Primer: Electronic communications licensing and regulation in SA 2013

ellipsis

Ellipsis Regulatory Solutions
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As good a place as any to start when you are trying to figure out where to start...

Overview of electronic communications regulation in South Africa (updated January 2013)

Covers:
  • Legislative Framework in South Africa
  • Role-players
  • Policy environment
  • Electronic Communications Licensing
  • Licence exemptions
  • Control and ownership of licences
  • Infrastructure rights
  • Access
  • Local Loop Unbundling (LLU)
  • Carrier Select and Carrier Preselect
  • Consumer Protection
  • Code of Conduct Regulations
  • End-user and Subscriber Service Charter Regulations
  • Code of Conduct for People with Disabilities
  • Price controls
  • Radio Frequency Spectrum
  • Allocation vs. Assignment
  • Licence-exempt frequency
  • Spectrum licence fees
  • Spectrum trading
  • Numbering
  • Number portability
  • Films and Publications Registration
  • Child pornography and the child pornography hotline
  • Interception and Monitoring
  • Customer registration
  • Assisting with investigations
  • Intermediary liability
 
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I am not sure Telkom should be thought of as a State Owned Enterprise (or Corporation) but rather as a government whipping boy. Telkom SA GWB Ltd has quite a ring to it

pg 11:
Local Loop Unbundling (LLU)
The local loop is the last-mile copper (and, increasingly, fibre) connection from street level distribution boxes
to customer premises equipment in homes or businesses. While it was Government’s expressed intention to
complete an unbundling process by 2011, it is unlikely that significant progress will be made towards this
objective in 2012.
no progress made in 2013 unlikely that significant progress in 2013
 
free proofreading :) now i can fire minion
fixed and fixed
must be a compelling read....
 
Any guesses as to the new structure and possible changes?

Are you sure they didn't change the cabinet structure just to rain on your parade.

By the time there is literature on a subject the law will be changed.

yeah need to review that section, tres annoying
i am utterly confused by what was announced yesterday, will have to wait and see of time and/or alcohol can help clear things up for me
 
yeah need to review that section, tres annoying
i am utterly confused by what was announced yesterday, will have to wait and see of time and/or alcohol can help clear things up for me

alcohol def won't work...

You can't get drunk enough to understand what happened yesterday.
 
Even re-reading the official release still makes no sense:

We have established a Ministry of Telecommunications and Postal Services.

Our country has a fast growing telecommunications sector which in 2012 was estimated at being worth R180 billion. We also see a great developmental value in the Post Office given its role of delivering financial services to remote areas of our country.

This new department will ensure that the country derives more value out of the booming information communications and technology industry and the postal services sector.

/dons tinfoil hat

Nationalisation? Else why are ICASA, SABC, etc. moved to a new Ministry?

We have established a new Communications Ministry, which will be responsible for overarching communication policy and strategy, information dissemination and publicity as well as the branding of the country abroad.

Improved communication and marketing will promote an informed citizenry and also assist the country to promote investments, economic growth and job creation.

This Ministry will be formed out of the following components;
• The Independent Communications Authority of South Africa
• The SA Broadcasting Corporation
• Government Communications and Information System (GCIS)
• Brand SA and
• The Media Development and Diversity Agency
 
yeah need to review that section, tres annoying
i am utterly confused by what was announced yesterday, will have to wait and see of time and/or alcohol can help clear things up for me

Seems dept of comms is being repurposed as a propaganda department in all honesty and actual communications moved to the new department. It's a change to a more literal interpretation of the departments at the cost of the telecoms market...
 
Even re-reading the official release still makes no sense:

/dons tinfoil hat

Nationalisation? Else why are ICASA, SABC, etc. moved to a new Ministry?
there might be something quite sensible on the table - looking optimistically - until yesterday Telkom, SAPO and Sentech and the SABC are housed in the Communications despite being SOEs. Now it appears that only the SABC is remaining in communications but so is ICASA etc ... So perhaps we could find that the PT ministry is a mini public enterprises ministry with communications remaining what it has always been. The fact that the DoC has a hold on Telkom has always been a problem.

Now if Zuma had appointed Tito Mbeweni or somebody of the like to the PT ministry then it would be positive (if a little clumsy).
 
Sorry for the hijack...


Democratic Alliance press statement by
Marian Shinn MP
DA Shadow Minister of Communications

The Ministry of Propaganda presents itself as the new Department of Communications

President Jacob Zuma’s deployment of Chief Spy, Minister Siyabonga Cwele, to communications is a chilling move. This is the very same Minister who spear-headed the introduction of the controversial ‘Secrecy Bill’ and went to great lengths to cover-up the Nkandla scandal.

This move makes it clear that President Zuma is intent on controlling the message of his government’s failures and bringing about the rebirth of the Apartheid-era Information Ministry.

Furthermore, the splitting of the Department of Communications into two ministries shows that the ANC clearly sees government's role in the communications sector as one of message control rather than economic enablement.

The re-emergence of a Department of Telecommunications and Postal services, not only takes South Africa back to the 1980s but with Siyabonga Cwele in charge, indicates government's intention to control the internet, its various platforms and electronic surveillance.

The new Communications Ministry’s grouping of the South African Broadcasting Corporation (SABC), the Government Communication and Information Services (GCIS), Brand SA and the Media Development and Diversity Agency (MDDA) shows the ANC government’s desire to have increasing control of media outlets and propaganda.

The split shows that the ANC conflates communication content and communications infrastructure. Government ICT policy and entities should have nothing to do with content, apart from regulating in support of competition, consumer interests and economic growth.

This new split seems to have been done in haste and without reference to the Green Paper on ICT Policy or the work that has been done on technological convergence:

• Telecommunications should be rolling out high-speed infrastructure, products and services; developing and implementing white space technologies and services as the nervous system for economic growth and better government service accessibility;
• The SABC must be stripped down to being a state - not public - broadcaster and the commercial stations sold off to private enterprise.
• Icasa should be a fully independent Chapter 9 institution. It should be with telecommunications and postal services in pursuit of communications convergence and in support of economic ingenuity and consumer-friendly competitiveness that will see South Africa become an ICT empowered nation of the world.

Minister Cwele’s lack of prior experience in the telecoms sector, aggravated by his security focus, could be an inhibiting factor in a sector that needs to support free thinkers, mavericks and dynamic entrepreneurs.

In addition, Yunus Carrim’s exclusion from this portfolio and the cabinet, confirms President Zuma’s desire to place his henchmen at the forefront of our communications.

We now have a clear indication that President Zuma’s second term in office will be fortified by secrecy and more cover-ups. With President Zuma’s loyalist on the one hand and propaganda machinery on the other, we can expect more gate-keeping and general interference of media freedom.

The DA will not stand by while the ghost of Connie Mulder, the Apartheid government’s Information Minister, makes a comeback 20 years into our democracy.
 
has anybody managed to figure out what the story now is with this cabinet realignment?
apart from the fact that the ICT Policy Round Table meeting for the start of June has been "put on hold" nothing has come to the fore that I can find - ICASA hasn't said a thing nor has the DoPT indicated how it is going to make the sector fit :)

the DoC website has however been appropriated for the PT ministry see: http://www.doc.gov.za/the-minister.html
 
my take

those who have interacted with the new MTAPS(tm)* say it seems to be business as usual with the DTAPS taking over where the old DOC knocked off, leaving the question as to why ICASA and policy remain with the new DOC

* spot the punny anagram

//i think they should change it to department of postal services and telecommunications given that SA is heading the international postal union and because well it just somehow sadly seems appropriate
 
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