Online Legal…

This is the ICT Weekly Update on legal, regulatory and policy developments in the ICT industry prepared by Lisa Thornton Inc for clients and colleagues. Online Legal reproduces it, in part, here with the permission of Lisa Thornton Inc.

NEW FINDINGS, JUDGMENTS AND ANNOUNCEMENTS

ICASA

Hearings on proposed E-Rate Regulations, 4 and 5 March 2010.

NEW PROCEEDINGS

Parliament

Nominations for four ICASA Councillor positions. Due 29 March 2010.

Dept of Communications

Draft Cybersecurity Policy. Comment due 22 March 2010.

ICASA

Proposed Sport Broadcasting Rights regulations. Comment due 5 March 2010.
Discussion document on Internet Protocol TV. Comment due 26 March 2010.

USAASA

Invitation to apply for USAF subsidy for ICT Public Access Facilities in Under serviced Areas. Due 5 March 2010.

Films and Publications Board

Tender - researcher, child pornography in secondary schools. Due 26 Feb 2010.

PENDING PROCEEDINGS - REPRESENTATIONS DUE

Minster of Communications

Request for nominations to the Broadcast Production Advisory Body. Due 26 Feb 2010.

ICASA

• Tender - electronic document and records management system. Due 26 Feb 2010.
• Proposed rules and procedures for the Complaints and Compliance Committee. Due 5 March 2010.

Dept of Trade and Industry

Companies Regulations. Comment due 1 March 2010.

USAASA

• Tender - consultant to develop universal access and service strategy, due 26 Feb 2010.
• Tender - consultant to develop operation procedure and manual for USAF, due 26 Feb 2010

PENDING PROCEEDINGS - OUTCOME AWAITED

Parliament

Protection of Personal Information Bill

Minister of Communications

• Policy directions re spectrum for SKA
• Public Service Broadcasting Bill
• Amendment to policy direction regarding the licensing of InfraCo
• Broadband policy
• Spectrum policy
• Strategy on local and digital content development
• Deletion of policy direction re the conversion of USALs
• Set top box manufacturing sector development strategy
• Study on the trends of digital local content and uptake rates
• Guidelines re electronic communications facilities (undersea cables)
• ICT Charter regarding BEE

Department of Communications / Icasa

• Under-serviced area licences (second and third rounds)
• GMPCS licences

ICASA

[Pending decisions about individual licenses and complaints are not included in this list]

• Ownership and control regulations
• Handset subsidy regulations
• Amended E-rate regulations
• Facilities leasing regulations
• Regulations relating the licensing of spectrum for mobile TV
• Regulations concerning procedures for ICASA inspectors
• Regulations for competing spectrum applications
• Revised regulations for service licence applications
• Interconnection regulations
• Spectrum licence fee regulations
• Carrier pre-selection regulations
• Radio frequency band plan
• Must carry obligations
• Schedule for periodic review of relevant markets
• Regulations for monitoring and investigating anti-competitive behavior
• Significant market power determinations
• Pro-competitive licence terms and conditions
• Methodology to determine effectiveness of competition
• Methodology to define and identify relevant markets
• Technical standards for power line communications
• Essential facilities regulations
• Functional specification for geographic number portability
• Findings in enquiry into a satellite licensing framework
• Findings re Community Sound Broadcasting Policy
• Regulations re telecommunications equipment approval
• Regulations re amateur radio
• Regulations re local TV

Minister of Science and Technology

• Appointments of the South African National Space Agency Board
• Regulations in terms of the Astronomy Advantage Areas Act

Minister of Justice and Constitutional Development

• 17th Amendment Bill to the Constitution, permitting national govn’t to require municipalities to particulate in infrastructure plans
• 18th Amendment Bill to the Constitution and State Liability Bill
• Ratification of Council of Europe’s Convention on Cyber crime (dealing with computer-related fraud and forgery and infringement of copyright). An additional protocol regarding racist and xenophobic acts committed through computer systems has yet to be signed by South Africa.

Dept of Trade and Industry

Corrections to the Companies Act

National Treasury

New Standardised PPP Provisions

Dept of Environmental Affairs and Tourism

Environmental impact assessment regulations

.za Domain Name Authority

• Licensing regulations for .za registries and registrars
• Amended Memorandum and Articles of Association of the Authority

City of Johannesburg

By-laws re rights of way for electronic communications facilities

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