Electronic Communications Amendment Bill 2012

Cabinet has approved a proposal to review some of the Independent Communications Authority of SA’s functions to make it more transparent and accountable.

Addressing a post Cabinet briefing on Thursday, acting Cabinet spokesperson Phumla Williams said the executive had approved the submission of the Independent Communications Authority of South Africa (ICASA) Amendment Bill to Parliament.

The amendment of the Bill forms part of a platter of proposals contained in the National Development Plan, penned by Minister in the Presidency: National Planning Commission, Trevor Manuel.

The amendment comes after President Jacob Zuma anchored his State of the Nation Address on the NDP -which seeks to eliminate poverty and reduce inequality – in February, where he announced that most of the government programmes would be guided by proposals contained in the plan.

“The Amendment Bill responds to some of the issues in the NDP.

“The amendments of the Independent Communication Authority Act No. 13 of 2002 (ICASA Act) are underpinned by the need for institutional improvements to strengthen the independent Authority.

“This will be through the provision of clarity on aspects of its powers to align the Act more closely to the requirements of the Public Finance Management Act (PFMA) and to improve its efficiency,” Williams said.

Williams said, however, that amendment should not be seen as a threat to the ICASA’s independence.

“This is with a view to improve accountability and transparency which will contribute to sound governance practices within ICASA.

“The importance of an independent and impartial regulator for the communications sector cannot be overemphasised.”

Williams said, meanwhile, that Cabinet had also approved the submission of the Electronic Communication Amendment Bill to Parliament.

“The Amendments seeks to deal with competition promotion limitation, access to electronic communications infrastructure, communication costs as well as improving turnaround time for consultative processes.

“The Amendment Bill aligns the Act with broad-based black economic empowerment legislation; refines licensing issues; improves competition provisions; removes regulatory bottlenecks and provides for matters connected to this,” Williams said.

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[11 January 2013] Deadline for comment has been extended to 30 January 2013.

We have prepared an Overview of proposals set out in the ICASA Amendment Bill 2012.

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[23 November 2012] The Department of Communications has released the ICASA Amendment Bill, 2012 for comment. Submissions are due by 10 January 2013.

ICASA Amendment Bill 2012 & Explanatory Memorandum

Overview of Proposed Principles in the ICT Policy Review Framework Paper April 2013

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[25 April 2013] In keeping with its Outline for the ICT Policy Review Process, the Minister of Communications has published a draft ICT Policy Review Framework Paper for public comment.

ICT Policy Review Framing Paper (Draft) April 2013

The deadline for comments is 15 June 2013. Comment is also being solicited through social media -

Twitter Hashtag: #ictpolicypanel

Facebook: ICT Policy Review

You Tube: ICT Policy Review

Pinterest: ICT Policy Review

The Foreword to the draft Framing Paper by the Minister of Communications states that its publication is the start of the Department’s engagement with the public and that it will be followed by a Green and White Paper. The purpose of the draft Framing Paper is to examine the fundamental principles and objectives which should underpin future ICT Policy in South Africa.

“The starting point is that our country set itself objectives for the communications sector at the advent of democracy. We need to move forward to assess whether or not this vision is still relevant and in doing so ask, for example: Did the original goals set in the policy and legislation correctly capture the needs that had to be addressed? Are these goals still relevant – given changes in our communities and our country during the past 15 years and considering technological advancements? Which new goals, objectives and principles should underpin a new dispensation?”

Outline of the ICT Policy Review Process April 2013

In April 2012, the Minister of Communications launched a process to review the information and Communications Technology (ICT) policies. To this end a National. ICT Policy Colloquium was held on the 13th and 20^th April 2012. The review is initiated to examine the policy and regulatory frameworks that apply to telecommunications, broadcasting, postal and e-commerce and will lead to an adoption of a White Paper on Integrated ICT Policy Framework for South Africa.  An ICT Policy Panel has been appointed to assist the Minister with this process and the below table was finalised in consultation with this Panel.

Consultation on National Broadband Policy April 2013

We have prepared an Overview of the Draft Broadband Policy 2013 This overview is not intended to be comprehensive and focuses on the actual policy indications (reproduced largely verbatim) made as well as implementation and institutional arrangements.

The policy, once finalised will replace the existing National Broadband Policy 2010 (as published on 13 July 2010). Somewhat strangely, no reference is made to this document in the new draft.

Notes:
1. The 2012-2017 Strategic Plan & APP comprised of 5 Strategic Goals supported by 12 Strategic Objectives and 34 Targets for 2012/13. The 2013-2018
Strategic Plan & APP comprises of 5 Strategic Goals supported by 11 Strategic Objectives and 28 Targets for 2013/14 spread across its 5 Programmes.
According to the Department the reduction in targets were largely due to consolidation and streamlining of targets through focus planning as well as
reviewing of targets through re-prioritisation.
2. Through engagements with National Treasury, the Department has a new Budget Programme Structure which has also informed the development of
the Annual Performance Plan. The new Budget Programme Structure dictates that the Department will be made up of the following 5 Programmes:

• Programme 1: Administration
• Programme 2: International Affairs
• Programme 3: Policy, Research and Capacity Development
• Programme 4: Broadcasting and Communications Regulation and Support
• Programme 5: ICT Infrastructure Support

A related document is the Draft Infrastructure Development Bill 2013  which is intended to formalise and facilitate the work of the PICC, which already exists by virtue of a Cabinet decision. The Bill sets out structures for management of projects and support as well as a procedure for declaring Strategic Infrastructure Programs (SIPs). The period for comment on this Bill expired on 27 March 2013.

The Minister of Communications will “champion” SIP 15 supported by the Department of Public Enterprises (DPE) and the Department of Science and Technology (DST). Other members:

• Department of Public Service and Administration
• Department of Trade and Industry
• Sentech
• Broadband Infraco
• Universal Service and Access Agency of South Africa (USAASA)

A press release issued by the DST provides further detail:

Presidential Infrastructure Coordinating Commission (PICC) launch of Strategic Integrated Project (SIP) 15: Expanding Access to Communication Technology

3 Dec 2012

The Presidential Infrastructure Coordinating Commission (PICC) today launched an intergovernmental forum to spearhead the infrastructure projects within Strategic Integrated Project (SIP) 15: Expanding Access to Communication Technology.

Led by the Department of Communications and supported by the Department of Public Enterprises and Department of Science and Technology, SIP 15 aims to ensure universal service and access to reliable, affordable and secure broadband services by all South Africans, prioritising rural and under-serviced areas and stimulating economic growth. This includes migration nationally, from analogue to digital television broadcasting by 2015.

SIP 15 is part of the PICC, a Presidency-led initiative to co-ordinate infrastructure projects (construction, fast-tracking of current projects and maintenance of existing infrastructure) across all spheres of government and state-owned enterprises.

Expanding access to communication technology will be done primarily through broadband infrastructure roll-out. To this end, a national backbone infrastructure will be established which will inter alia include establishing core Points of Presence (POPs) in district municipalities, extending fibre networks across provinces linking districts and, rural and under-served areas.

The coordination and integration of communications infrastructure activities within state-owned enterprises, private entities, provinces and local government will be critical in ensuring this is achieved.

It is expected that the private sector and state owned enterprises will play a significant role in expanding Access to Communication Technology. Connectivity to rural and under-serviced areas including e-health, e-schools and e-government will be prioritised. By 2013, broadband connectivity will be rolled out in 125 Dinaledi schools, plus 1525 district schools.

Other members of the Intergovernmental Forum are:

• Department of Public Enterprises
• Department of Science and  Technology
• Department of Public Service and Administration
• Department of Trade and Industry
• Sentech
• Broadband Infraco
• Universal Service and Access Agency of South Africa (USAASA)

The Minister of Communications, Ms Dina Pule, as the Champion for SIP 15, will provide to the PICC Management Committee and Council, regular feedback on progress made in carrying out the work of SIP 15.

South Africa has commenced another round of ICT policy development. While there is general agreement that the failure of the Department of Communications to update policy governing the sector since 1996 is harming industry, doubts remain as to the effectiveness of the current process. Minister Dina Pule has indicated that – following on from the National ICT Policy Colloquium held during April 2012 – a green paper on policy will be published in 2012 and this will be followed by a white paper in 2013 and the final policy in 2014.

The DoC has published an initial discussion document and is holding this open for comment from the public until the end of May 2012:
ICT Policy Colloquium Discussion Document (13 April 2012)

The website for the Colloquium is http://ictcolloquium.co.za.

The keynote address at the Policy Colloquium was delivered by Dr Andile Ngcaba:
Policy Framework for South Africa – Andile Ngcaba April 2012

Also of interest is the recently published ANC draft discussion document on communications policy. The ruling party has come up with some interesting ideas and this document is also open for comment.

ANC Draft Policy DD on Communication March 2012

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The Minister of Communications has published two draft policy directions for public comment. Once finalised the policy directions will be formally issued to ICASA.

Comment is due by 31 January 2011.

Draft Policy Directions on Radio Frequency Spectrum for Electronic Communications Services in High Demand Spectrum and on Exploitation of the Digital Dividend

The publication of the draft directions appears to have been prompted by ICASA indicating that it was about to publish a Draft Spectrum Assignment Plan for the 800MHz & 2.6GHz bands for comment. ICASA delayed such publication to accommodate the publication of these draft directions. Notwithstanding it is clear that ICASA has been consulting with the Minister on the content of the draft directions and that they have been taken into account in the drafting of the Draft Spectrum Assignment Plan. ICASA has issued a specific media release in this regard – Media Release – ICASA will Consider Minister’s Policy Directions when Licensing High Demand Spectrum.

The draft directions seem to be sensible for the most part and will hopefully assist South Africa to adopt more progressive spectrum management techniques. We particularly welcome the inclusion of TV White Space technology as a matter which ICASA will be directed to investigate – Ellipsis has actively lobbied the previous Minister in this regard on behalf of WAPA.

Keep watching this space for comments on the implications of this bill as well as for recommendations on the kind of amendments best suited to addressing the shortcomings in the existing act. The bill is currently open for comment, with this period closing on the 19th of December.

Click here for access to the full text of the amendment Bill
UPDATE: The amendment Bill has been withdrawn; see here for details of this change.

Draft ICT Sector Charter

Comments are due by 10 August 2011.

National Radio Frequency Spectrum Policy 2010

Related documents

The Draft National Spectrum Policy was published by the Department of Communications on 18 September 2009. Comments were due by 17 October 2009.

Ellipsis Overview of the Draft National Spectrum Policy September 2009

Determination of Universal Access to and Universal Service of Electronic Communications Services and Electronic Communications Network Services (Feb 2010)

The Determination also sets out universal access and universal service targets which be applicable for at least the next two years. It is not clear at this time how these targets will be applied to holders of ECS and ECNS licences.

The Minister of Communications, Dr. Ivy Matsepe-Casaburri, delivered what looks to be her penultimate Budget Speech to the National Assembly on 3 June 2008. This note attempts to single out some of the issues at play.

Download our Note on the 2008 Department of Communications Budget Speech

Download the PDFtherewith.

Notice of Commencement