Showing Tag: "icasa" (Show all posts)

Another attempt to unscramble the egg - Two new ministries for electronic communications revisited

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 Act

The 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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Licence Transfers of Control (and BEE) - More Confusion?

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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Licence transfers and BEE - ICASA notice raises more questions than answers

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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Electronic Communications Amendment Act, 2014

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

Licensing

The following language is deleted from the individual service licensing provisions:  “In consideration of the implementati...
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ICASA Amendment Act, 2014

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 Transactions
ICASA 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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ICASA Amendment Act comes into force

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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President assents to ICASA Amendment and EC Amendment Acts

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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Independent Communications Authority of South Africa Amendment Bill, 2012

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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