, one for spectrum and one for broadband

EC Act Compliance Issues

Tue, 30 Aug 2011 17:50:55 +0100

ICASA published a notice on 23 August 2011 calling all licensees to submit information to it by 30 August 2011, on ownership and control issues, in order to assist ICASA in carrying out an audit of shareholding of licensees. Although not indicated in ICASA's notice, the Standard Terms and Conditions of all licensees calls upon licensees to submit shareholding changes to ICASA within seven days of any such occurance.

For more information on this and other compliance issues in respect of licences, see this publication.

LTI has prepared a compliance manual for licensees, covering compliance issues stemming from the Electronic Communications Act, including the submission of reports and payment of fees, the Electronic Communications and Transactions Act, the Regulation of Interception of Communications and Provision of Communication-related Information Act, and the Films and Publications Act. Should you wish to purchase the manual, please contact us.

Digital Migration Policy - Proposed Amendments

Thu, 25 Aug 2011 15:21:34 +0100

The Minister of Communications published an intention to amend the digital migration policy issued in 2008. The amendments set the switch on date for dual illumination as April 2012 and the cutoff date for analogue TV for December 2013. In addition, the DVB-TS standard is proposed for digital terrestrial TV, DVB-S for digital satellite TV, and MPEG-4 as the compression standard, while existing services allowed to migrate when it is commercially viable. Set top boxes will be subsidised through the Universal Service and Access Fund. And set top boxes will have features enabling access to e-government services.

Spectrum Regulations

Tue, 12 Apr 2011 18:09:42 +0100

ICASA has finally replaced the old Radio Regulations made prior to the Telecommunications Act, with the Radio Frequency Spectrum Regulations published on 31 March 2011. The Regulations set out application procedures (standard and extended) and forms and application fees. They also incorporate the spectrum licence exemption regulations and set out special provisions for services such as amateur radio, communal repeaters, burlar alarms, and citizen band services. It would appear that these "services" are exempt from the service licence procedures, although not explicit.
The Regulations set out procedure for initiating the withdrawal of licences where the licences have not been used for a period of two years, procedures for the co-ordination of shared fequencies and for the transfer of spectrum licences.

ISP Obligations in terms of the Films and Publications Act

Fri, 01 Apr 2011 20:53:40 +0100

The Films and Publications Act is intended to regulate the distribution and exhibition of certain films and publications.

The Act was amended in 2004 to place registration and other obligations on Internet service providers (ISP). Internet service provider is defined in the Act as “any person who carries on the business of providing access to the Internet by any means”.

The Act requires every lSP to register with the FPB. The current registration fee is R462, with an annual renewal fee of R125.

The Act also requires ISPs to take all reasonable steps to prevent the use of services for the hosting or distribution of child pornography, and if there is knowledge that services are being so used, to -

take all reasonable steps to prevent access to child pornography by any person;
report the presence thereof and the particulars of the person maintaining, hosting or distributing to the South African Police Service (SAPS); and
take all reasonable steps to preserve any evidence.

If requested by the SAPS, an ISP must provide particulars of users who gained or attempted to gain access to child pornography.

Annual Contributions to the Universal Service and Access Fund

Wed, 16 Feb 2011 18:35:51 +0100

The Independent Communications Authority of South Africa amended the regulations regarding annual contributions to the Universal Service Fund on 10 Feb 2011. There are two noteworthy changes from the previously applicable regulations. The first is that the annual contributions will be due six (rather than three) months after a licensee's financial year end. This makes the due date simultaneous with the due date for annual licence fees applicable to service licences. The second is that the definition of "annual turnover", the basis upon which contributions are calculated, has been change to allow deductions for "service provider discounts, agency fees, interconnection and facilities leasing charges, government grants and subsidies".

Requirements of the Interception Legislation

Thu, 27 Jan 2011 21:29:57 +0100

Did you know that all electronic communications network service (ECNS) and electronic communications service (ECS) licensees are required to gather and retain personal information about customers in terms of the Regulation of the Interception of Communications and Provision of Communication-Related Information Act? For more information, contact info@thornton.co.za.

Special Temporary Licences

Wed, 19 Jan 2011 21:37:58 +0100

Did you know that special temporary authorisations are available for purposes of testing, demonstrations and research and development. For more information, contact info@thornton.co.za.