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.

On 18 September 2009, the Department of Communications, (the Department) published for public comment, in General Notice number 1275 of 2009, government gazette 32577 a notice of its intention to make South African National Radio Frequency Spectrum Policy (the draft policy). The notice was published in terms of section 3(1) of the Electronic Communications Act (the EC Act). Interested parties were requested to furnish their written submissions within 30 calendar days of the date of publication of the notice in government gazette. The Department subsequently set the closing date on 19 October 2009. The NAB submitted its written representation.

With the quest to amend the Broadcasting Act 4 of 1999, the Department of Communications published on 20 July 2009, a notice inviting interested persons to furnish comments on the Public Service Broadcasting discussion paper (the discussion paper). The intention was to have the inputs received from the discussion paper to feed into the forthcoming Bill. The closing date to written representations was 16 October, and the NAB submitted its written submission.  

On 20 July 2009, in government gazette 32420, Government Notice 755 of 2009 (the Notice), the Department of Communications (the DoC) published in terms of section 3(1) of the Electronic Communications Act 36 of 2005 (the EC Act), a notice inviting interested persons to furnish comments on the Public Service Broadcasting discussion paper (the discussion paper), to amend the Broadcasting Act 4 of 1999 as amended (the Broadcasting Act).The closing date for written representations was 31 August 2009. The NAB made a written submission in this regard.

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.

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.

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.