The Department of Communications published a draft ICASA Amendment Bill on 23 November 2012, for public comment. The objective for the amendment is to provide for further clarity on the powers and duties of the Authority, to provide for the establishment of the Complaints and Compliance Commission to replace the incumbent CCC. The NAB’s concerns are around the independence of ICASA, and the constitutional independence ICASA derives from section 192 of the Constitution of South Africa. These and opther concerns are raised in the NAB written submission to the Authority

On 2 October 2012, the Minister of Communications published in Government Gazette number 35734, a proposed Health Content Policy Framework for Television Broadcasting in South Africa (“the draft Health Content Policy”). The draft Health Policy is open for public comment, within 30 calendar days of the date of its publication.

On 17 August 2012, ICASA published both its draft Frequency Migration Regulations as well as the Frequency Migration Plan, in Government Gazette No. 35598. These documents were open for public comment, and the closing date for written comments was 28 September 2012. The closing date was subsequently changed to 12 October 2012. In the draft plan, ICASA has set aside dates for public hearings, and these are 31 October to 2 November 2012. The NAB has submitted its written submission, and has also indicated its intention to participate in oral hearings in accordance with dates specified by ICASA.

On 18 July 2012, the Department of Communications published the draft Electronic Communications Amendment Bill, 2012 in Notice 572 of 2012, in Government Gazette No. 35525. Interested persons were invited to make representations on the draft Bill within 30 days of publication of the notice.

Monday 16 April 2012 marks the closing date for written submissions to ICASA’s Issues Paper on the Review of the Broadcasting Regulatory Landscape. This new closing date comes after a month-long postponement by ICASA with the initial due date having been of 16 March 2012. The NAB in its written representation, which has submitted today 16 April 2012 at noon raised three points of concern in relation to the Issues Paper, namely the Scope, the Regulatory Impact Assessment, as well as Timing, each of these issues are discussed in great detail in the submission.

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.

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 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).

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”).