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

Dept of Telecommunications and Postal Services

  • Unpacking the ICT White Paper.

Icasa

  • Icasa issued sanctions in respect of five SABC radio stations facing to comply with the Municipal Elections Regulations.
  • If you want to know what forms must be submitted to Icasa in December, please contact us at info@thornton.co.za.

.za DNA

  • Adjudicators have ordered the transfer of the following domain names.
  • RememberingMadiba.co.za • sundaytimeslive.co.za
  • t1meslive.co.za

Information Regulator

  • Members of the Information Regulator established in terms of the Protection of Personal Information Act has been appointed: Adv Pansy Tlakula, Adv Legging Nama, Adv Collen Weapond, Prof Tana Pistorius, and Mr Sizwe Snail.

Nigerian Communications Commission

The NCC has suspended its directive setting price floor for data services.

NEW PROCEEDINGS

South African Law Reform Commission

  • The Commission has released its Discussion Paper 144 on Project 25 in respect of legislation administered by the Dept of Trade and Industry, for comment due 28 Feb 2017.

PENDING PROCEEDINGS – REPRESENTATIONS DUE

Dept of Telecommunications and Postal Services

  • The Minister has published proposed amendments to the Alternative Dispute Regulations made in terms of the ECT Act, which concern domain name disputes, for comment due 11 Dec 2015.
  • The Dept has published the Department’s Language Policy for comment.

ICASA

  • Icasa has given notice of receipt of an application for transfer of the iECNS and iECS licences of Infoman to T- Systems, for comment due 15 Dec 2016.
  • Icasa has called for tenders for the appointment of a service provider to assist with the development of cost models for termination rates, due 11 Jan 2017.
  • Icasa has given notice of receipt of an application for amendment of the licence of Smile 90.4 FM, for comment due 9 Dec 2016.

Nigeria

  • The Nigerian Communications Commission has issued a Request for Proposal to select infrastructure companies to roll out open access fibre in phase II zones, due 15 Dec 2016.

Pending Proceedings – Outcome Awaited

Parliament

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

Minister of Communications

  • Appointment of members of the Appeal Tribunal of the Film and Publication Board
  • Draft Community Broadcasting Support Scheme

Former Minister of Communications

  • Policy  Directions in respect of 800 MHz and 2.6 GHz radio bands
  • Cyber-security Policy
  • 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

ICASA

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

  • Findings in Discussion Document on Equipment Type Approval Exemption
  • Inquiry into the number portability regulations
  • Inquiry into Subscription Broadcasting Services
  • Amended regulations establishing the Consumer Advisory Panel
  • Amendment to the Radio Frequency Spectrum Regulations, 2015
  • Regulations on code of conduct for premium rated services
  • 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 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

  • Cybercrimes and Cybersecurity 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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