electronic communications act

dominic said:
not yet although i have faith..............

working within the SA telecomms regulatory environment teaches one a special kind of patience
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So what they waiting for?

EDIT - what I mean whats the next step? Gazetting it?
 
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kingmonty said:
this is the process for a bill to become a law:

http://www.doj.gov.za/2004dojsite/legislation/legprocess.htm

Gazetting is the next step after the President has signed it into law
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Thanks for that link - always wondered how things work here - at least in theory.

My next question is if its been signed then why continue sitting on it? Give cronies time to sell off shares?
 
bwana v.10 said:
Any word on the accuracy of your source?
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Even if it was the official spokesperson for Telkom it would not have meant anything, as Telkom is known to go back on their "official" word.
 
bwana v.10 said:
Thanks for that link - always wondered how things work here - at least in theory.

My next question is if its been signed then why continue sitting on it? Give cronies time to sell off shares?
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Mbeki is actually a little behind on his "signing" duties. The new credit bill and several other tabled bills still need to be signed as well.
 
dominic said:
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
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p.12
Regulations by Authority 4. (1) The Authority may make regulations with regard to any matter which in terms of this Act or the related legislation must or may be prescribed, governed or determined by regulation.
Icasa is forced by the ECA to hold formal hearings on according class licenses to municipalities for commercial networks etc. Basically anything that has to do with commercial networks Icasa is forced to have consulations and make rulings. Any network setup that is non-commercial they could make a ruling or not as they wish.

Under Chapter3 Licensing Frameworkd
p.14 nr.4,5
The Authority may grant class electronic communications network services of district municipality operated for commercia1 purposes.
In other words if the local municipality plants telephone poles for non-commercial purposes they don't need Icasa's permission

dominic lets just assume your argument is valid and dappermuis license holders can't plant telephone poles until Icasa says so. Isn't my idea just brilliant of planting the telephone pole on the premises and then formally 'donating' the poles to Mbombela council? This line of my argument nobody has yet addressed. I have discussed this with Charles Kuun, Deon Viljoen and Mr.de Wet and then posted the broad thrust of the discussion on this forum - much to the consternation of the ISps.

p.15 paraphrased:
6. The Authority may prescribe the type of electronic communications networks that may be operated without a licence such as electronic communications services provided on a not-for-profit basis and small electronic communications networks such as local area networks.

Your view implies that a World of Warcarft gaming LAN inside a residence will have to first wait for Icasa to give permission for it's use. Formal consultations must be held before Icasa's decision is published in the government gazette. This is clearly ridiculous.

To reflect p.15 usage of the word may in the grammatical context of p.12 4(1) we must therefore interpret p.15 to mean that Icasa could at is discretion and leasure decide 10years from now to ban community telephone poles not in partnership with council. The word 'boundary' is notably absent from the ECB. Act.96 went into great detail to ban all communications across boundaries. Furthermore what is meant with the phrase 'small local area networks'? How exactly does one define small? Note the usage of the word 'must' in the rest of the document ie. p.44/66(1) etc.
The word 'municipality' only occurs once (p.14). With Icasa bogged down probably for months in thrashing out the
class licenses it must prescribe - providing dappermuise with an oppertunity to plant their telephone poles and
thus a forming a powerblock.

In conclusion:
We are at the dawn of a complete free for all in broaband communications. Once the tide has turned and telephone poles connects blocks of houses one would not be able to ban these networks. The present lack of fixed line communications between premises are the result of people not understanding that John Welch is under no obligation to enforce the Broadcasting Act, Telecoms act, ECA or any other compliance law. Icasa's only teeth is in
confiscating exposed networks on mountain tops, they simply won't be given a warrant to tackle your telephone pole with a chainsaw. Yes, we all know skommelTel is ready to bribe officials.
Thankfully John Welch knows this.
 
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Does the ECT give the minister of comms a lot of power? I remember the convergence bill (renamed to ECT later but not sure how much of it has changed) gave the minister a lot of power to make decisions. If so, will this ever help the telecoms industry? or will signing the bill ever benefit us?
 
kingmonty said:
Mbeki is actually a little behind on his "signing" duties. The new credit bill and several other tabled bills still need to be signed as well.
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But if Mbeki has already signed the bill as dominic's source says then why hasnt it been gazetted?
 
bwana v.10 said:
But if Mbeki has already signed the bill as dominic's source says then why hasnt it been gazetted?
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quite frankly who knows - may be a period of time is needed for *certain* things to be put in place and, pure speculation, there may still be quibbling over the exact date on which it comes into effect (i.e. the proclmation in the gazette can specify a particular date from which the act will be in force)
 
bwana v.10 said:
But if Mbeki has already signed the bill as dominic's source says then why hasnt it been gazetted?
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It's sitting in Mbeki's OUT basket... waiting for his secretary to take it out and send it to the state publishers... there it will land in the editor's IN basket... and sit till he/she thinks it appropriate to do something about it... after which it goes to her/his OUT basket... till somebody cleans it out, and passes it to the setter's IN basket... Get the point? :p
 
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Freshy-ZN said:
So now what happens?
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nothing much

we wait (as usual) for
1. a commencement date to be set
2. the alleged directives to be released
 
ic said:
Right so it has been signed [although doubting Thomas that I am still wants to see a scanned copy of the guavamint gazette notice], but no commencement date set for the ECA - due to her Poisonous Ivyness wanting to control several universes & thereby delaying the ICASA Amendment Bill by 5 months already.

Basically the signing into law of the ECA is neither a step forwards nor backwards - merely a step sideways, IOW we are still in a minefield of pickpocketting guavamint & Telkodemonopolies thieves...
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The Electronic Communications Act, 2005
 
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ic the glass remains half empty :)

it is a step forward although very hesitant one

ECA said:
Existing regulations
95. (1)Within twenty-four months of the coming into force of this Act, the Authority
may, if the Authority considers it necessary, repeal or amend the regulations made
under—
(a) section 119A of the Post Office Act, 1958 (Act No. 44 of 1958);
(b) the Telecommunications Act;
(c) the Broadcasting Act;
(d) the IBA Act;
(e) the Radio Act, 1952 (Act No. 3 of 1952); and
(f) the Sentech Act,
which were in force immediately prior to the commencement of this Act.
(2) The regulations referred to in subsection (1) remain in force until they are
amended or repealed in terms of this Act.
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note this is only after actual commencement

/the huge problem remains ICASA's capacity to actually deal with this...from what i see and hear they are losing people left right and centre to industry
 
dominic said:
ic the glass remains half empty :)

it is a step forward although very hesitant one



note this is only after actual commencement

/the huge problem remains ICASA's capacity to actually deal with this...from what i see and hear they are losing people left right and centre to industry
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Telkom sabotage, delaying tactics? It cheaper and easier to force ICASA in disarray than to comprehend what's coming their way
 
now we wait for the 'imminent' announcement of the opening up of the local loop by Ivy..or am I day dreaming again?
 
derekc said:
now we wait for the 'imminent' announcement of the opening up of the local loop by Ivy..or am I day dreaming again?
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maybe 'ol thabo is pushing her a bit....let's see....
 
telkomsuig said:
maybe 'ol thabo is pushing her a bit....let's see....
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The only thing Heir Thabo would push is his passport over the counter on way to his next overseas assignment and BA plane first class TV remote buttons! Sometimes I wonder if he is still our president or ponder if he emigrated! At least at last he made the effort and pushed a pen to sign the bill, month's later than expected! Must be exhausted now!
 
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