Langa slates Convergence Bill
Langa was presenting the regulator’s response to the Bill in the first public hearings before the Parliamentary Portfolio Committee on Communications this morning.
“Chapter three (licensing) is the engine that drives the Bill; if the engine does not work, the rest of the Bill will not work. The licensing framework set up in this chapter is not workable.”
Langa said the Bill has the unintended effect that large and small communications networks will be dealt with as individual licensees. ICASA proposes that individual and class licences be granted in all licence categories.
It also needs the authority to exempt certain activities from licensing. ICASA said national economic policy may require the minister of communications to retain control of market entry for large communication network services.
However, amendments are needed to areas like self-provision of broadcasting signal distribution, to avoid limiting small operators.
ICASA also has issues with the chapter requiring ICASA to submit proposed license conditions to the minister for approval, as this involves more ministerial involvement than currently envisaged under the Telecommunications Act.
Langa also pointed to chapter three, section 10. He said as it is currently phrased, it negates a public process for the amendment of licences. ICASA has made detailed proposals on substantive and procedural issues in this regard, he added. He pointed specifically to the issue of local loop unbundling.
Langa also wants ICASA to have more regulatory power to promote empowerment, as well as limits on ownership and control, together with statutory limitations on broadcasting services. Looking specifically at chapter 13, which covers transitional licensing issues, Langa said this would entail a huge re-regulation and licence conversion project.
It will also require new regulations for implementation of the Bill and will require the allocations of considerable financial and human resources.
“This diverts the authority’s attention from opening new markets and licensing new entrants,” noted Langa. He proposed that ICASA sets the timeframe for converging licences and regulations.
Langa said interconnection underpins successful competition.
“Our main concern is that certain licence classes which are not communication network service providers would need to interconnect in order to offer their services.”
Regarding communication facilities leasing, Langa said this is a critical enabler of competition and lower prices, and that undersea cables and landing stations should be declared essential facilities.
“This will have enormous significance to increase domestic competition and decrease the prices on international bandwidth.”
The next public hearings will take place on Friday.
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