electronic communications act

dominic

Legal Expert: Telecoms
Joined
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a source within ICASA mentioned that the electronic communications bill has been signed into law and become the electronic communications act

at the same time the ICASA Amendment Bill has been referred back to parliament...

will try to get confirmation
 
My interest is piqued.
 
stoke said:
The pen was imported from italy via brazil using a nigerian courier company who made roughly 80 million rand from the deal.
So what you're saying is it was proudly south african?
 
You know I wasnt always this cynical.
 
daffy said:
It makes Jawug 100% legal!
i believe it will but bear in mind (and assuming for the purposes of this post that Jawug is currently illegal :)) that before an exemption is made for not-for-profit operators there will be a whole ICASA process - drafts, public comment etc where there will be pressurising from the usual suspects to very tightly limit any exemptions - and only once the law has formally been gazetted will there be certainty...until that time the restrictive regulations published under the telecomms act will generally still apply
 
dominic said:
i believe it will but bear in mind (and assuming for the purposes of this post that Jawug is currently illegal :)) that before an exemption is made for not-for-profit operators there will be a whole ICASA process - drafts, public comment etc where there will be pressurising from the usual suspects to very tightly limit any exemptions - and only once the law has formally been gazetted will there be certainty...until that time the restrictive regulations published under the telecomms act will generally still apply

ECB bill final form Icasa's site:
http://www.icasa.org.za/Documents.aspx?Page=105
http://mybroadband.co.za/vb/showthread.php?t=38375
"... P.13,15 says that Icasa may perscribe what type of network. Not must do so, but may do so as it sees fit. Thus you can build your copper/fiber network spanning the entire length of Jhb as long as it is not-for-profit. Lets presume Mbeki signs the ECB tomorrow. Since Icasa has'nt declared any type network illegal for non-profit use, all networks are legal in all configurations crossing any number of roads, until they declare
otherwise"


dominic what is the difference between may and must?

Allow me to slightly modify Telecoms lawyer Janet Mackenzi's answer to henk:
"...Once the ECB is promulgated, the use of the 2.4 GHZ spectrum, fiber, copper connected
to community telephone poles or any other legal transmission medium across boundaries and in Wi-Fi hotspots in public spaces will not have to be licensed."
 
Last edited:
captainwifi said:
http://mybroadband.co.za/vb/showthread.php?t=38375
"... P.13,15 says that Icasa may perscribe what type of network. Not must do so, but may do so as it sees fit. Thus you can build your copper/fiber network spanning the entire length of Jhb as long as it is not-for-profit. Lets presume Mbeki signs the ECB tomorrow. Since Icasa has'nt declared any type network illegal for non-profit use, all networks are legal in all configurations crossing any number of roads, until they declare
otherwise"


dominic what is the difference between may and must?
may means ICASA has a discretion as to whether it will exempt anyone....but at the same time the ECB does give examples of what kind of activities would typically be suitable for declaration as exempt and i think it is safe to say that they will declare certain activities exempt

your logic is the quoted paragraph starts from the wrong basis - it is not a case of everything being legal until it is declared illegal...rather we start from the basis that everything is illegal unless it is properly licensed and it is only once ICASA have officially gazetted that an activity will be exempt from certain licensing requirements that it will become legal to perform such an activitity without the specified licence
 
dominic said:
a source within ICASA mentioned that the electronic communications bill has been signed into law and become the electronic communications act

at the same time the ICASA Amendment Bill has been referred back to parliament...

will try to get confirmation
Any word on the accuracy of your source?
 
bwana v.10 said:
Any word on the accuracy of your source?
not yet although i have faith..............

working within the SA telecomms regulatory environment teaches one a special kind of patience
 
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