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 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 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 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 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 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 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 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 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 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 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 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 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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