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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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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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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Posted by LA Thornton on Wednesday, July 31, 2019,
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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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.
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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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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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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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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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Posted by LA Thornton on Wednesday, September 14, 2016,
On 12 Sept 2016, ICASA has published a "courtesy notice", reminding licensees of certain obligations regarding the submission of fees and reports to ICASA. In the notice, ICASA also warned licensees that if they failed to meet their obligations, "any application; request and or notification made by the Licensee to the Authority may not be considered". Other enforcement action could include referral to the Compliance and Compliants Committee or invocation of section 17H of the ICASA Act
The no...
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Posted by LA Thornton on Wednesday, March 30, 2016,
ICASA has released a slew of government notices from March-April 2016, which include the following.
- South African Music Regulations, 23 March 2016
- South African Local Content Reasons Document - March 2016
- Local Television Content Regulations, 23 March 2016
- Increased fees associated with spectrum licences effective 1 April 2016
- Amendment to the Guidelines Relating to Type Approval Framework to extend the time for ICASA to process type approval applications from 15 to 30 working days
- Increased admin...
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Posted by LA Thornton on Tuesday, March 1, 2016,
In the Gauteng Division of the High Court, judgement was handed down in all of the cases challenging ICASA’s decision in the proposed Vodacom/Neotel transaction finding the following.
* ICASA’s ex parte meeting(s) with the parties were unlawful and therefore ICASA is “reasonably suspected of bias” in deciding the matter.
* ICASA was obligated to consider the issue of competition within the ICT sector when considering the matter.
* Applications for transfer of control of licences must me...
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Posted by LA Thornton on Thursday, October 29, 2015,
The Department of Communications has issued a notice that it will introduce the Films and Publications Amendment Bill, 2015 in Parliament in November 2015. Copies of the bill may be obtained after its introduction from khayalethu@doc.gov.za.
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Posted by LA Thornton on Thursday, September 10, 2015,
ICASA published a Discussion Document for comment due 27 November 2015, in respect of licensing options for the V band (57-66 GHz band) and the E band (71-76 paired with 81-86 GHz bands).
ICASA proposes licence exempt status for the V band and a light licensing approach for the E band.
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Posted by LA Thornton on Thursday, September 10, 2015,
The Independent Communications Authority of South Africa issued an invitation to apply for Multiplexer 3 (MUX 3) Radio Frequency Spectrum Licence to Provide Commercial Television Broadcasting Services on 1 September 2015 (and again on 10 September 2015). The process will proceed in two stages. The first is a prequalification stage. The second is a sealed bid stage. Prequalification documents are due 30 November 2015. In order to prequalify, an entity must be a broadcasting licensee and ...
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Posted by LA Thornton on Tuesday, July 7, 2015,
On 30 June 2015, the Competition Commission released a media statement announcing that it has recommended to the Competition Tribunal, the approval of the merger of Neotel and Vodacom. The recommendation included certain conditions.
1) Vodacom may not use Neotel’s spectrum until 31 December 2017. Hopefully, the Tribunal will tie the time period to the implementation of equitable spectrum policy by ICASA.
2) Vodacom must commit to R10 billion investment in infrastructure within 5 years. T...
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Posted by LA Thornton on Tuesday, June 30, 2015,
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...
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Posted by LA Thornton on Tuesday, April 21, 2015,
By a notice published on 20 April 2015, ICASA has appeared to have amended its reporting requirements in respect of licence fees and universal service and access fund contributions.
The following reporting requirements are currently in force.
1. FORM 2, BASIC FINANCIAL REPORTING FORM, PAYMENT OF LICENCE AND USAF FEES, must be submitted along with payment of the required annual licence fees and contributions to the USAF, within six months of a licensee's financial year end. FORM 2 was publis...
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Posted by LA Thornton on Thursday, December 18, 2014,
ICASA has published a notice of hearings to be held in the proposed transaction between Neotel and Vodacom on 15-16 January 2015. This notice follows a call for written comment on the proposed transaction in September 2014.
It is not certain whether these hearings concern only the service licences of Neotel or both the service and spectrum licences, as neither notice mentions provisions of the EC Act concerning spectrum.
It is also not certain under what authority the proceedings are taking...
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Posted by LA Thornton on Monday, December 8, 2014,
On December 2 2014, the President published a proclamation re-assigning the administration of powers and functions of the ICASA Act and EC Act to the now separate Ministry of Communications and Ministry of Telecommunications and Postal Services.
This new attempt to unscramble the egg is a far better attempt than the
original notice. However, difficulties remain.
ICASA ActThe MoC has the authority in terms of section 14A of the ICASA Act to approve the appointment of experts by ICASA (in cert...
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Posted by LA Thornton on Monday, December 1, 2014,
On 27 November 2014, ICASA gave notice that it had accepted an application for the transfer of control of the service (and spectrum) licences of the subsidiaries of Business Connexion Group Ltd to Telkom SA SOC Ltd.
ICASA stated that the application was submitted in terms of section 13 of the EC Act, which concerns service licences. No reference was made to the provisions of the EC Act concerning spectrum licences.
ICASA stated in the notice that it has"published a notice on 10 October 2014 ...
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Posted by LA Thornton on Wednesday, November 26, 2014,
Go
here for an analysis of ICT policy, legislation and regulation in South Africa in 2014.
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Posted by LA Thornton on Tuesday, November 18, 2014,
On 14 November 2014, the Minister of Telecommunications and Postal Services published the 299 page
National Integrated ICT Policy Discussion Paper. Comments are due by 15 January 2015.
The paper covers a wide range of issues. Below is the outline of the Paper presented in its introductory chapter.
Key Principles and Approaches - identifies key principles and issues that affect all ICT related sectors, including core regulatory principles, green ICT policies and approaches to ensuring an open ...
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Posted by LA Thornton on Tuesday, October 14, 2014,
On 10 October 2014, ICASA published a
warning to iECS and iECNS licensees that transfer applications will not be approved "which do not have 30% equity ownership by HDGs", if filed after the publication of the warning.
Questions:
Will applications submitted prior to 10 October 2014 that do not have 30% equity ownership, be approved?
Does the warning amend the Licensing Process and Procedures Regulations, 2010, which state that ICASA has the authority to not approve (or approve) transfer applicat...
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Posted by LA Thornton on Monday, September 22, 2014,
The book, Electronic Communications Law and Regulation in South Africa, is a new online collaborative project. Learn more
here.
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Posted by LA Thornton on Friday, July 18, 2014,
On 25 May 2014, the President established the new Ministries of Telecommunications and Postal Services and Communications.
The
Communications Ministry is, according to the President's media statement, to be responsible for communication policy and
strategy, information dissemination and publicity, and branding SA
abroad, and "will be formed out of" ICASA, the SABC, GCIS, Brand SA and the MDDA.
On 26 June 2014, the President announced the establishment of the following ministerial cluste...
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Posted by LA Thornton on Friday, July 11, 2014,
On 7 April 2014, the President assented to the Electronic Communications Amendment Act, 2014 (EC Amendment Act). It came into operation 21 May 2014. A number of the amendments eliminate anomalies that existing in the previous version of the legislation. Those are not detailed here. The more substantive changes include the following.
Individual service licences
LicensingThe following language is deleted from the individual service licensing provisions: “In consideration of the implementati...
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Posted by LA Thornton on Friday, May 30, 2014,
On 7 April 2014, the President assented to the Independent Communications Authority of South Africa Amendment Act, 2014 (ICASA Amendment Act). It came into operation 10 May 2014. Some of the provisions that are noteworthy include the following.
Extended scope of ICASA - Electronic TransactionsICASA regulates the electronic communications industries, including telecommunications and broadcasting. In 2006, its role was expanded to postal matters. The Amendment Act again expands the role of I...
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Posted by LA Thornton on Thursday, May 29, 2014,
The President announced, on 25 May 2014, the establishment of the Minstry of Telecommunications and Postal Services and the new Communications Ministry to be responsible for communication policy and strategy, information dissemination and publicity, and branding SA abroad.
Dr Siyabonga Cwele is the Minister of Telecommunications and Postal Services and Ms Hlengiwe Mkhize the Deputy Minister.
Ms Faith Muthambi is the Minister of Communications and Ms Stella Ndabeni-Abrahams the Deputy Minister...
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Posted by LA Thornton on Thursday, May 22, 2014,
ICASA, in response to the court ruling that its 2014 call termination regulations were invalid, called on all ECNS and ECS licensees to respond to four questionnaires. Included is an information request in respect of a section 4B market inquiry into VoIP. The completed questionnaires are due
13 June 2014. The deadline for the call termination questionnaires is 20 June 2014 and for the VoIP questionnaire, 3 July 2014.
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Posted by LA Thornton on Thursday, May 22, 2014,
The President determined 10 May 2014 the day the ICASA Amendment Act came into force.
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Posted by LA Thornton on Wednesday, April 9, 2014,
The President has signed into law the Independent Communications Authority of South Africa (ICASA) Amendment Act, 2013 and the Electronic Communications (EC) Amendment Act, 2013, both on 7 April 2014. The ICASA Amendment Act will come into force on a date to be set by the President and the EC Amendment Act on a date or dates to be set by the Minister of Communications.
Many of the amendments appear to be intended to clear up procedural difficulties in the primary legislation, which has
hamper...
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Posted by LA Thornton on Monday, April 8, 2013,
On 28 March 2013, ICASA published the General Licence Fees Regulations, 2012, repealing the Licence Fees Regulations of 2009.
The new regulations change the way in which licence fees are calculated. The fees used to be based on profit. Now they are based on revenue. In addition, the percentage applied to the revenue is on a sliding scale, from 0.15% to 0.35% for revenue above 1 000 000 000.
The new regulations came into effect on 1 April 2013.
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Posted by LA Thornton on Tuesday, November 27, 2012,
The DoC has published the Independent Communications Authority of South Africa Amendment Bill, 2012. Comments are due
10 January 2013.
The Bill proposes a number of changes, including the following.
*It creates a new Complaints and Compliance Commission, separate from ICASA, and appointed by the Minister. The Commission will hear all complaints between licensees and licensees and ICASA.
*Where before ICASA had to only consider policy directions issued by the Minister, the Bill proposes tha...
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Posted by LA Thornton on Wednesday, August 8, 2012,
The Minister of Communications has published the Electronic Communications Amendment Bill, 2012 for comment due 29 August 2012.
Two classes of individual ECNS licences?
In the Memorandum on the objects of the Bill, one is led to believe that the amendment to section 20 of the Act would limit the rights of certain individual ECNS licensees in respect of gaining rights of way. However, upon examination of the proposed amendment, it appears that this would not be the result. The proposed amendme...
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Posted by LA Thornton on Wednesday, February 8, 2012,
Did you know that ICASA ECS and ECNS licensees must submit approximately 18 reports to ICASA every year? These reports include, for example, information on tariffs, network coverage, complaints, and licensee finances.
Some of ICASA's regulations require annual reporting, such as financial reporting, some require bi-annual reporting and some require quarterly reporting, such as network coverage and other "sectoral planning" data.
If you are interested in a guide to licensee's compliance obligat...
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Posted by LA Thornton on Tuesday, January 31, 2012,
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 Ac...
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Posted by LA Thornton on Friday, December 2, 2011,
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 Assessmen...
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Posted by LA Thornton on Wednesday, November 9, 2011,
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 coin...
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Posted by LA Thornton on Tuesday, August 30, 2011,
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 licenc...
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Posted by LA Thornton on Thursday, August 25, 2011,
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 thro...
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Posted by LA Thornton on Tuesday, April 12, 2011,
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 "...
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Posted by LA Thornton on Friday, April 1, 2011,
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 ...
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Posted by LA Thornton on Wednesday, February 16, 2011,
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...
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Posted by LA Thornton on Thursday, January 27, 2011,
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.
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Posted by LA Thornton on Wednesday, January 19, 2011,
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.
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Posted by LA Thornton on Friday, January 7, 2011,
ICASA published a second draft of "compliance manual" regulations on 20 December 2010, for public comment due 18 January 2011. The compliance manual calls for no less than eight new reports that licensees will be required to submit to ICASA, if the regulations are enacted. These reports include two that will be due quarterly, with respect to compliance with the E-rate regulations and code of conduct regulations. Comments on these draft regulations are due by no later than
31 January 2011. ...
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Posted by LA Thornton on Wednesday, December 29, 2010,
Did you know that all licensees must ensure that their services are accessible and available to people with disabilities. For more information, contact info@thornton.co.za.
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Posted by LA Thornton on Wednesday, December 1, 2010,
Did you know that all licensees must provide a 50 percent discount to public schools and universities for Internet services, including connectivity charges, charges for equipment and charges for calls to an Internet service provider? For more information, contact info@thornton.co.za.
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Posted by LA Thornton on Thursday, November 18, 2010,
Did you know that all individual electronic communications service and electronic communications network service licensees must file tariffs with ICASA? For more information, contact info@thornton.co.za.
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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,
Update: ICASA withdrew the invitation on 29 July 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 purpo...
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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...
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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...
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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 ...
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Posted by LA Thornton on Wednesday, March 3, 2010,
On 15 Feb 2010, ICASA published final
Digital Migration Regulations following an aborted attempt to finalise the regulations in July 2009. ICASA considered the
Broadcasting Digital Migration Policy published by the Minister in Sept 2008, although it did not follow it completely.
The publication of the Digital Migration Regulations was accompanied by a
Reasons Document on Digital Migration, detailing the process and ICASA’s reasoning.
Back in 2008 when the Minister published the Digital Mig...
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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...
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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...
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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...
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Posted by LA Thornton on Monday, December 7, 2009,
ICASA published another set of draft facilities leasing regulations for public comment. You can download a copy
here.
In case you were wondering - yes, you have seen draft facilities leasing regulations before, not once, but twice, since the coming into force of the EC Act.
ICASA published draft facilities leasing regulations in Government Gazette 30091 dated 24 July 2007. Those draft regulations were pretty good, eliminating most of the problems with the existing regulations, which had been p...
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Posted by LA Thornton on Monday, November 30, 2009,
In 2009, the Altech litigation concluded, resulting in the licensing by ICASA of hundreds of potential competitors to the dominant incumbents, Telkom, Vodacom and MTN.
Real competitiveness however relies on more than new licences. It requires an effective legislative and regulatory framework, among other things. I would like to take the opportunity of the year end to offer my thoughts on some regulatory priorities for 2010.
Key aspects of an effective regulatory framework include effectiv...
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Posted by LA Thornton on Wednesday, November 11, 2009,
Wow, what a lot of noise about call termination rates!
Don't get me wrong, this noise is far better than the almost complete silence on the matter for the past decade. My optimism says the mobile providers will reduce their call termination rates in accordance with the agreement announced by the Minister today. Even greater optimism says that this will translate into a reduction in retail rates.
However, this will not solve the real problems that exist. ICASA needs to be able to regulate e...
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Posted by LA Thornton on Tuesday, May 12, 2009,
Lisa Thornton Inc welcomes the new Minister of Communications, Mr Siphiwe Nyanda and the new Deputy Minister, Dina Pule.
The ANC's main election promise was to provide services to those that had up to now, been left out, including education, health care and housing. Electronic communications is increasingly being seen as an essential service, much like water and electricity. Although South Africa has not succeeded in providing universal service to electronic communications, the opportunity...
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