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 will meet privately with six licensees (Neotel, Vodacom, Telkom, Nashua Mobile, Cell C, and MTN) to discuss matters raised by the draft call termination regulations.
• ICASA withdrew its ITAs for spectrum licences in the 2.6 GHz and 3.5 GHz bands.

NEW PROCEEDINGS

ICASA

Tender: Service provider to conduct number audit, due 24 Aug 2010.

PENDING PROCEEDINGS - REPRESENTATIONS DUE

Minister of Communications

Call for nominations for nonexecutive board members for the .zaDNA Domain Name Authority, due 30 July 2010.

ICASA

• Tender: service provider to develop regulatory financial reporting requirements, due 29 July 2010.
• Comment on applications for sound broadcasting licences in primary markets, due 10 Aug 2010.

SALRC

Draft Issue Paper on electronic evidence, 15 Aug 2010.

Dept of Environmental Affairs

Additional draft Implementation Guidelines (Sector Guidelines) in terms of the National Environmental Management Act, 29 July 2010.

.za DNA

.za DNA will hold its 201 Annual General Meeting on 28 July 2010.

SITA

Tender: least cost routing solution for DTI, due 9 Aug 2010.

PENDING PROCEEDINGS - OUTCOME AWAITED

Parliament

• Protection of Information Bill
• Intellectual Property Laws Amendment Bill

Minister of Communications

• Independent Communications Authority of South Africa Amendment Bill
• Cyber-security Policy
• Appointments to the Broadcast Production Advisory Body
• Public Service Broadcasting Bill
• 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

ICASA

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

• Numbering Plan Regulations
• Call Termination Regulations
• 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
• 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

[The following were initiated under the Telecommunications Act]

• 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

• Implementation Guidelines in terms of the National Environmental Management Act
• 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

• Amended Memorandum and Articles of Association of the Authority
• Registry and Registrar licensing regulations

City of Johannesburg

By-laws re rights of way for electronic communications facilities

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