Documents

Findings on review of Universal Service Access Obligations

The research conducted then covered the following aspects: a. Analysis of the existing obligations imposed on licenses (see AnnexureC for sample analysis in addition to BMI-T report published by the Authority in March 2010) in terms of the then Telecommunications Act of1996. b. Investigation of compliance by licenses with imposed obligations and analysis of the reasons for the non-compliance; c. Assessment of the effectiveness of the current model; d. Bench-marking with similar international jurisdictions (See BMI-T report published in March 2010) as regards the implementation of USAOs; e. Recommendations on the way forward.

Under-Serviced Areas Definition Regulation

Under-Serviced Area is any area with a local or district municipality in which: (i) no electronic communications network has been constructed; or (ii) an electronic communications network has been constructed,but coverage of the inhabited parts of the area,fall below the national average; or (iii) an electronic communications network has been constructed,but over which no or, limited electronic communications services or broadcasting services are being provided as determined by the Authority from time to time.

NAB submission on EC Amendment Bill

On 18 July 2012, the Department of Communications published the draft Electronic Communications Amendment Bill, 2012 in Notice 572 of 2012, in Government Gazette No. 35525. Interested persons were invited to make representations on the draft Bill within 30 days of publication of the notice.

Amendment regarding gambling advertising

Dr Rob Davies, the Minister of Trade and Industry, in terms of section 87 of the National Gambling Act, 2004(Act No. 7 of 2004) after consulting the National Gambling Policy Council and on recommendation of the National Gambling Board, made the following amendments to the regulations in the Schedule.

The NAB submission to ICASA’s Issues Paper

Monday 16 April 2012 marks the closing date for written submissions to ICASA’s Issues Paper on the Review of the Broadcasting Regulatory Landscape. This new closing date comes after a month-long postponement by ICASA with the initial due date having been of 16 March 2012. The NAB in its written representation, which has submitted today 16 April 2012 at noon raised three points of concern in relation to the Issues Paper, namely the Scope, the Regulatory Impact Assessment, as well as Timing, each of these issues are discussed in great detail in the submission.

The Minister amends the Broadcasting Digital Migration Policy

Dina Pule, Minister of Communications, hereby amends the Broadcasting Digital Migration Policy issued in Government Gazette No. 31408 on 08 September 2008, to the extent indicated below taking into consideration submissions made by stakeholders on the amendments proposed by the Department of Communications in August 2011.

Reason document - Ownership Control

The primary purpose of the Findings Document is to highlight key issues raised by stakeholders following an inquiry held by the Authority on ownership and control and articulate the Authority's position.

Final Radio Frequency Spectrum Regulations

The purpose of these regulations is: (1) To establish the framework through which the Authority may allocate and assign radio frequency spectrum under the South African Table of Frequency Allocations. (2) To establish standard terms and conditions which will be applicable to all frequency bands and applications as well as Radio Frequency Spectrum Licences. (3) To establish transparent, fair and efficient procedures and processes for Radio Frequency Spectrum Licence applications. (4) To allow for greater flexibility such that special conditions and procedures for specific frequency bands can be applied. (5) To provide for circumstances in which the use or possession of radio apparatus, does not require a radio frequency spectrum licence.

Proposed enforcement guidelines for the National Consumer Commission (the NCC)

  • 10 March 2011
On 18 February 2011, the NCC published in Government Gazette 34039, draft enforcement guidelines  for the NCC. This was published in terms of the CPA. Interested parties were invited to submit their written comments on or before 10 March 2011. From the NAB’s point of view, as much as  these guidelines are merely guidelines, we believe the overlap that exists between the NCC and other regulatory authorities, particularly ICASA has a potential of creating some confusion amongst consumers.

ASA Code Review

The ASA code revision process takes place annually at a set time, however, submissions by the interested parties can be made any time of the year, before the February closing date. The 2011 closing date was 28 February 2011. The NAB made a written submission to the ASA, proposing some changes to the code.

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