Paris Mashile, the Chairperson of the Independent Communications Authority of South Africa (the Authority) hereby publishes regulations in the attached Schedule, made and approved by the Authority in terms of section 4(1) of the Electronic Communications Act, 2005 (Act No.36 of 2005) read with section 4(3) (j) of the Independent Communications Authority of South Africa Act, 2000 (Act No.13 of 2000).

On 15 August 2008, the Universal Service and Access Agency of South Africa (USAASA) published in government gazette number 31333, a discussion document in respect of the definitions of universal service, universal access and underserviced areas and the determination of needy persons. This was done in pursuance of the provisions of section 82(3) and section 88(2), (3) and (4) of the ECA.

The Department of Trade and Industry (the DTI) introduced the Consumer Protection Bill ("the Bill") into Parliament on 05 May 2008. In terms of Government Gazette 31074, published on 19 May 2008, interested persons and institutions are welcome to submit written representations on the Bill to the Secretary of Parliament on or before 03 June 2008. The NAB made its written submission.

On 13 July 2007, the Independent Communications Authority of South Africa (ICASA) published in Government Gazette number 30073, a notice of its intention to make regulations in respect of End-user and Subscriber Service Charters for Postal, Broadcasting, Electronic Communications Network Services and Electronic Communications Service Licensees (draft regulations). The closing date for written submissions was 24 August 2007. The NAB and a number of its members made written submissions.

ICASA poses questions and requires additional information from the NAB

On 12 to 14 March 2008, ICASA invited stakeholders to participate in oral hearings, at the ICASA offices, in respect of draft regulations to prescribe annual contributions of the licencee's licenced activity to the Universal Service and Access Fund. The draft regulations were promulgated in terms of section 89 read with section 95(1) and section 4 of the Electronic Communications Act (the EC Act), and section 4(3)(j) of the Independent Communications Authority of South Africa Act (the ICASA Act)(the draft regulations. The NAB was scheduled to make its oral submission on 13 March 2008. During the hearings, the ICASA panel posed two questions, which came as a result of    issues the NAB raised in its oral submission. The NAB was requested to respond in writing within two weeks.

Processes and Procedures for applications for an Individual Licence to provide Electronic Communications Network Services, Electronic Communications serivces and Broadcasting Services, and for Temporary Special Authorisations.

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).