ICT Weekly Update

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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.


Dept of Trade and Industry

  • The Dept has published a draft IP Policy – Phase 1, concerning IP and Public Health and International Cooperation. Italsosetsoutgoalsfor Phase 2 ranging from developmental and poverty alleviation needs, to safeguarding the country’s cultural, agricultural and biological heritage.


  • Do you need an iECNS/iECS licence, or have ones you want to sell? Please contact us at info@thornton.co.za.

New Proceedings


  • Icasa has published draft amendments to the End-user and Subscriber Service Charter Regulations setting minimum times for expiration dates of data bundles, for comment due 19 September 2017.
  • Icasa gave notice of an application for amendment of spectrum licence of Power FM, for comment due 25 August 2017.



  • Icasa has requested licensees to complete the ITU World Telecommunication/ICT Indicators long questionnaire 2016 by 11 August 2017.
  • Icasa has called for nominations for the Consumer Advisory Panel, due 18 August 2017.
  • Icasa has initiated a process to identify markets and determine which ones will be the subject of future market reviews to consider ex-ante competition regulation. Comments are due 1 September 2017.
  • Icasa published an invitation to apply for free-to-air TV and MUX 3 frequency licences. The due date has been extended to 16 November 2017.

Competition Commission

  • The Competition Commission has published draft Guidelines for the exchange of information between competitors, for comment due 14 September 2017.


  • The Lesotho Communications Authority issued an invitation to apply for individual Network Services and Network Infrastructure licences, due 18 August 2017.


  • The Nigerian Communications Commission published a draft Authorization Framework for the use of Amateur Radio in Nigeria.

Pending Proceedings – Outcome Awaited


  • Appointments to Icasa Council, MDDA Board, and SABC Board
  • Copyright Amendment Bill
  • Cybercrimes and Cybersecurity Bill
  • Films and Publications 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

  • 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
  • Set top box manufacturing sector development strategy
  • 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]

  • Findings re the Discussion Document on pro-competitive conditions imposed in terms of the Call Termination Regulations
  • 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


  • 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 (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

  • 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

Competition Commission

  • Guidelines for the Determination of Administrative Penalties for Failure to Notify a Merger.


  • 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

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By | 2017-08-14T12:51:03+00:00 August 8th, 2017|Categories: IT Law|Tags: , , , |