ICT Weekly Update

//ICT Weekly Update

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.



  • Icasa will hold oral hearings in respect of the Draft Radio Frequency Migration Plan, 25-26 October 2018.
  • Icasa received further information from applicants for commercial TV and MUX 3 spectrum licences. Further comment is invited, due 9 November 2018.

Competition Commission

  • The CC published comments presented in the oral hearings in respect of the Data Services Market Inquiry.

National Assembly

  • The NA passed the Competition Amendment Bill on 23 October 2018.

New Proceedings


  • The Portfolio Committee on Trade and Industry called for comments on amendments to the Performers’ Protection Amendment Bill, due 31 October 2018.


  • LCA announced the School Connect project, which will provide access and training. Applications from schools are due 15 December 2018.



  • The Minister has called for comment on its proposed policy directions on the licensing of high demand spectrum, due 8 November 2018.


  • The Minister has invited comments on a draft policy direction re the introduction of digital sound broadcasting, due 10 November 2018.


  • Icasa gave notice of applications for the transfer of the iECNS/iECS licensee of Leon Toerien to Pioneer Connect, for comment due 26 October 2018.
  • Icasa has initiated a regulatory impact assessment of the Must Carry Regulations of 2008. Representations are due 26 October 2018.
  • Icasa called for applications for the MUX3 spectrum licence for providing commercial subscription TV broadcasting services, due 31 October 2018.
  • Icasa has initiated an inquiry into the roles and responsibilities of Icasa with respect to cybersecurity, for comment due 30 November 2018.
  • Icasa has published a notice of intention to conduct an inquiry on unreserved postal services, for comment due 3 December 2018.


  • The Portfolio Committee on Trade and Industry called for comments on amendments to the Copyright Amendment Bill, due 26 October 2018.


  • The NCC published a draft Internet Industry Code of Practice for comment due 2 November 2018.


  • BOCRA called for comments on the draft frequency plan and migration plan, due 26 October 2018. The remainder of the draft spectrum management issues can be commented on by 9 November 2018.



  • Ikamva National e-Skills Bill
  • Critical Infrastructure Protection Bill, 2017
  • Copyright Amendment Bill
  • Cybercrimes and Cybersecurity Bill
  • Films and Publications Amendment Bill, 2015
  • Protection of State Information Bill


  • Findings in respect of its review of the public broadcasting sector.
  • New tariffs in terms of the Films and Publications Act
  • Appointments to the Evaluation Panel
  • Draft Community Broadcasting Support Scheme

Telecommunications and Postal Services 

  • Postal Services Amendment Bill 


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

  • Amendments to the party election broadcasts and political advertisements regulations, 2014
  • Radio Frequency Migration Plan
  • Regulatory Framework for Community Broadcasting
  • Findings document re Digital Sound Broadcasting
  • Second draft update to Annexure A of the Terrestrial Broadcasting Frequency Plan
  • Spectrum Assignment Plans for 2025-2110 paired with 2200-2285; 2285-2300; 1518-1525; 138-143.6; 150.5-153; 380-400; 440-44; 825-830; 870-875; 75.2-87.5, and 156.4785-156.5625 MHz bands
  • Code for Persons with Disabilities
  • Inquiry into Subscription TV Broadcasting Services
  • WTO conformity assessment procedure for Certificates of Compliance for Electromagnetic Interference/Compatibility
  • Inquiry to determine how to implement the ICT sector code
  • Amended call termination regulations
  • Information Memorandum for licensing IMT spectrum
  • VoIP Market Inquiry Findings
  • Inquiry into the state of competition in the information and communications technology sector
  • 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

South African Law Reform Commission

  • Report and Recommendations on the review of the law of (electronic) evidence.

Economic Development

  • Competition Amendment Bill
  • Amendments to the Competition Act regulations, increasing fees and thresholds for mergers
  • Amendments re how assets and turnover are calculated

Environmental Affairs

  • Regulations for the making of Environmental Management Instruments
  • National Biodiversity Offset Policy

Justice and Constitutional Development

  • 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 Cybercrime.

Science and Technology

  • National Research Foundation Board
  • South African National Space Agency Board
  • Appointments to National Advisory Council on Innovation
  • Science and Technology Laws Amendment Bill

National Treasury

  • Regulations to expand the definition of “electronic services” in VAT Act

.za DNA

  • law.za charter

Competition Commission

  • Market inquiry into Data Services
  • Investigation into Vodacom exclusive contract with the National Treasury
  • Guidelines for the exchange of information between competitors
  • Guidelines for the Determination of Administrative Penalties for Failure to Notify a Merger.

Information Regulator

  • Regulations relating to the Protection of Personal Information

City of Johannesburg

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


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


  • Additional requirements to enhance accessibility to broadcasting services by persons with disabilities
  • Regulatory interventions for IoT
  • Specifications for mobile devices, 13 Jan 2018
  • Guidelines for Network Redundancy, Resilience and Diversity
  • Minimum technical specifications for cable and satellite TV receivers.
  • Requirements and procedures for the use of foreign numbering resources
  • Revised guidelines on prevention of dissemination of undesirable bulk political messages
  • Draft Technical Specification for IPTV Set Top Boxes.


  • Licensing Classification and Fees Rules


  • Guidelines on Submission of Interconnection Agreements and Tariffs


  • Internet Industry Code of Practice, 9 Feb 2018
  • Authorization Framework for the use of Amateur Radio
  • Commercial Satellite Communications Guidelines.


  • Numbering plan for M2M and IOT applications.


  • Radio Spectrum Management Policy

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By | 2018-11-06T09:39:18+00:00 October 23rd, 2018|Categories: IT Law|Tags: , , , |