Electronic Communications Act commences today

[dominic]

There is a small article in today's Business Report to the effect that the ECA and ICASA Amendment Act came into effect today.

Accordingly it is no longer imminent.

Now release the ADSL regulations please.

 

[pope24]

ELECTRONIC COMMUNICATIONS ACT AND ICASA AMENDMENT ACT COME INTO OPERATION

The Department of Communications welcomes the announcement by the Presidency that the two laws governing the Information and Communications Technologies (ICT) sector- the Electronic Communications Act and the ICASA Amendment Act – will come into operation with effect from tomorrow.

These two pieces of legislation were signed into law by President Thabo Mbeki earlier this year. The EC Act and the ICASA Amendment Act effectively repeal the current Telecommunications Act of 1996 as amended and some sections of the Broadcasting Act, except those dealing with public broadcasting.

The commencement of the ICASA Amendment Act also provides for the Postal Regulator, previously given its mandate by the Department of Communications, to be incorporated into the Independent Communications Authority of South Africa (ICASA), effectively ceasing to exist as a body under the Department.

"This is terrific news for the country as a whole and must be welcomed by the whole sector, both public and private. The commencement of the Acts gives us a clear indication for the rapid modernisation of the ICT sector that would put us at the forefront in the global development of the ICT sector," says Deputy Minister of Communications, Mr Radhakrishna Padayachie.

The commencement date of the Acts ushers in a new era in the ICT sector in the country, with the Department of Communications at the forefront of ensuring that policy-development in the sector takes cognisance of the convergence of services in line with international trends.

"The impact would be seen in a short while in relation to costs and efficiency of telecommunications in the country as well as universalisation and access to these technologies," adds the Deputy Minister of Communications, Mr Radhakrishna Padayachie

 

[dominic]

The commencement of the Acts gives us a clear indication for the rapid modernisation of the ICT sector that would put us at the forefront in the global development of the ICT sector," says Deputy Minister of Communications, Mr Radhakrishna Padayachie.

The commencement date of the Acts ushers in a new era in the ICT sector in the country, with the Department of Communications at the forefront of ensuring that policy-development in the sector takes cognisance of the convergence of services in line with international trends.

"The impact would be seen in a short while in relation to costs and efficiency of telecommunications in the country as well as universalisation and access to these technologies," adds the Deputy Minister of Communications, Mr Radhakrishna Padayachie

vomit
what a load of unmitigated BS

 

[Skip]

Llu Now!

 

[dominic]

@ pope24 - do you have a link for that pls?

 

[pope24]

It was a press release from the DOC. I got it on e-mail.

 

[Sneeky]

The commencement of the Acts gives us a clear indication for the rapid modernisation of the ICT sector that would put us at the forefront in the global development of the ICT sector," says Deputy Minister of Communications, Mr Radhakrishna Padayachie.

ROFL,, Roy cracks me up every time hehe.

 

[ic]

...
"The impact would be seen in a short while in relation to costs and efficiency of telecommunications in the country as well as universalisation and access to these technologies," adds the Deputy Minister of Communications, Mr Radhakrishna Padayachie

Hmmm sounds like it will solve guavamint corruption and poverty and lack of service delivery as well...

Looks like DMoCk Roy has started using the words "short while" now in place of "imminent", how about a sub-domian: shortwhile.imminent.za.net?

 

[savage]

So...

ICASA held off on the DSL regulations untill the ICASA Ammendment Act... Now we have the act, wonder how long ICASA is still going to waiste time before slapping these regulations onto telkom?

 

[kingmonty]

So...

ICASA held off on the DSL regulations untill the ICASA Ammendment Act... Now we have the act, wonder how long ICASA is still going to waiste time before slapping these regulations onto telkom?

Probably trying to see how much they can get from bribes, etc first

 

[skydog]

Does this mean WUGs are now legal?

 

[dominic]

Does this mean WUGs are now legal?

nope

it means the framework under which they can be declared as licence-exempt is now in place (assuming the WUGs stay explicitly non-commercial)

the kicker, as always, is that we have to wait for ICASA to undertake a study of what kind of activities should be licence exempt; they will then publish the study / draft regulations for comment, telkom and others will go postal etc etc until final regulations are gazetted

then......

predicting time periods with the DoC is a mug's game but I would put it at 2 - 3 years

in the meantime i would suggest you carry on as usual - if the wisps are being left alone (and in some cases ICASA is even assisting them with their set-up and interference issues) then i cannot see how WUGs could be regarded as problemmatic

 

[skydog]

nope

it means the framework under which they can be declared as licence-exempt is now in place (assuming the WUGs stay explicitly non-commercial)

the kicker, as always, is that we have to wait for ICASA to undertake a study of what kind of activities should be licence exempt; they will then publish the study / draft regulations for comment, telkom and others will go postal etc etc until final regulations are gazetted

then......

predicting time periods with the DoC is a mug's game but I would put it at 2 - 3 years

in the meantime i would suggest you carry on as usual - if the wisps are being left alone (and in some cases ICASA is even assisting them with their set-up and interference issues) then i cannot see how WUGs could be regarded as problemmatic

Thanks for the answer Dominic

can you possibly explain Chapter 3 section 6 a bit better to an idiot like me

you saying that fact that they say "may include," in section 6.2 means they still have to decide?

Let me rephase the question.
is it more legal then it was before?
Less grey area? more?

Not that it ever stopped me before and many of the Durbanites will know from our first meetings 1 1/2 years ago.

The question "Is DWC legal?" comes up when we ask people to put stuff on buildings and so on. it would just be nice to answer YES

no commercial stuff all non profit

 

[dominic]

Licence exemption
6. (1) Subject to subsection (2), the Authority may prescribe the—
(a) type of electronic communications services that may be provided;
(b) type of electronic communications networks that may be operated;
(c) type of electronic communications network services that may be provided;
and
(d) radio frequency spectrum that may be used, without a licence.
(2) The electronic communications services, electronic communications networks, electronic communications network services and radio frequency spectrum contemplated in subsection (1) may include, but are not limited to—
(a) electronic communications services provided on a not-for-profit basis;
(b) electronic communications services that are provided by resellers;
(c) private electronic communications networks used principally for or integrally related to the internal operations of the network owner. Except that where the private electronic communications networks’ additional capacity is resold, the Authority may prescribe terms and conditions for such resale;
(d) small electronic communications networks such as local area networks;
(e) uses of the radio frequency spectrum that were permitted without a licence prior to the coming into force of this Act and uses of the radio frequency spectrum that the Authority finds would not cause harmful interference with radio frequency spectrum licensees such as low power uses; and
(f) such other services considered to be exempted, as may be prescribed by the Authority.
(3) Any regulations prescribed by the Authority in terms of this section may contain terms and conditions applicable to the exempted electronic communications services, electronic communications networks, electronic communications network services and radio frequency spectrum use and declare contravention of the regulation an offence, subject to section17H of the ICASA Act.

...a lot of "may's" in there
- the into to section 6(1) - "may" -means that ICASA has a discretion as to whether to declare anything license exempt (this is not true in respect of certain frequency bands where SA has international treaty obligations through the International Telecommunications Union)

- so the first step is for ICASA to do a study and see if there are any services which it regards as being worthy of exemption
- if there are it must then decide whether it will nevertheless apply terms and conditions to the exempted service (e.g. you do not need a licence to run a WUG but if there are interference issues then you need to do the following..)

my opinion is that the examples given in subsection 2 are pretty much assured of being given exempt status - unfortunately that is just an opinion and not the way the law stands at this point

...is it more legal than before? at the moment it is exactly what it was before (a big fat messy grey area without any clear precedent)

the good news is that the new act at least contemplates cleaning up the mess and providing a far clearer framework

 

[.geek]

http://www.itweb.co.za/sections/telecoms/2006/0607191401.asp?A=ITG&S=IT in Government&O=FPIN

Not sure if this is related..

[Johannesburg, 19 July 2006] - President Thabo Mbeki has proclaimed the commencement of the Electronic Communications (EC) Act and the Independent Communications Authority of SA (ICASA) Amendment Act as of today. The proclamation was published yesterday in the Government Gazette.

http://www.itweb.co.za/sections/telecoms/2006/0607191200.asp?S=Legal View&A=LEG&O=FPLEAD

 

[skydog]

...a lot of "may's" in there

as always thanks for the great insight.

yip lots on mays

my opinion is that the examples given in subsection 2 are pretty much assured of being given exempt status - unfortunately that is just an opinion and not the way the law stands at this point

Well , my interpretation of that Law is that it is legal.
Isn't that what happens in court cases two people arguing their different interpretions of the law?

oh well... does not stop me from doing anything i wasn't already doing

thanks again

 

[dominic]

ya sure

put it this way - if you want to wait for a decision from ICASA......

 

[-toady-]

laffin at IC

*shortwhile.imminent.za.net?*


CacklinToad
__________
A Good Citizen IS a nuisance

 

[krycor]

read out loud its almost the story of SA vs internet.

 

[captainwifi]

Paraphrased
6. (1) Subject to subsection (2), the Authority may prescribe the—
type of electronic communications services that may be provided such
as the network topology of small local communications networks such as local area networks.

Notably absent is the word 'boundary' in the ECA - it's doesn't exist. Nowhere does
the ECA say that non-profit data networks aren't allowed to cross boundaries.
Icasa though has the right to actually ban games on local LANS - they may do so
, they don't have to do so. And until such a time as Icasa bans Warcraft gaming
crossing boundaries via a copper wire (gaming type electronic service in other words) you can carry on sending gaming data across the boundary or inside the boundary.

What dominic is implying is that we must wait 3 years for Icasa to make some sort
of ruling on what non-profit electronic services may be provided either inside a boundary or outside a boundary .

Icasa thus actually have far greater powers than accorded it under Act.96 which they may use at their discretion

It specifically also means that non-profit telephone poles are now legal either inside a boundary or outside a boundary until Icasa declares otherwise.
Dominic's view is simply wrong.

Paraphrased again
Licence exemption
6. (1) Subject to subsection (2), the Authority may prescribe the—type of electronic communications networks that may be operated and the type of radio frequency spectrum that may be used, without a licence either inside a boundary or outside a boundary, but until such a time as they do you are allowed to operate your non-profit printer network printing data
originating either inside your boundary or outside your boundary

Or until such a time as Icasa bans CCTV running on telephone poles either inside boundaries our crossing boundaries you can stream the data. dominic is implying that all data services crossing boundaries are illegal until such a time as Icasa declares
it legal. No, all non-profit data services either crossing boundaries or staying inside boundaries are legal until Icasa
declares a specific data service illegal either inside a boundary or outside or bot.h

Clearly there are thousands of types of electronic communications data services that can be provided. How could dominic possibly imply that the intention of p.15 was that your LAN using a router either inside or outside a boundary is illegal until Icasa makes
a ruling? As dominic stated on another thread:"Everything is illegal until Icasa declares it legal".

ECA as applied to Golfing estates and private residential houses in a municipal area
What is the difference under the ECA?
Answ: Absolutely none!

Under Act.96 Golfing estates was considered by Icasa and Telkom to be one seemless property and thus Telkom had no problem
in selling them a Diginet line which was shared by everybody. Under the ECA this distinciont falls away!
Legally both private single properties (PSP) and Golfing estates can now resell a Telkom diginet line if they don't make a
profit. And carefully note the wording of p.15 - "non-profit". This means you can charge money so as to cover your costs.

Now this will be the position until Icasa decides otherwise. Icasa has basically complete control over all network topologies and
because it will take them at least 3years to make even a statement concerning non-profit networks we the public have a golden
opertunity to form a fixed wired power block.

With the ECA you must reprogram your mind and get this 'data crossing boundaries' idea banished.
The demarcation under the ECA is between non-profit (which needs no license) and commercial (which needs a license)
, wether such data crosses a boundary or not. In other words Icasa reserves the right to insist you have a license if
you resell commercial data inside a boundary with a profit motive
Under Act.96 the demarcation was between data inside boundaries and those crossing boundaries. No distinction was made
between non-profit data and commercial data, leading to the absurd situation that CCTV wasn't allowed to cross boundaries.

The logic of the ECA:
From a regulators perspective the ECA accords it the powers to regulate the convergence of Voice, Video and Data either inside boundaries or data crossing
boundaries. Nobody knows what is the next technological marvel. I believe X-max is far superiour to anything we might have known of. Icasa needs to be able to rapidly adapt the regulatory environment to
innovative communications networks that could be invented.

Final note
What is the constitutionality of p.15? Doesn't it perhaps infringe on my rights? The only person who would be able to test p.15 in
a criminal proceding is the Director of Public Prosecutions - not Icasa or Telkom or anybody else.