Convergence Bill summary released

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dominic

Legal Expert: Telecoms
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http://www.doc.gov.za/images/notice_converg_bill_010305.pdf

GENERAL NOTICE

NOTICE 263 OF 2005

DEPARTMENT OF COMMUNICATIONS

PUBLICATION OF EXPLANATORY SUMMARY OF CONVERGENCE BILL

The Minister of Communications intends to introduce the
Convergence
Bill in the National Assembly shortly. The explanatory summary
of the
Bill is hereby published in accordance with Rule 241 (1 )(c) of
the
Rules
of the National Assembly.

The Bill provides for:

The promotion of convergence in the broadcasting,
broadcasting
signal
distribution and telecommunications sectors and to provide the
legal
framework for convergence of these sectors; new provision for
the
regulation of communications and network services; the granting
of new
licences and new social obligations; the control of the radio
frequency
spectrum; matters affecting the Universal Service Agency; and
for
matters
incidental thereto.

Copies of the Bill can be obtained from:

1. Government Printers - Pretoria

2. Mr. EM Baloyi
Department of Communications
First Floor, Block B
iParioli Office Park
399 Duncan Street
Hatfield
Pretoria
Telephone (012)427 8041/8217

3. Ms. R Schaafsma / Ms. T Madubela Workstation 3/047
Committee Section
Parliament
90 Plain Street
Cape Town
Telephone (021) 403 3742/ 3713
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nothing too exciting in itself but does show there is some progress

folks, if there is one piece of legislation you take an interest in and make an effort to understand, this should be it. in short, the convergence act will replace the telecommunications act.

if you look at the draft bill - get a copy from www.internet.org.za - you will be able to see that there are already problems and telkom & company see this as an opportunity to entrench themselves further

nobody here wants that

with the recent ministerial "clarification" it is easy to see how easily telkom leans on the govt and the minister - there needs to be a balancing voice

so, heads up
 
I hope this is not another "radical" and "bold" move of the same ilk as the recent "big bang liberalisation".

But given the DOCs history I'm sure it will be.
 
My goodess the draft smacks hard of monopoly protection.

(4) No application for the Infrastructure Service Licences shall be made without an invitation to apply issued by the Minister and published in the Gazette.
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Theres the reason why southafrican telecoms is such a mess. :mad:
 
Oh absolutely;

They want to GUARANTEE 2 monopolies, Telkom and the SNO.
 
ic said:
Is it just me? - I see the words EXPLANATORY and SUMMARY, and I think either the word EXPLANATORY is redundant when used with the word SUMMARY, OR being the sceptic that I am I immediately wonder if the Convergence Bill is such a higgledy-piggledy mess that it actually needs separate documents to give the intended audience clues as to what it is all about...?

I dunno, maybe Poison Ivy does this EXPLANATORY SUMMARY thing regularly & I am just too sceptical :rolleyes:...
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publishing the explanatory summary (as opposed to?) is one of the steps required by the Constitution before the Bill can be presented to Parliament...easier to praise telkom than to take anything meaninful out of the summary....

it is a mess and you are right to be sceptic about the septic
 
fair enough really

i have sent requests to everyone for timing of the release - will be presenting a seminar on it end of march and will post up materials
 
27. Entry upon and construction of lines across any lands
(1) A licensee may-
(a) enter upon any land, including any street, road, footpath or land reserved for public purposes, and any railway;

Sheesh - allows for Teklom to use the existing Railway lines for new infrastructure. Thats a but unfair to the SNO methinks. Surely the SNO will want to keep their existing "RailWayLine based" network to themselves, and not be forced to let Teklom lay their own stuff on the same lines.

The same section gives them the right to run cables through or over or under your house. Surely we should have some say here.

29. Pipes under streets
(1)(b) ... purposes break or open up any street, road or footpath ...

Gives Teklom/SNO the right to chop up a road to lay pipes, bot does not specify the state that the road must be returned to once the work is done. The accountability for the state of the road will then fall onto the municipalitie's shoulders even if problems re-occur because of the work done. The SNO/Teklom should be held responsibile for damaging our infrastrucuture, forever.

30. Removal of communications network facilities

This section sets the rules on asking SNO/Teklom to remove their stuff, as well as the procedure if SNO/Teklom wants to remove their stuff.

There should be an option added here that allows for the infrastructure to be sold to anybody else instead of being removed. The way things stand now, only the the SNO/Teklom that put in the infrastructure can EVER use that infrastructure.

32. Trees obstructing communications network facilities

Allows SNO to ask you to trim trees if they think that it may interfere with their network. The first part says that they must give you reasonable notice, and pay for the work done. The second part says that they can do it themselves if you don't respiond in a reasonable amount of time.

BUT -- The third part gives them the right to just do what they want if your trees are causing interference without notifying you. Rediculous. Why bother with the first 2 points then.


Have a good look at this draft - it is quite damn important !!!
 
stoke said:
27. Entry upon and construction of lines across any lands
(1) A licensee may-
(a) enter upon any land, including any street, road, footpath or land reserved for public purposes, and any railway;

Sheesh - allows for Teklom to use the existing Railway lines for new infrastructure. Thats a but unfair to the SNO methinks. Surely the SNO will want to keep their existing "RailWayLine based" network to themselves, and not be forced to let Teklom lay their own stuff on the same lines.

The same section gives them the right to run cables through or over or under your house. Surely we should have some say here.
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The way I read it, it says that it can only enter places as they please if it is reserved for public purposes.

The last time I looked. my house is not for public purposes. SO Telkom can not simply enter as they please.

:)
 
The sections detailing interconnection and leasing of comms facilities look very interesting indeed - I'd need to see the practical effects tho.
 
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