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

Parliament

It is reported that Parliament has recommended the following candidates to the Minster for filling four soon to be vacant ICASA councillor posts: John Matisonn, Ntombizodwa Ndhlovu, Joseph Morakile Lebooa, Mankankane Violet
Magagane, William Hamilton Currie, Luthando Simphiwe Mkumatela and Stephen Sipho Mncube.

Minister of Communications

• The Minister published a policy direction with regard to the Square Kilometre Array.
• The Minister published an amendment to the policy direction on the licensing of Broadband Infraco.

Dept of Communications

The DoC invited interested persons to attend a community TV policy workshop, 24-26 May 2010.

Competition Tribunal

The Tribunal ruled granted interim relief to Directory Solutions against Telkom for engaging in anticompetitive conduct.

NEW PROCEEDINGS

PARLIAMENT

Comments on the Protection of Information Bill are due 25 June 2010.

PENDING PROCEEDINGS - REPRESENTATIONS DUE

ICASA

ICASA published draft Call Termination Regulations, together with a Wholesale Call Termination Market Review for the period 2010-2013, for comment due 18 June 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
• Public Service Broadcasting Bill
• 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)

ICASA

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

• Compliance Procedure Manual Regulations
• Spectrum licences for Mobile TV broadcasting
• 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 [Initiated under the Telecommunications Act]
• Findings in enquiry into a satellite licensing  framework
• Findings re Community SoundBroadcasting 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 ofstate 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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