New licence exemption regs

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dominic

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for services & for frequency - http://www.ellipsis.co.za/index.php/final-regulations/

of note here is that it appears as if the licence exemption for the use of WLAN equipment in the 2.4GHz band is gone.....

they have also removed the mesh network provisions but i think that the WUGs will still be covered by the definition of a small electronic communications network service

wtf?
 
u can use
- non-specific SRD with eirp of 10mW
- FDDA with eirp of 25mW
- low power video surveillance with eirp of 100mW

so probably best to call it a LPVS RLAN....:)
 
http://www.ellipsis.co.za/wp-content/uploads/2008/07/licence_exemption_regulations_2008.pdf

Gazette notice:
"Small electronic communications network" means an ECN that lies within a
limited spatial area, used by a specific user group, has a specific topology and is not an ECNS of national, provincial, district or local municipal scope, but may be connected to one which is licensed or licence exempt. For example Local Area Network (LAN) or wireless LAN (WLAN).


The gazette notice references the following passages in the ECA:

6.2(c)
Private electronic communications networks (PECN) 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


92.(2) Any person who, immediately before the commencement of this Act, lawfully provided any service or used the radio frequency spectrum in terms of the Telecommunications Act, the Broadcasting Act or the IBA Act without a licence, is
considered to have a licence exemption in terms of section 6 to continue to provide such service or use the radio frequency spectrum, unless notified in writing by the Authority that such service or the use of the radio frequency spectrum requires
a licence in terms of this Act.

...Of Municipal scope ...
The latest gazette notice read in context of the ECA 6.2(c) and 92.(2) with the term "...municipal scope.." basically says that fiber and copper
can't cross the road, since this crosses a municipal boundary. Icasa has for the first time interpreted the ECA as they see it.

The issue is intent , what was the intent of the ECA ? Certainly not to give the public the right to run their own fiber cable from PTA to JHB. And in
any court ruling a judge will take the intent of the ECA into consideration. IF your intent is to setup a Wi-fi system and resell data to everybody in a radius of 10km, Icasa would have a case against you. But if you cross the road with a radio signal only a small distance to link your two houses then you intent is clear: Not to provide a commercial service.

Lets presume SAB has buildings on both sides of the road and wish to setup a PECN between these two networks by running a fiber under the road. Their intent isn't to resell Neotel data and thus it would be legal for them to cross the road but not to run a fiber between their JHB and PTA offices for this would absorb to large extent the whole point of having a Neotel. Jawug would seem to be borderline situation because the networks crosses extended municipal boundaries and people are using it to provide commercial services "undercover". How would one any case prevent resale of data?

This is in stark contrast to Act.96 which outright forbid all data crossing a boundary.


Fiber for CCTV seems legal
A community setting up a non-profit company to stream CCTV via fiber over roads seems legal. The term " small network" is ambiguous - how small is small ?
If your intent with a "small" regional network covering 10 roads is not to become the next Neotel but to CCTV the street then I can't see Icasa having a problem with it. If the result of your network doesn't impact the revenues Neotel would have made, Icasa will probably not send you a notice.

All of this of academic importance
None of this nonsense would ever get past the NPA, it is largely of academic importance. The only issue would be if Icasa sends you a notice that say your WUG tower is reselling data and that they will confiscate your gear if you don't desist. Thus what damages in terms of physical confiscation can Icasa inflict, this is all we should concern ourselves with.


Private Estates - Icasa has just asserted its jurisdiction over you as I predicted
ON this site http://tinyurl.com/6kcq2x I predicted that Icasa will eventually make some sort of ruling about private estates running fiber under their roads. This gazette notice by Icasa was the notice, read it carefully and see that Icasa now has control over every electron inside a boundary using any network topology for any purpose using any device or apparatus licensed or not.

Read especially the part on th ITWEB article where ISPA jumped the gun and told us what Icasa was planning to do, they have now done so.
 
Last edited:
NOTICE
912 OF 2008
INDEPENDENT COMMUNICATIONS AUTHORiTY OF SOUTH AFRICA
REGULATIONS
REGARDING
LICENCE
EXEMPT
ELECTRONIC
COMMUNICATIONS NETWORKS, ELECTRONIC COMMUNICATIONS NETWORK
SERVICES AND ELECTRONIC COMMUNlCATlONS SERVICES IN TERMS OF
SECTION 6 OF THE ELECTRONIC COMMUNICATIONS ACT, 2005 (Act No.
36
of
2005)
I, Paris Mashile, Chairperson of the Independent Communications Authority of South
Africa ("the Authority") acting on behalf of the Council of the Authority, hereby
approve and publish regulations in the schedule prescribed in terms of section
4
read
with section 6 of the Electronic Communications Act, 2005 (Act No. 36 of 2005).
PARIS MASHILE
CHAIRPERSON
Page 2
4 No.
31289
GOVERNMENT GAZETTE,
29
JULY 2008
SCHEDULE
1. DEFINITIONS
In these Regulations, any word or expression has the meaning assigned to it in
the Electronic Communications Act, 2005 (Act No. 36 of 2005), unless the
context indicates otherwise-
"Act" means the Electronic Communications Act, 2005 (Act No. 36 of 2005);
"Ancillary service'' means a retail service or bundle of retail services which do
not amount to an Electronic Communications Service and includes necessary but
incidental elements of ECS, where such ECS elements do not constitute the
major purpose, utility or value of the service, including but not limited to, tracking,
alarm and similar services;
"ECN" means electronic communications network:
"ECNS" means electronic communications network service;
"ECS" means electronic communications service; and
"PECN" means private electronic communications network;
"Small electronic communications network" means an ECN that lies within a
limited spatial area, used by a specific user group, has a specific topology and is
not an ECNS of national, provincial, district or local municipal scope, but may be
connected to one which is licensed or licence exempt. For example Local Area
Network (LAN) or wireless LAN (WLAN).
2. LICENCE EXEMPTION I
ECS, ECN and ECNS that may be provided or operated in terms of a licence
exemption are as set out in regulation 3 and
4
herein.
Page 3
STAATSKOERANT, 29 JULIE 2008
No. 31289
5
3.
ELECTRONIC COMMUNICATIONS SERVICE
(1) A person who provides ECS on a non-profit basis is licence exempt and may
include, but not limited to:
(a) a non profit organization registered in terms of the Non-Profit
Organizations Act, 1997 (Act No.71 of 1997);
(b)
a company registered in terms of section 21 of the Companies Act,
1973 (Act No.61 of 1 973);
(c) a non-profit organization established in terms of any other Act of
Parliament; or
(d) an entity that provides ECS to the public for free.
(2) A Reseller that provides ECS duly obtained from a licensee licensed in terms
of Chapter 3 of the Act or a licence exempt entity is not required to hold an
ECS licence.
(3)
A person that provides an Ancillary service is licence exempt.
4.
ELECTRONIC COMMUNICATIONS NETWORKS AND ELECTRONIC
COMMUNICATIONS NETWORK SERVICES
(1)A small electronic communications network is licence exempt.
(2) A small electronic communications network must use frequencies which are
licence exempt in accordance with the radio frequency spectrum licence
exemption regulations published by the Authority in terms of section 6 read
with section 31 (6) and technical parameters falling within the limits prescribed
therein.
93)
A PECN in terms of section 6(2)(c) of the Act is licence exempt.
Page 4
6
No. 31289
GOVERNMENT GAZETTE, 29 JULY 2008
(4)
Where a PECN resells, leases or otherwise makes available any spare
capacity on its network to a third party, such resale, lease or other provisioning
of spare capacity is subject to:
(a) using a cost recovery pricing model to be prescribed by the Authority; and
(b) The regulations
5
to 11 of these regulations.
5.
RESTRICTION ON THE PROVISION OF LICENCE EXEMPT SERVICES
(1) Licence exempt services are not absolved from:
(a) Having all the necessary radio frequency spectrum and ECNS licences, as
appropriate; and
(b) Ensuring that all electronic communications equipment and facilities as well
as radio apparatus to be used in respect of the services provided in terms
of the licence exemption is type approved.
6. SAFETY MEASURES
A person that provides ECS or ECNS in terms of a licence exemption must, in
respect of all apparatus, equipment, facilities and installations that it owns, leases
or uses, take such safety measures as may be prescribed and in any event, such
reasonable and necessary safety measures to safeguard life or property and limit
exposure to electromagnetic emissions, radiation and related risks.
7.
PROVlSlON OF INFORMATION
(1) The Authority may, in the course of carrying out its obligations under the Act,
require a person providing ECS and/or ECNS in terms of a licence exemption
to provide information so as to enable the Authority to:
(a)
monitor and enforce consumer protection, quality of service, competition
and other requirements of the Act and related legislation;
Page 5
STAATSKOERANT, 29 JULIE 2008
No. 31289
7
(b) allow for the assessment and allocation of applicable fees and related
requirements;
(c) facilitate the efficient use of scare resources; and
(d)
collect and compile aggregate information to be used for the purpose of
sectoral planning and reporting.
(2) In respect of each information request referred to in regulation
7(1),
except
where otherwise addressed in applicable regulations, the Authority will provide,
among other things, detailed specifications of its information request,
applicable response times and identify a contact person to address queries to
in the matter concerned.
8.
PUBLICATION OF TARIFFS AND FEES
(1) A person selling, leasing or otherwise providing spare capacity on a PECN may
not do so for a charge, fee or other compensation, unless the price(s) for the
service and other terms and conditions of the provision of such service have
been made known to the public by:
(a) making such prices and terms and conditions available for inspection at its
offices during business hours;
(b) providing such details to anyone who requests same at no charge; and
(c)
providing such details on its website, if any.
(2) A person selling, leasing or otherwise providing spare capacity on a PECN in
terms of a licence exemption must provide to the Authority:
(a) details of the price(s) for its service(s) and other terms and conditions for
the provision of such service within
30
days of commencing such service;
(b) on a bi-annual basis, a record of the actual services provided and the
actual tariffs charged during the previous six months;
Page 6
8
No. 31289
GOVERNMENT GAZETTE, 29 JULY 2008
(c) such other information as may be specified by the Authority from time to
time.
9. METERING AND BILLING ARRANGEMENTS
(1) A person selling, leasing or otherwise providing spare capacity on a PECN in
terms of a licence exemption must:
(a) install and operate metering and billing systems which accurately record
the extent of the service(s) provided to any subscriber; and
(b) provide a detailed and accurate invoice and/or statement of services
rendered to any subscriber at no charge, except where the subscriber is a
licensee or a provider of services on a licence exempt.
(2) The invoice and/or statement of services rendered must include information for
the entire period covered by such invoice or statement detailing:
(a) services rendered to the subscriber; and
(b) the breakdown of charges associated with such services.
10. NOTICES AND ADDRESSES
(1) Any notice or certification given by the Authority or a person providing ECS or
ECNS in terms of a licence exemption must be in writing and, unless and until
the contrary is proven
:
(a)
If delivered by hand to the recipient's address, it will be deemed as
received at the time of delivery
;
(b) If posted by pre-paid registered post from an address within the Republic, it
will be deemed to have been received on the 14th day after the date of
posting;
Page 7
STAATSKOERANT, 29 JULIE 2008
No. 31289 9
(6)
If sent by facsimile/electronic mail transmission during normal business
hours, proof of successful transmission will be deemed to be proof of
receipt.
11.
OFFENCES AND PENALTIES
(1)
A person who intentionally or negligently contravenes or fails to comply with
these regulations, is guilty of an offence and is, on conviction by a court of law,
subject to a fine not exceeding R30 000.
(2)
Any person who is aggrieved by the failure of a person who provides a
licence exempt service contemplated in terms of section 6 of the Act to comply
with these regulations may lodge a complaint with the Authority for investigation
and if appropriate, adjudication by the Complaints and Compliance Committee
in terms of section 178 and C of the ICASA Act, 2000 ( Act No. 13 of 2000) and
the imposition of a sanction by Council in terms of section 17E of the ICASA
Act, 2000 (Act No. 13 of 2000).
 
dominic said:
u can use
- non-specific SRD with eirp of 10mW
- FDDA with eirp of 25mW
- low power video surveillance with eirp of 100mW
Click to expand...

I expect there'll be an amendment published in short order that will return license-exempt use of type-approved 802.11b/g equipment to legal status. That was probably an accidental omission. I wouldn't be surprised, though, if it specified "indoor only" use similar to the lower 5Ghz segment.

I also hope that they fix the definition of EIRP. They got ERP right - EIRP is exactly the same but relative to an isotropic antenna, some 2.x dB lower, IIRC. The current definition of EIRP is just weak.

*Trybble
 
10 points to Trybble.


http://www.itweb.co.za/sections/business/2008/0808041038.asp?O=FPTOP&S=Legal View&A=LEG
‘Oversight' causes concern
BY LEON ENGELBRECHT , ITWEB SENIOR WRITER

[ Johannesburg, 4 August 2008 ] - New Independent Communications Authority of SA (ICASA) regulations, in force since Friday, seem to have removed a key exemption that allowed wireless wideband systems and wireless local area networks in the 2.4GHz ISN band to operate without frequency licences.

Wireless wideband systems and WLANs were exempt from the licensing in terms of regulations contained in Government Notice (GN) 533 of 2004. These were on Friday replaced by GN926 of 2008, which, on first inspection, contained no such exception and caused a stir in the IT industry.

But ICASA spokesman Sekgoela Sekgoela says the exemption still stands.

“Please note that the 2.4GHz ISN band, used for wideband systems and WLAN, is still exempted,” he says.

“The omission was not a deliberate change in policy, but emanated from technicalities in the printing process. Also note that the omission will be addressed with the printers.”

Prior to the clarification, many wireless players feared the seeming retraction of the exemption would have had grave impact on the provision of hotspot services and WLANs in corporate and home environments.
 
Yeah, and the next thing we'll know is that they do an 180 degree and we're stuck with breaking the law...

Best to get things clarified and set down on paper. Excuses like that does not work, because tomorrow somebody will have forgotten about that exemption and omission.
 
ja ag sorry, ek het net gesien hy het hier gepost en was te lui om te pm, ook! ook!
 
dominic said:
just to note that ICASA has published an amendment and reinserted the 2.4GHz exemption for WLANs etc

efficiently done!
Click to expand...

That has to be some kind of record - shortest time for an ICASA amendment to hit the stands ever! Nice one, chaps!

*Trybble
 
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