On 14 November 2008 ICASA released a General Notice indicating that it had resolved to issue all Value Added Network Services (VANS) with ECNS and ECS licenses as part of the license conversion process. This note seeks to provide guidance to VANS license holders as to what is required of them to take advantage of this development.<\/p>\n
ICASA requires that all VANS licensees submit the information like the full name of the licencee, shareholding details, ownership details of historically disadvantaged individuals, contact & address details and whether the licensee prefers to be converted into a class or individual ECNS. The Notice also requires the submission of a detailed technical plan, including a "propagation analysis" and for the licencees to suggest its own social investment obligations.<\/p>\n
Telecoms lawyer Dominic Cull of Ellipsis does not believe that ICASA is entitled to request this information as part of the licence conversion process and has not, in any event provided a reasonable period for licencees to react to the Altech matter, which was only finalised on 21 November 2008.<\/p>\n
"ICASA has an obvious interest in this information and has powers to request it from all licencees after licence conversion, at which time it will have to be provided. They need to take into account, however, that there is an Order of the High Court which states explicitly that ICASA must convert Altech’s into an individual ECS and an individual ECNS licence." <\/p>\n
"At the moment ICASA and industry are still reacting to the VANS self-provision decision and there is a need for some clear thinking on how best to deal with the consequences on the licensing framework."<\/p>\n
VANS license holders have until Friday 12:00 to submit this information to ICASA to receive new licenses under the Electronic Communications Act.<\/p>\n
ICASA have further called for comment on this proposed framework – this is also due by 12h00 on 5 December 2008. <\/p>\n
"Asking for information at the same time as comment on the framework setting out the information required seems a little illogical, but, more positively, indicates the clear intent of ICASA to finalise licence conversion by 19 January 2009." <\/p>\n
Full details are available on the Ellipsis Regulatory Solutions’ website: http:\/\/www.ellipsis.co.za\/?p=414<\/strong><\/a><\/p>\n