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.

In this Digital Migration reasons document the Authority has set out the basis for certain policy determinations it has made in relation to the digital migration process in the context of the representations and submissions it has received from various interested parties.

 

On 28 October 2009, the Department of Communications (the Department) published in Notice number 1409 (the Notice), Government Gazette number 32663, the Public Service Broadcasting Bill (the draft Bill), the Charter of the Corporation (the draft SABC Charter) and the Charter of Community Broadcasting Services (the draft Community Broadcasting Charter). This Notice was preceded by the drafting of a Public Service Broadcasting Discussion paper (the discussion paper) by the department, on 20 July 2009, in government gazette 32420, Government Notice 755 of 2009 (the first Notice).The draft Bill seeks to among others amend the Broadcasting Act 4 of 1999. After the public consultative process has been concluded, the department will table the draft Bill before cabinet for approval into a Bill. It is envisaged that the parliamentary process will follow thereafter. The NAB welcomed the publication of the draft Bill, the NAB however does not support the draft Bill in its current form, and believes that a lot of work still needs to be undertaken to transform the draft Bill into a workable piece of legislation. The NAB submitted its written representation to the draft Bill.

The findings document summarises the views expressed by interested persons and seeks to highlight key decisions taken by the Authority with respect to the regulation of advertising, informercials and programme sponsorship by broadcasting service licensees.

The findings contained herein were made in terms of section of 4(C) the ICASA Act No 13 of 2000, read with section 61(1) of the Electronic Communications Act No 36 of 2005, and approved for final publication by the Council of the Authority.