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. Michalsons reproduces it, in part, here with the permission of Lisa Thornton Inc.

NEW FINDINGS, JUDGMENTS AND ANNOUNCEMENTS

Icasa

  • Icasa has increased administrative fees effective 1 April 2017.

DoC

  • The Minister issued a media statement on 8 March referencing several agreements made between the countries related to ICT sector.

DoJaCS

  • The Department of Justice and Correctional Services has issued a notice that it intends to introduce the International Arbitration Bill in the National Assembly

Lisa Thornton Consulting

  • iECS licensees with numbers allocated by Icasa – don’t forget to submit number audit data to Icasa this month!

NEW PROCEEDINGS

Icasa

  • Icasa has given notice of an application for transfer of iECNS/ iECS licences from China Times cc to K2015351513 South Africa (Pty) Ltd, for comment due 7 April 2017.

PENDING PROCEEDINGS – REPRESENTATIONS DUE

Icasa

  • Icasa has given notice that it intends to review call termination regulations. Licensees are requested to submit information in response to a questionnaire, due 24 March 2017.
  • Icasa published a Discussion Document on the Regulatory Framework for Community Broadcasting Services, for comment due 10 May 2017.
  • Icasa published an invitation to apply for free-to-air TV and MUX 3 frequency licences. The due date for applications is 30 August 2017.

Competition Commission

  • The Commission has published draft Guidelines for the Determination of Administrative Penalties for Failure to Notify a Merger, for comment due 17 March 2017.

Uganda

  • The Uganda Communications Commission has published a Proposed Radio Spectrum Management Policy for Uganda for public comment.

Nigeria

  • The NCC has invited input into an Internet Industry Code of Practice, to be concluded 23 June 2017.

Pending Proceedings – Outcome Awaited

Parliament

  • Cybercrimes and Cybersecurity Bill
  • Films and Pubications Amendment Bill 2015
  • Protection of Critical Infrastructure Bill 2015
  • Protection of State Information Bill

Minister of Communications

  • Draft Community Broadcasting Support Scheme

Minister of Telecommunications and Postal Services

  • Dept Language Policy
  • Amendments to the Alternative Dispute Regulations.

Former Minister of Communications

  • Strategy on local and digital content development
  • Set top box manufacturing sector development strategy
  • Findings of the study on the trends of digital local content and uptake rates

ICASA

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

  • National Radio Frequency Plan 2017.
  • Findings in Discussion Document on Equipment Type Approval Exemption
  • Inquiry into number portability regulations
  • Inquiry into Subscription Broadcasting Services
  • Amended regulations establishing the Consumer Advisory Panel
  • Information Memorandum for licensing IMT spectrum
  • Revised Code for Persons with Disabilities Regulations
  • VoIP Market Inquiry Findings
  • Inquiry into the state of competition in the information and communications technology sector Findings
  • Implementation framework for toll free services
  • Regulatory Framework for Wholesale Broadcasting Transmission Services
  • Introduction of local loop unbundling
  • Radio frequency spectrum fee regulations applicable to broadcasting
  • Ownership and control regulations
  • Amended E-rate regulations
  • Must carry obligations
  • Technical standards for power line communications
  • Essential facilities regulations

USAASA

  • Tender for Project Management for Digital Migration
  • Recommendations to the MoTaPS in respect of the Qualifying Criteria for the Set-Top-Box Scheme of Support

South African Law Reform Commission

  •  Report on Discussion Paper 144 on Project 25 in respect of legislation administered by the Dept of Trade and Industry.
  • Report and Recommendations on the review of the law of evidence. The Discussion Paper concerned, inter alia, the admissibility of electronic evidence.

Minister of Trade and Industry

  • Copyright Amendment Bill, 2015

Minister of Science and Technology

  • Regulations on the protection of the Karoo Central Astronomy Advantage Areas
  • Regulations to prohibit activities in core astronomy advantage areas
  • Regulations on radio astronomy protection levels in astronomy advantage areas
  • Regulations in terms of the Astronomy Advantage Areas Act

Minister of Justice and Constitutional Development

  • Code of Good Administrative Conduct
  • Prevention and Combating of Hate Crime and Hate Speech Bill
  • 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).

.za DNA

  • law.za charter

City of Johannesburg

  • By-laws re rights of way for electronic communications facilities

Botswana

  • Digital Terrestrial Television Licensing Framework
  • Development of Cost Models and Pricing Framework for ICT Services in Botswana

Namibia

  • Regulations Setting Fees for Spectrum Licenses

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