The Independent Communications Authority of South Africa (Icasa) gave notice on Thursday, 11 December 2014, that it had published revised draft radio frequency spectrum regulations for public and industry comment.
These new regulations were published in the Government Gazette dated 8 December, and public comments are open until 16h00 on Friday, 13 February 2015.
In the explanatory document issued along with the draft, Icasa said that it undertook in 2013 to review its Radio Frequency Spectrum Regulations, which were published during 2011, to ascertain their effectiveness.
It found that there were:
- Numerous inconsistencies.
- Anomalies and contradictions.
- No clear processes on how renewal of a Radio Frequency Spectrum Licence is to take place.
- No provisions to outline the consequence for failure to renew a Radio Frequency Spectrum Licence and the process the Authority will initiate in dealing with illegal users of the radio frequency spectrum.
- No provisions to safeguard the rights of end-users prior to a licensee ceasing to provide services that require usage of the Radio Frequency Spectrum.
- No penalties for the contravention of section 31(1) of the Electronic Communications Act (Act No. 36 of 2005).
- The regulations need to be in line with the amended Electronic Communications Act 2014.
The new draft regulations seek to address these anomalies and findings, Icasa said.
Icasa promised that all written representations submitted to it shall be made available for inspection by interested parties from 17 February 2015 at the Icasa Library or website.