Regulations on the processes and procedures to be followed in respect of registration, amendment, renewal, surrender and transfer of class licences and licence exemptions in terms of the Electronic Communications Act.

On 7 February 2008 the Independent Communications Authority of South Africa (ICASA) published a General Notice (No 215 of 2008) in Government Gazette No 30753 (the Gazette). In terms of this notice, ICASA set out its intention to make regulations in respect of technical standards for electronic telecommunications equipment in terms of sections 35(1) and 36(1) of the Electronic Communications Act ("the ECA"), and inviting interested persons to submit comments by 6 March 2008. The NAB submitted its written submission.

The NAB participated in oral representations before the Portfolio Committee on Communication on 29 October 2007.  On of the key issues broadcasters objected to was the inclusion of the definition of “public entity” in the Bill. Including the definition of public entity in the Amendment Bill would give unintended results, as the NAB believed it is not the intention of the DoC to have all entities listed under schedule 2 and 3 of the PFMA to be governed by the EC Act.

The NAB has a concern with the literal implementation of section 89 of the EC Act, which requires all licencees to make a contribution to the Universal Service Fund. Currently, broadcasting licencees are contributing to the Media Development and Diversity Agency (MDDA).

The Department of Communications together with the Portfolio Committee on Communictions published an Amendment Bill of the   Electronic Communications 36 of 2005. The object of the Bill was to amend the Electronic Communications Act, 2005, so as to empower the Minister to issue an additional policy direction; and to provide for matters connected therewith. The NAB submitted separate written representations to the DoC, and Parliament, as the due dates for submission were not the same.  Subsequently, the NAB participated in oral representations before the Portfolio Committee on Communicastions on 29 October 2007.  One of the key issues broadcasters objected to was the inclusion of the definition of "public entity" in the Bill.  Including the definition of public entity in the Amendment BIll would give unintended results, as the NAB believes it is not the intention of the DoC to have all entities listed under schedule 2 and 3 of the PFMA to be governed by the EC Act. 

The amendment process of the Films and Publications legislation has been on going for some time.  The Department of Home Affairs published the second draft of the Bill for public comments, which was followed by oral hearings before Select Committee on Social Services on 16 October 2007. The NAB’s concerns on the Bill still centered on the Constitutionality the Bill.  The NAB submitted its written submission, and participated in oral hearings before the Select Committee on Social Services.

On 30 August 2007, the Independent Communications Authority of South Africa (The Authority) published its intention to prescribe the general terms and conditions of the licences (the draft terms and conditions) in terms of Chapter 3 of the Electronic Communications Act 36 of 2005 (The EC Act), in Government Gazette 30246, Notice 1084. 

On 17 September 2007, the Minister of Communications, Minister Ivy Matsepe-Casaburri, published Policies and Policy directions drafted in terms of section 3(1) and (2) of the EC Act.

 

This came after a public consultative process the DoC conducted on draft Policies and Policy Directions.  In its written submission, the NAB outlined that it supported the Minister's proposed policy directions which stated that in preparation for the national radio frequency plan, or appropriate modification to any existing radio frequency plan, ICASA must be guided by the decisions to be taken at the World Radio Conference 2007(WRC-07).  The NAB further added that the Minister should further direct ICASA to also take into account the decision of the Regional Radio Communication Conference 2006 (RRC-06), regarding radio spectrum frequency, when preparing the national radio frequency plan.

The Independent Communications Authority of South Africa (ICASA) published notice number 898 of 2007, in government gazette number 30091, dated 24 July 2007 (the notice). In the notice, ICASA invited interested persons to submit written representations to its intention to prescribe interconnection and facilities leasing regulations. Interested persons had up to 03 September to submit their written submissions. The NAB made a written submission in this regard. This process was followed by an invitation for parties to participate in oral hearings by ICASA. The oral hearings were scheduled to take place   on 11 October 2007 to 15 0ctober 2007

The Independent Communications Authority of South Africa (the Authority) published  notice number 851 of 2007, in government gazette number 30073, dated 13 July 2007 (the notice). The notice invited interested persons to submit written representations to the Authority’s intention to make regulations in respect of end-user and subscriber service charters for postal, broadcasting electronic communications network services and electronic communications services licencees (the draft regulations). The deadline for written submissions was no later than 16H00 on 24 August 2007. The NAB submitted its written representation.