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UPDATE:  The proposed Electronic Communications Amendment Bill was withdrawn on 23 Nov 2011.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

1. The addition of a provision making it ICASA's obligation to implement policy and policy directions.  Currently, because of...

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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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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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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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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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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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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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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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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...
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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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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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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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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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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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