Documents: Written Submissions

The Minister's Policy Directives

On 17 September 2007, the Minister of Communications, Minister Ivy Matsepe-Casaburri, published Policies and Policy directions drafted in terms of section 3(1) and (2) of the EC Act.

 

This came after a public consultative process the DoC conducted on draft Policies and Policy Directions.  In its written submission, the NAB outlined that it supported the Minister's proposed policy directions which stated that in preparation for the national radio frequency plan, or appropriate modification to any existing radio frequency plan, ICASA must be guided by the decisions to be taken at the World Radio Conference 2007(WRC-07).  The NAB further added that the Minister should further direct ICASA to also take into account the decision of the Regional Radio Communication Conference 2006 (RRC-06), regarding radio spectrum frequency, when preparing the national radio frequency plan.

Draft Interconnection and Facilites Leasing Regulations

The Independent Communications Authority of South Africa (ICASA) published notice number 898 of 2007, in government gazette number 30091, dated 24 July 2007 (the notice). In the notice, ICASA invited interested persons to submit written representations to its intention to prescribe interconnection and facilities leasing regulations. Interested persons had up to 03 September to submit their written submissions. The NAB made a written submission in this regard. This process was followed by an invitation for parties to participate in oral hearings by ICASA. The oral hearings were scheduled to take place   on 11 October 2007 to 15 0ctober 2007

Draft Regulations for End-User and Subscriber Service Charters

The Independent Communications Authority of South Africa (the Authority) published  notice number 851 of 2007, in government gazette number 30073, dated 13 July 2007 (the notice). The notice invited interested persons to submit written representations to the Authority’s intention to make regulations in respect of end-user and subscriber service charters for postal, broadcasting electronic communications network services and electronic communications services licencees (the draft regulations). The deadline for written submissions was no later than 16H00 on 24 August 2007. The NAB submitted its written representation.

The Astronomy Geographic Advantage Bill (AGA Bill)

The Constitution of South Africa requires that broadcasting in South Africa be regulated by an independent authority (ICASA). Certain provisions of the Astronomy Geographic Bill, however, give the Minister of Science and Technology and/or the Management Authority to be established in terms of section 15 of the Bill, and such Management Authorities will be vested with powers which will infringe on the powers of ICASA. In the NAB’s view, this is in contravention of Section 192 of the Constitution.

On 31 July 2007, the NAB made an oral submission before the Portfolio Committee on Science and Technology highlighting these issues. The submission was a follow up of a written submission the NAB had submitted on 18 July 2007 in response to the Astronomy Geographic Bill.

Proposed Codes of Conduct for Licencees

The Independent Communications Authority of South Africa (“ICASA”) issued notice number 767 of 2007, published in government gazette number 29993, dated 18 June 2007 (“the notice”). In the notice, ICASA invited interested persons to submit written representations to its intention to make regulations in terms of sections 4 and 69 the Electronic Communications Act (“the Act”), setting out the Code of Conduct for licensees. The closing date for written submissions was no later than 18H00, 20 July 2007. Oral hearings were subsequently scheduled to take place on 12 September 2007.

Draft Regulations for Sectors to meet the need of people with disabilites

On 14 June 2007, the Independent Communications Authority of South Africa (“ICASA”) published notice number 765 of 2007, in government gazette number 29986, (“the notice”). In the notice, ICASA invited interested persons to submit written representations to its intention to make regulations in respect of the Electronic Communications, Broadcasting and Postal sectors to meet the needs of people with disabilities (“the proposed regulations”) in terms of section 70 read with section 4(1) of the EC Act as well as section 2(h) of the Postal Services Act 1244 of 1998. The closing date for written submissions was 20 July 2007. The NAB made a written submission in this regard.

Subsequently, on 20 September 2007, ICASA invited stakeholders to participate in a consultative workshop, which was intended to assist in the finalisation of the regulations on the code for people with disabilities.

NAB submission (Channel 65 Gazette)

In the Government Gazette of 22 February 2006, ICASA in terms of Section 29(4) of the Telecommunications Act and Section 31(2) of the Independent Broadcasting Authority Act invited interested parties to make written representations regarding its intention to use channel 65 as described in the annual terrestrial broadcasting frequency plan for “non-broadcasting purposes”. The National Association of Broadcasters (“the NAB”) welcomes the opportunity to make these written representations. The NAB would also like to have the opportunity to make an oral representation at the hearings of this matter when they occur.

ICASA Publishes findings of its Self-help Stations Policy Review

The Independent Communications Authority of South Africa (“the Authority”) published a Discussion Paper (“the Discussion Paper”) on the Review of Self-Help Stations (“the Review”) on 6 December 2004. The purpose of the Discussion Paper was to generate comment from all stakeholders on the Review of Self-Help Stations. Section 28 of the Independent Broadcasting Act, No. 153 of 1993 (“IBA Act”) provides that the Authority may from time to time conduct an inquiry into any matter relevant to the achievement and application of the principles of broadcasting as enunciated in section 2 of the Act.

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