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 held hearings in its process to update the National Radio Frequency Plan, on 9 and 10 February 2017.
  • Icasa will hold a hearing in respect of its Inquiry into number portability regulations, on 16 February 2017. The schedule is available here.
  • In September 2016, Icasa invited applications for broadband spectrum in the 700 MHz, 800 MHz and 2.6 GHz bands. It has issued a notice deferring until further notice the timeframe for the award process.

.za DNA

  • A panel of adjudicators has ordered the transfer of the domain nationallotery.co.za to the National Lotteries Commission.
  • The SGM of the .za DNA will be held on 28 February 2017.

Uganda

  • The Uganda Communications Commission has published a warning to unlicensed outdoor community broadcasting stations, known as Bizindalos.

Lisa Thornton Consulting

  • Find a series of articles unpacking the ICT White Paper published by the Dept here..

NEW PROCEEDINGS

Icasa

  • Icasa has given notice that it intends to review pro-competitive conditions imposed on licensees in the call termination regulations. Licensees are requested to submit information in response to a questionnaire. Questions about the questionnaire may be submitted to Icasa by 22 February 2017.

Uganda

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

PENDING PROCEEDINGS – REPRESENTATIONS DUE

Dept of Telecommunications and Postal Services

  • The department is proposing to extend the exclusivity period for the Postal Services another five years. Comments are due 2 March 2017.

Icasa

  • The following licence amendment applications have been received and comments are due 24 Feb 2017.
    – WBS – universal service obligations
    – Telkom – payphone obligations
    – Sentech – universal service obligations

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.

Dept Justice and Constitutional Development

  • The Dept has invited comment on the proposed draft Code of Good Administrative Conduct, due 17 Feb 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 the 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 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

  • 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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