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
- Second Call Termination Regulations, 2017.
- Tariff notifications analysis report, Jan-June 2017.
- Investigation into Vodacom exclusive contract with the National Treasury.
- Commercial Satellite Communications Guidelines.
Trade and Industry
- Draft standards of comment, including in respect of Cable Trunking and Ducting Systems, due 7 Dec 2017.
- State of ICT Sector Data Collection, due 30 Nov 2017.
- Draft Spectrum Assignment Plan for 75.2-87.5 MHz, comment due 27 Oct 2017.
- Draft Spectrum Assignment Plans for 2025-2110 paired with 2200-2285; 2285-2300; 1518-1525; 138-143.6; 150.5-153; 380-400; and 440-441 MHz, comment due 1 Dec 2017.
- Fresh TV licence application, for comment due 25 Oct 2017.
PENDING PROCEEDINGS – REPRESENTATIONS DUE
- Icasa is considering cancelling the following licences by 17 October 2017: Blue IQ Investment Holdings and 45 Degree Holdings.
- Draft spectrum assignment plan for the 825-830 and 870-875 band for comment due 20 October 2017.
- Inquiry into Subscription Television Broadcasting Services, for comment due 14 Nov 2017.
- Invitation to apply for free-to-air TV and MUX 3 frequency licences, due 16 Nov 2017.
- WTO revised conformity assessment procedure for Certificates of Compliance for Electromagnetic Interference/Compatibility, for comment due 28 Nov 2017.
- Draft new tariffs in terms of the Films and Publications Act, for comment due 30 Oct 2017.
- Nominations to the Evaluation Panel, to evaluate the performance of Icasa, due 30 Oct 2017.
- Call for submissions in market inquiry into Data Services, due 1 Nov 2017.
- Draft regulations for the making of Environmental Management Instruments, for comment due 16 Oct 2017.
- Amendments re how assets and turnover are calculated, for comment due 16 Oct 2017.
- Draft Regulations relating to the Protection of Personal Information, for comment due 7 Nov 2017.
Trade and Industry
- Draft standards for comment, re Fixed Radio Systems and Cable Trunking and Ducting Systems, due 21 Nov 2017.
Pending Proceedings – Outcome Awaited
- Critical Infrastructure Protection Bill, 2017
- Appointments to Icasa Council, MDDA Board, and SABC Board
- Copyright Amendment Bill
- Cybercrimes and Cybersecurity Bill
- Films and Publications Amendment Bill, 2015
- Protection of State Information Bill
Minister of Communications
- Draft Community Broadcasting Support Scheme
Minister of Telecommunications and Postal Services
- National e-Strategy
- National e-Government Strategy and Roadmap
- ICT SMME Support Strategy
- Amendments to the Alternative Dispute Regulations.
Former Minister of Communications
- Strategy on local and digital content development
- Findings of the study on the trends of digital local content and uptake rates
[Pending decisions about individual licenses and complaints are not included in this list]
- Identity of markets to determine which ones will be the subject of future market reviews
- Amendments to the End-user and Subscriber Service Charter Regulations
- Consumer Advisory Panel appointments
- Findings Document re inquiry to determine how to implement the ICT sector code
- Findings Document on the Regulatory Framework for Community Broadcasting Services
- Regulations on the use of TV White Spaces
- Amended call termination regulations
- Amended National Radio Frequency Plan
- Inquiry into Subscription Broadcasting 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
South African Law Reform Commission
- Report and Recommendations on the review of the law of (electronic) evidence.
Dept of Trade and Industry
- Amendment to the compulsory specification for electrical and electronic apparatus
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 ed of the Astronomy Advantage Areas Act
Dept Economic Development
- Amendments to the Competition Act regulations, increasing fees and thresholds for mergers
Minister Environmental Affairs
- National Biodiversity Offset Policy
Minister of 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 Cyber crime (dealing with computer-related fraud and forgery and infringement of copyright).
- law.za charter
- Guidelines for the exchange of information between competitors
- Guidelines for the Determination of Administrative Penalties for Failure to Notify a Merger.
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 in Botswana
- Procedures for Adjudication of Disputes
- Price Cap Regulations
- Radio Spectrum Management Policy for Uganda
- Guidelines for Network Redundancy, Resilience and Diversity on Information and Communication Networks in Kenya.
- 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
- Licensing Classification and Fees Rules, 2018
- The Lesotho Communications Authority issued an invitation to apply for individual Network Services and Network Infrastructure licences, due 18 August 2017.
- Internet Industry Code of Practice
- Authorization Framework for the use of Amateur Radio