The purpose of these regulations is to prescribe the procedures and criteria for the granting of a radio frequency spectrum licence in instances envisaged in section 31 (3) of the Act.

For the purposes of convenience the Authority shall as much as possible not seek to comprehensively restate the positions advanced by interested persons, but rather provide a concise articulation of the cumulative sentiments expressed by interested persons on matters which seemingly evoked significant contentious responses.

In this Reasons Document the Authority has outlined the basis for certain determinations in relation to the Regulations in the context of the representations and submissions it has received from various interested parties and the Broadcasting Digital Migration Policy for South Africa (the Ministerial Policy) published by the Minister of Communications (the Minister) in Government Gazette 31408 of 8 September 2008.

The purpose of these Regulations is: a) to provide for a regulatory framework for the licensing of radio frequency spectrum within the designated range for the provision of mobile television broadcasting services; b) to provide for procedures and criteria for the awarding of radio frequency spectrum licences for the provision of mobile television broadcasting services within the designated range; and c) to provide for other matters ancillary thereto.

Electronic Communications Act (36/2005): Regulations in terms of sections 4 and 38 read with section 4 (3) (j) of the ICASA Act (13/2000) with respect to Interconnection Regulations

On 16 February 2010, the Independent Communications Authority of South Africa (ICASA), published in Notice 142, Government Gazette 32961, a notice of its intention to develop a framework for Internet Protocol Television (IPTV) and published a Discussion Document on IPTV and Video on Demand (VOD) (“the discussion document”). Interested parties were invited to submit their written representations on the discussion document by 26 March 2010. The discussion document contrasts extensively internet television (ITV) with Internet Protocol Television (IPTV), with the aim of soliciting views on the direction the Authority should take licensing IPTV, and whether or not there is a need to amend legislation in order to accommodate IPTV.

On 22 January 2010, the Independent Communications Authority of South Africa (“ICASA”), published in Notice 45 of 2010, Government Gazette 32884, its intention to prescribe regulations in respect of procedural rules for the adjudication of complaints and resolution of disputes that are filed with or referred to the Complaints and Compliance Committee (“CCC”), and to provide for matters related thereto (“draft rules and procedures”). The draft rules and procedures are drafted in terms of sections 4(1) and (4) of the Electronic Communications Act 36 of 2005 (“the EC Act”) read in conjunction with section 4(3)(j) of the Independent Communications Authority Act 13 of 2000 (“the ICASA Act”).  The NAB recognizes that clear rules and procedures will ensure that complaints concerning alleged non compliance by licensees are dealt with in a fair manner.  The NAB supports the need for clarity regarding the rules and procedures of the CCC and welcome the publication of the draft regulations by the Authority.

On 17 November 2009, the Independent Communications Authority of South Africa (ICASA), published in Notice 1532, Government Gazette 32719, a notice of its intention to publish its ownership and control discussion document (the discussion document). Interested parties were invited to submit their written representations on the discussion document by 19 February 2009. The NAB sent its written submission.