Showing Tag: "ownership and control" (Show all posts)

Vodacom purchase of Neotel inches closer

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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ICASA proposes transfer of control regulations

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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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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EC Act Compliance Issues

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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Ownership and Control: Broadcasting

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...
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Ownership and Control Discussion Document

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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