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.

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.

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.

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.

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.

These regulations seek to prescribe the annual contributions to be paid to the Universal Service and Access Fund ("the Fund") by persons issued with licences in terms of chapters 3 and 9 of the Act.

On 29 November 2010 the DTI published its draft Consumer Protection Regulations in terms of section 120(2)(a) of the Consumer Protection Act. The closing date for written submissions was 31 January 2011. The NAB made a written submission to the draft regulations. While the NAB acknowledges that there is scope for ICASA to apply for an industry wide exemption from one or more provisions of the CPA, the NAB believes that there is an opportunity for intervention also at the regulations level.

On 20 December 2010, ICASA published in government Gazette 33896, in terms of section 4(4) of the EC Act read with section 4(3)(j) of the ICASA Act, its revised draft Compliance Procedure Manual Regulations (the Revised draft manual) for public comment. In terms of the General Notice, interested parties were invited to submit their written representations no later than 18 January 2011.  Upon the request of stakeholders, the Authority subsequently extended the due date to 31 January 2011.  The General Notice was published  after the Authority had published its first draft of the Compliance Manual Regulations on 19 March 2010.  When perusing the latest draft, the NAB came to realise that much change had been implemented on the latest draft.

On 16 September 2010, the DTI, published in Government Gazette number 33559, a notice of its intention to amend the National Gambling Regulations No. R. 1342 of 12 November 2004, published in Government Gazette No 26994 (the regulations).  The notice invited interested parties to submit their written representations by 04 November 2010. The NAB welcomes the DTI’s initiative of trying to curb and prohibit any illegal activities associated with gambling, and to safeguard people engaging in gambling from becoming victims of these illegal scams. When perusing the draft regulations, it became apparent to the NAB that, if passed in its current form, the draft regulations might yield undesired consequences.

On 27 August 2010, the Independent Communications Authority of South Africa (ICASA) published for public comment, in general notice number 825 of 2010, government gazette 33494, a notice inviting written comments on draft radio frequency spectrum fee regulations applicable to broadcasting service licencees (the draft broadcasting spectrum fees regulations).