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”).

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.

 

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.