Documents

– Written Submissions

Amendment Of The Regulations- Standard Terms And Conditions Of Class Licences, Government Gazette No 30512 Of 2007

On 13 July 2009, the Authority published in government gazette number 32402 a notice of its intention to amend its: a. Standard Terms and Conditions Regulations for Individual Licences (draft Individual T&C amendments); b. Standard Terms and Conditions Regulations for Class Licences (draft Class T&C amendments); c. Processes and Procedures for Individual Licences and Processes (draft P&P amendments) and; d. Procedures for Class Licences (draft P&P amendments). These draft regulations amendments sought to amend: a. Standard Terms and Conditions Regulations for Individual Licences (Individual T&C amendments) published in government gazette 30530 of 2007; b. Standard Terms and Conditions Regulations for Class Licences (Class T&C amendments) published in government gazette 30512 of 2007; c. Processes and Procedures for Individual Licences and Processes (P&P amendments) published in government gazette 30916 of 2008 and; d. Procedures for Class Licences (P&P amendments) published in government gazette 30914 of 2008. The closing date for written submission was 24 August 2009. view full article

Amendment of the Regulations: Standard Terms and Conditions of Class Licences, Government Gazette No 30512 of 2007

On 10 July 2009, the Authority published in Notice number 941, Government Gazette number 32370, dated 10 July 2009, its intention to prescribe Interconnection Regulations (the draft regulations) in terms of section 4 and 38 of the Electronic Communications Act 36 of 2005 (the EC Act), read with section 4(3) (j) of the Independent Communications Authority of South Africa Act 13 of 2000 as amended (the ICASA Act). The draft regulations are accompanied by Annexure A, containing the explanatory notes for the draft regulations. The Authority commenced the process of draft Interconnection Regulations in 2007, when a notice inviting interested persons to submit written representations to its intention to prescribe interconnection regulations was published. This process culminated in the Authority publishing the second draft of the interconnection regulations on 24 December 2007. The outcome of the second draft of the draft regulations was satisfactory to the NAB, and the broadcasting sector as a whole, as the second draft had captured the key concerns of the broadcasting sector on interconnection. However, in the latest draft of the regulations, ICASA reneged on it previous position of exempting broadcasting service licencees from the application of the interconnection regulations. This necessitated the NAB making a written submission. The closing date for written representations was 25 August 2009. view full article

NAB Submission on the Draft Regulations on Code of Advertising Practise

On 13 February 2009, the Authority published in notice number 172 of 2009,  government gazette number 31903 (the notice), a notice of its intention to make regulations and Code of Advertising Practice setting out the standards, practice and prohibitions in advertising, sponsorships and other forms of commercial prohibition by radio and television broadcasting service licencees (the draft regulations). The draft regulations are made in terms of section 4 read with section 55(1)(2)(3) and section 95 of the Electronic Communications Act 36 of 2005 (the EC Act). Section 55 enjoins all broadcasting licencees to adhere to the Code of Advertising Practice as administered by the Advertising Standards Authority of South Africa. Subsequently, the Authority published in government gazette 32014, an explanatory memorandum outlining the Authority’s rationale or thinking on the issues raised in the draft regulations. This came as a result of the concerns that arose in a workshop the Authority held on 30 March 2009. In the workshop, stakeholders expressed their dismay in the way in which the draft regulations have deviated from the 1999 ICASA Advertising, Infomercials and Programme Sponsorships Regulations (the 1999 Regulations), and requested the Authority to provide the reasoning behind the deviation. view full article

Second Round of Comments for Draft General Licence Fees Regulations

ICASA has published the second draft of the general licence fees regulations on 06 March 2009. The draft is published in  government gazette 31992. Written submissions are to be in by 20 March 2009. In conjunction with the second draft, the authority published a position paper on the general licence fees. view full article

Commissioning of Independently produced SA programming

On 7 November 2008, in government gazette 31580, Notice 1388 of 2008 (the Notice), the Authority published in terms of section 61(1) of the Electronic Communications Act 36 of 2005, a notice of its intention to make regulations for Commissioning of independently produced South African Programming (the Regulations). 

In terms of section 61(1) of the EC Act, the Authority is required to prescribe regulations applicable to broadcasting service licencees regarding the commissioning of independently produced South African programming.

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Terrestrial Broadcast Frequency Plan

The ECA mandates ICASA to prepare the national radio frequency plan within twelve months of the coming into effect of the Act. Subsequent to that, ICASA is in terms of section 34(5), required to update and amend the national radio frequency plan when necessary in order to keep the plan current.

Consequently, the Authority is required to give notice in a government gazette, of its intention to prepare a national radio frequency plan, and to further invite interested parties to submit written representation in response thereto. On 07 November 2008, ICASA invited interested parties to provide written representations on the draft Terrestrial Broadcast Frequency Plan,  the closing date for the submission of such written representations is 16 January 2009.

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General Licence Fees Regulations

On 24 October 2008, the Authority published draft regulations in respect of General Licence Fees in Government Gazette 31542. The draft regulations are drafted in terms of section 4(1) (c)(iv-v) and 5(7)(a)(iii) of the Electronic Communications Act. (The EC Act).  The closing date for written submissions being 05 December 2008.

The draft general licence fees regulations gazetted by ICASA on 24 October 2008, if applied in their current form will handicap the financial viability of the broadcasting industry as a whole. For instance, the Authority proposes a leap frog from R30 000 in respect of amendment fees for sound broadcasting services to R250 000. The NAB is of the view that the proposed licence fees are prohibitive in nature, and pose as a barrier to entry

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USAASA Definitions

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. view full article

NAB Submission on the Consumer Protection Bill

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.
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NAB Submission on the End User and Subscriber Service Charter

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. view full article

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