New VANS terms and conditions 130705 - self-provisioning allowed

[dominic]

while i was away i see a finalised version of the the new vans licence terms and conditions has been made available on the icasa site - link on home page. [interestingly the site refers to a previous incorrect version which was published - if anyone happened to have grabbed that please let me know]

so as to deepen my confusion post the ministerial determination / clarification debacle it would see that self-provisioning will now be allowed - see (b) below

1 LICENCE FOR THE PROVISION OF VALUE-ADDED NETWORK SERVICES
(“VANS”)
In terms of the provisions of section 40 of the Telecommunications Act 103 of 1996 (“the
Act”)
"VANS provider's name"
(hereafter called “the Licensee”), is hereby licensed to provide value-added network
services, subject to the following terms and conditions:
1.1 RIGHTS AND OBLIGATIONS OF THE LICENSEE
Unless otherwise stated:
a) The Licensee shall be entitled, subject to the other provisions in this licence, to provide any or all value-added network services and shall permit that service to be used for the carrying of voice.
b) The Licensee may provide its service by means of telecommunication
facilities obtained from any other person licensed to provide telecommunication services in terms of the Act.
c) The Licensee shall have the right to interconnect with any other person
licensed to provide telecommunication services in accordance with the Act to
facilitate interconnection between the Licensee and any other such person.
d) The Licensee shall have the right to apply to the Authority for numbering
resources according to applicable regulations for the provision of the service
and the Authority may subsequently allocate to the Licensee numbers in
accordance with such regulations as may be applicable from time to time.

in other words section 40 of the telecommunications act wasregarded as amended by the ministerial determination of 2 september 2004 with regard to self-provisioning....

(2) A licence to provide any value-added network services, including, but not limited to, electronic data interchange, electronic mail, protocol conversion, access to a database or a managed data network service, shall contain a condition that the service in question be provided by means of telecommunication facilities—

(a) until 7 May 2002 provided by Telkom or made available to Telkom as contemplated in section 44; and
(b) after 7 May 2002, provided by Telkom and the second national operator or any of them until a date to be fixed by the Minister by notice in the Gazette.
[Subsection (2) substituted by section 15(a) of Act 64 of 2001]

there is also

1.4 TRANSFER OF LICENCE
a) Notwithstanding section 50 of the Act, the provisions of section 40(4) of the Act enabling the Licensee to cede or assign his or her rights to use such facilities or to sublet or part with control or otherwise dispose of telecommunication facilities, shall not in any manner be construed as amounting to a transfer of this licence.

which seems to me to remove any doubt

but as i am jetlagged i would appreciate any confirmation / disagreement with the above analysis

right now however it seems to be a celebration day

 

[dominic]

After reading those sections you highlighted I am still not sure if you are allowed self-provisioning through the VANS act but we will probably know for sure next week when the act gets released.

confused - VANS Act? do you mean ICASA Act / Bill? if so that will not be relevant to self-provisioning - that is convergence bill territory

 

[ic]

2005-07-15: Is door open for VANS self-provisioning?
BY PAUL VECCHIATTO, ITWEB CAPE TOWN CORRESPONDENT