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Discussion Document on Ownership and Control of Licences

Update: Public hearings will be held from 5 – 7 June 2010.

Ownership & Control Discussion Document – Hearings Schedule

ICASA are finally tackling the thorny issue of ownership and control of broadcasting and electronic communications service licensees, an issue which sprang to the fore in the recent debacle surrounding the sale and unbundling by Telkom SA of its shareholding in Vodacom (Pty) Ltd. In that matter the failure by ICASA to update control and ownership regulations passed under section 52 of the Telecommunications Act of 1996 resulted in massive confusion as to the procedure to be followed.

Discussion Document on Ownership and Control November 2009

The closing date for submissions is 19 February 2010.

The Discussion Document has been divided in Section A: Individual Broadcasting Services and Section B: Individual Electronic Communications Services and Electronic Communications Network Services, reflecting the different policy considerations at play as between broadcasting and telecommunications. Both sections feature international benchmarking research as well as a study into local conditions. Section B also sets out results of interviews conducted with listed companies as well as a table detailing historically disadvantaged ownership in electronic communications service licensees.

Existing regulations under the Telecommunications Act 103 of 1996:
Telecommunications Act: Section 52 Regulations on Ownership & Control


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Legal notices:
This site and the content on it is intended to facilitate greater understanding of the regulation of electronic communications in South Africa. Content does not, obviously, constitute legal advice. If it did there would probably be an invoice attached. Please use the site to become better informed and save yourself some money if and when you do need to consult a suitably qualified advisor.

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