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).

Purpose of the Regulations (a) To provide details of procedures to be followed by the Complaints and Compliance Committee; (b) To provide for a procedure whereby urgent matters will be dealt with; (c) To provide for an ad hoc appointment by Council of the Chairperson where he or she is unable to sit in a hearing or a meeting and appointment of an ad hoc member where it is impossible to constitute a quorum; and (d) To provide guidance as to pre-hearing conferences

The object of these regulations is to: (1) Standardise Radio Frequency Spectrum Licence Fees and Pricing in order to promote efficiency of spectrum use and conformity with international standards in the usage of spectrum in the Republic; (2) Establish a transparent, fair, competitive and non-discriminatory Radio Frequency Spectrum Pricing based on administrative incentive pricing and which does not preclude the use of auctions and other internationally accepted methods of determining Radio Frequency Spectrum Price; (3) Encourage efficient and effective utilisation of spectrum, encouraging, on an incentive basis, migration to lesser populated and low-demand bands; (4) Ensure that the costs of managing and monitoring the radio frequency spectrum are at least covered by fee income; (5) Promote competition by simplifying and harmonising the Radio Frequency Spectrum Pricing process; and (6) Achieve government policy objectives of even development of telecommunications infrastructure across the Republic.

On 25 June 2010, the Department of Communications (“DOC”) published the Independent Communications Authority of South Africa Amendment Bill, 2010 ("the Bill") in Notice 650, Government Gazette No. 33324. The purpose of the Bill is to effect amendments to the Independent Communications Authority of South Africa Act, 2000 ("the ICASA Act"). Interested persons were invited to make representations on the Bill within 30 days of publication. There are three principle issues raised by the Bill that the NAB feels needs to be addressed. The first is Ministerial powers and the independence of the Independent Communications Authority of South Africa (“ICASA”), the second is structure in terms of the functions of the Council and Chief Executive Officer  (“CEO”) and third is the increase in the powers of the Complaints and Compliance Committee (“CCC”).

In accordance with the discretion conferred on the Authority in terms of section 4(6) of the ECA, the Authority decided that it was not necessary to hold a public hearing with regard to the draft regulations. In the Authority's view, all issues raised as well as recommendations made in the submissions were sufficiently detailed.

The purpose of these Regulations is to regulate and prescribe: (a) the process and procedures for amending, transferring, surrendering and renewing Individual Licences; (b) the documentation to be submitted with an application; (c) the process for applications of Special Temporary Authorisations; and (d) other matters pertaining thereto, as contemplated in section 5 (7) (b) of the Act.