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

Minister of Communications

The Minister published a Radio Frequency Spetrum Policy for South Africa, 16 April 2010.

ICASA

• ICASA published Mobile TV Regulations, 16 April 2010, together with a Reasons Document.
• ICASA hearings on discussion document on ownership and control, will be held 5-7 May 2010.

NEW PROCEEDINGS

ICASA

• ICASA issued an ITA for spectrum licences for Mobile TV broadcasting. Applications due 7 May 2010.
• ICASA published draft Call Termination Regulations, together with a Wholesale Call Termination Market Revidew for the period 2010-2013, for comment due 2 June 2010.

PENDING PROCEEDINGS - REPRESENTATIONS DUE

ICASA

• Tenders - ICASA advertised for bids for 10 super high frequency omnidirectional antennas and 11 near field probes, 6 high specification receivers, 6 measuring receivers, 8 handheld spectrum analyzers, and 5 communications  analyzers, due 22 April 2010.
• ICASA published draft Compliance Procedure Manual Regulations for comment, due 7 May 2010.

SALRC

• The Law Reform Commission published an Issue Paper on electronic evidence for public comment, due 30 June 2010.

PENDING PROCEEDINGS - OUTCOME AWAITED

Parliament

• Intellectual Property Laws Amendment Bill
• Recommendations for appointment of four ICASA Councillors
• Protection of Personal Information Bill

Minister of Communications

• Cyber-security Policy
• Appointments to the Broadcast Production Advisory Body
• Policy directions re spectrum for SKA
• Public Service Broadcasting Bill
• Amendment to policy direction regarding the licensing of InfraCo
• Broadband policy
• Strategy on local and digital content development
• Repeal 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]

• Discussion document on Internet Protocol TV
• Rules and procedures for the Complaints and Compliance Committee
• Ownership and control regulations
• Handset subsidy regulations
• Amended E-rate regulations
• Facilities leasing regulations
• Regulations concerning procedures for ICASA inspectors
• Regulations for competing spectrum applications
• Revised regulations for service licence applications
• 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 anticompetitive behavior; Significant market power determinations; Procompetitive licence terms and conditions; Methodology to determine effectiveness of competition; and Methodology to define and identify relevant markets
• Technical standards for power line communications
• Essential facilities regulations
• Functional specifications 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). 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
• Companies Regulations

National Treasury

New Standardised PPP Provisions

Dept of Environmental Affairs

• Environmental impact assessment regulations
• Guidelines on environmental impact assessments for facilities to be included in the electricity plan and for strategically important developments of state owned enterprises

.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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