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

• ICASA published the Final Terrestrial Broadcasting Frequency Plan 2008.
• ICASA issued an individual ECNS licence to InfraCo.
• ICASA extended the deadline for responses to a questionnaire for the purpose of ICASA gathering information about wholesale call termination rates to 30 Nov 2009.

Competition Tribunal

The Tribunal gave notice of a complaint referral from the CC against Telkom.

NEW PROCEEDINGS

ICASA

• ICASA published and invited submissions on its Discussion Document on Ownership and Control Issues, due 19 Feb 2010.
• ICASA published draft regulations relating to the use and application procedures for the licensing of spectrum for mobile TV broadcasting services for comment due 11 Jan 2010.

.za Domain Name Authority

The .za DNA published licensing regulation for .za registries and registrars for comment due 18 Dec 2009.

City of Johannesburg

CoJ has published draft by-laws re rights of way for electronic communications facilities for comment.

PENDING PROCEEDINGS - REPRESENTATIONS DUE

DoC / Minister of Communications

• Draft policy direction in respect of interconnection rates. Comment due 24 Nov 2009.
• Draft amendment to the policy direction regarding the licensing of InfraCo. Comment due 24 Nov2009.
• Public Service Broadcasting Bill, Charter for the SABC and Charter of Community Broadcasting Services. Comment due 7 Dec 2009.

ICASA

• Draft regulations concerning procedures for ICASA inspectors. Comment due 27 Nov 2009.
• Licensee responses to a questionnaire for the purpose of ICASA gathering information about wholesale call termination rates, due 30 Nov 2009.
• Individual commercial free to air sound broadcasting licences in Gauteng, KwaZulu-Natal and the Western Cape are due 30 Nov 2009.

PENDING PROCEEDINGS - OUTCOME AWAITED

Parliament

• Protection of Personal Information Bill
• Nominations for SABC board members

Minister of Communications

• Broadband policy
• Spectrum policy
• Strategy on local and digital content development
• Deletion of policy direction re the conversion of USALs to provincial under-serviced area licences
• Set top box manufacturing sector development strategy
• Study on the trends of digital local content and uptake rates
• Guidelines for the rapid deployment of electronic communications facilities (re 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]

• Digital terrestrial television regulations
• Regulations for competing spectrum applications
• Revised regulations for service licence applications
• Interconnection regulations
• Regulations re independently produced South African programming
• Numbering Plan Audit
• Spectrum licence fee regulations
• Broadcasting advertising regulations and a supplementary code of practice
• 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
• Technical standards for electronic communications equipment
• Facilities Leasing Regulations
• Essential Facilities Regulations
• Regulations with regard to functional specification for geographic number portability
• Findings in section 27 enquiry into a satellite licensing framework
• Findings in section 27 enquiry into the use of the 5725-5975 MHz band for broadband fixed wireless
• Findings in respect of the Discussion Paper on the Review of Community Sound Broadcasting Policy
• Regulations regarding new standards for telecommunications equipment
• Regulations with regard to telecommunications equipment approval
• Regulations in respect of standards for analogue terminal equipment
• Regulations regarding amateur radio
• Regulations regarding local television

USAASA

Recommendations on definitions of universal service, universal access, under serviced areas, and needy persons

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 the 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.

National Treasury

New Standardised PPP Provisions

Dept of Environmental Affairs and Tourism

Environmental impact assessment regulations

.za Domain Name Authority

• Amended Memorandum and Articles of Association
• .za Domain Policy and Procedure

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