Lisa Thornton Consulting

After apparently approving the transfer of control of the Neotel licences in a regulatory vacuum, ICASA finally proposes regulations that will govern transfers of control of iECNS/iECS licences.

The proposed regulations are set out in the amended Process and Procedures Regulations.  Significantly, the regulations are being amended to conform to the amendments to the EC Act which came into force in 2014, which require transfers of control, as well as transfers of licences, to be prior approved by ICASA.

In addition, the following amendments are proposed.

- applicants must submit five hard copies and one soft copy of applications
- no applications will be considered if the licence in question has not paid all fees
- no application will be granted unless at least 30% of the new ownership is HDPs

In addition, ICASA has proposed certain amendments to the Standard Terms and Conditions Regulations.

- both iECNS and iECS licences must commence operations within 12 months and if they do not, they must submit a report from an external auditor indicating nil revenue.
- the requirement for tariff reporting is repealed (however, cross reference to it remains in the Compliance Procedure Regulations).

The draft regulations are open for comment until 7 August 2015.