new Electronic communications bill (pdf)

[gljackson]

Hi Guys

I've finally managed to find the new Electronic communications bill.
It can be found here :
http://www.info.gov.za/documents/bills/2005.htm

just search for b9b-2005

 

[dominic]

http://www.busrep.co.za/index.php?fArticleId=3017667&fSectionId=552&fSetId=662

bill passed unamended by the NCOP

 

[TheRoDent]

Ugh. What a horrible document. Doesn't change a damned thing in this country, really.

 

[dominic]

Ugh. What a horrible document. Doesn't change a damned thing in this country, really.

mmmm - right in that it what is done with the damn thing that is important and given icasa's state there is not too much hope there

but there are a couple of things in there that y prove to be worthwhile - looking at xemptions from licensing for non-profit activities + ability to register for infrastructure licence on a local or district level

but essentially yeah...the more things change the more they stay the same

 

[TheRoDent]

Yah, essentially it means Jawug is now legit ? Opinion ?

 

[Bobb]

And Don't forget DWC

 

[dominic]

an i thought you didn't care

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 20
spectrum that the Authority finds would not cause harmful interference with
radio frequency spectrum licensees such as low power uses; and
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 section l7H of the ICASA Act.

short answer - its in the hands of ICASA but the bill gives a very strong indication that ICASA should exempt intiatives like jawug....it will not be automatically legalised by the passing of the act but only when ICASA gazettes that non-profit activities are exempt

also from the above that while no licence may be required there may still be applicable regulations

 

[gljackson]

http://www.busrep.co.za/index.php?fArticleId=3017667&fSectionId=552&fSetId=662

bill passed unamended by the NCOP

Does this mean it should now be on its way to the president to sign into law?

 

[dominic]

Does this mean it should now be on its way to the president to sign into law?

nearly - has to go back to the National Assembly for final approval - highly unlikely that anything will get changed there

then off to el presidente for signature

2 things
1. it may get held up by the icasa amendment bill
2. there can be quite a gap between signing by the president and eventual proclamation of the commencement date in the gov gazette

 

[mystic]

Obligation to lease electronic communications facilities

The good news:

43.(8) The Authority must prescribe a list of essential facilities including but not limited
t o-
(a) electronic communications facilities, including without limitation local loops,
sub-loops and associated electronic communications facilities for accessing
subscribers and provisioning services;
(b) electronic communications facilities connected to international electronic
communications facilities such as submarine cables and satellite earth
stations: and
(c) any other such facilities,
required to be leased by an electronic communications network service licensee in terms
of subsection (1).
(9) The Authority must review the list of electronic communications facilities at least
once every 36 (thirty six) months and, where the Authority finds market conditions
warrant it, make modifications to such list after undertaking an inquiry in accordance
with section 4B of the ICASA Act.
(10) An electronic communications network service licensee may not enter into any
agreement or other arrangement with any person for access to, or use of, any
international electronic communications facilities, including submarine cables and
satellites, that-
(a) contains an exclusivity provision;
(b) contains provisions that create undue barriers to access to and use of such
international communication facilities; or
(c) otherwise restricts any party to such agreement or other arrangement from-
(i) leasing;
(ii) selling; or
(iii) otherwise entering into an agreement with any licensee under this Act or
person providing services pursuant to a licence exemption for access to,
(1 1) Any exclusivity provision contained in any agreement or other arrangement that
is prohibited under subsection (10) is invalid from a date to be determined by the
Minister after consultation with relevant parties.

 

[captainwifi]

(a) electronic communications services provided on a not-for-profit basis;

Great this formally legalizes CCTV using any communicatios medium
Dslam/Fiber/Wi-fi. Yes, yes Icasa must formally do whatever it is that
they do. How could they possibly not legalize fiber crossing the road
for CCTV purposes, and if Internet data crosses the same fiber - what on
earth will they do about it?
We can now legally string dslam copper wire from rooftop to rooftop and simply claim that we won't dream of reselling www.intersatafrica.com satellite data on this network.

And another thing, don't ever ever register your network with Icasa.
What a relief my major problem was fielding questions from Hazyview
residents concerning the legality of data crossing boundaries.

The upshot is that you can't formally/openly advertise that you are reselling Sat data without a license.
And even if you do - so what, what is Vusi Pikoli going to do about it? The situation for illegal Wisps with easily
targetable highsite remains the same though. Icasa will zap those radio's if you resell data without a license.

 

[mbs]

... here we go again! mebbe 'cos it's Friday, and the insanity of the weekend ahead precludes sober thought...

 

[captainwifi]

... here we go again! mebbe 'cos it's Friday, and the insanity of the weekend ahead precludes sober thought...

If only you would give some facts and be specific.

(1) may include, but are not limited to-
(a) electronic communications services provided on a not-for-profit basis;

As stated elsewhere Icasa can now formally legalize a private company Que Incidence 48core fiber network running the length of Pretoria CBD, that's all.
It finally provides Que Incidence with a legal basis for their networks which they are operating with a profit motive.

dominic please you said elsewhere you will come back to me on this. Would
you care to comment on my CCTV/Fiber line? I have not had a single factual argument for/against my idea of using CCTV as a ruse to setup a fiber/fixed wire Internet data network.

 

[mbs]

Very simply, here are the facts -
1) If you wish to provide a service that falls within the ambit of the law and which requires a license, apply for one.
2) If you wish to 'stretch' the law based on the belief that your provision is not currently covered by same, request a determination by ICASA (including your CCTV mechanism).
3) Forget about 'ruses', cutting through roads, and other madcap mechanisms to ensure provision - do it above-board, completely honestly and transparently, and we'll all be better-off for it, including those you wish to service.
'nuff said.