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.



  • An adjudicator has ordered the transfer of the domain mozilla.co.za.


  • The Nigerian Communications Commission released Guidelines on SIM Replacement.





  • Icasa published a Discussion Document to initiate an inquiry to determine how it will implement the ICT sector code, for comment due 30 June 2017.
  • Icasa invited comment on a Discussion Document re pro-competitive conditions imposed in terms of the Call Termination Regulations, due 11 July 2017.
  • Icasa published an invitation to apply for free-to-air TV and MUX 3 frequency licences. The due date is 30 August 2017.


  • The Portfolio Committee on Communications has invited nominations, due 30 June 2017, for Icasa Council, the MDDA Board, and the SABC Board.
  • Comments on the Copyright Amendment Bill are due 30 June 2017.

Dept Trade & Industry

  • Draft amendment to the compulsory specification for electrical and electronic apparatus are published for comment due 26 July 2017.

Dept Economic Development

  • The Minister published two draft amendments to the Competition Act regulations, increasing fees and thresholds for mergers, for comment due 10 July 2017.


  • The NCC has invited input into an Internet Industry Code of Practice, to be concluded 23 June 2017.


  • The Communications Authority of Kenya published draft requirements and procedures for the use of foreign numbering resources in Kenya, for comment due 30 June 2017.


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

Pending Proceedings – Outcome Awaited


  • 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 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 number portability regulations
  • 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 on Discussion Paper 144 on Project 25 in respect of legislation administered by the Dept of Trade and Industry.
  • 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 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


  • Regulations Setting Fees for Spectrum Licenses


  • 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.


  • Licensing Classification and Fees Rules, 2018.

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By | 2017-06-22T09:38:34+00:00 June 22nd, 2017|Categories: IT Law|Tags: , , , |