ICASA Licensee Database Audit
In January 2010 ICASA sent letters to all licensees requesting that they provide information showing that they had commenced providing services under their electronic communications network services and/or electronic communications services licences.
They have now published a Gazette indicating those who
- responded and are regarded as compliant
- responded but did not provide all required information (non-compliant)
- did not respond (non-compliant)
- requested and have been granted an exemption.
The list has its difficulties, i.e. the database certainly does need auditing.
Holders of electronic communications licences should check the Gazette and ascertain their status. (Note that it may be a good idea to read through the entire list of licensees as some names appear twice).
If you are regarded as compliant then just check that the contact details listed are correct (and take this opportunity to check that the details on your licence are also correct). If necessary write to the ICASA contacts set out in the Gazette to correct the error before 2 July 2010.
If you are regarded as non-compliant then you need to take corrective measures and provide the information set out in the Gazette by 2 July 2010.
If you have been granted an exemption then ICASA will no doubt be in touch next January to enquire as to how you are doing. Remember that there is no provision in the Electronic Communications Act for another extension to be granted.
Proposed amendments to standard terms and conditionsICASA has indicated its intention to amend the standard terms and conditions applicable to individual and class licences as well as the regulations setting out licensing processes and procedures.
Comment is due by 24 August 2009.
E-Rate Regulations in forceA new set of regulations setting out the obligations of electronic communications licensees to provide a Internet services at their lowest retail rate discounted by at least 50%.
The regulations are effective from the date of publication: 3 March 2009.
A page dedicated to these regulations and the long saga of the e-rate will be posted soon.
Final Regulations: End-User and Subscriber Service Charter Regulations 2008ICASA has published final regulations relating to section 69 of the Electronic Communications Act (ECA) which requires that licencees have an End-User and Subscriber Service Charter so as to facilitate the protection of the rights of their customers.
Download ICASA’s End-User and Subscriber Service Charter Regulations 2008.
These Regulations are intended to protect consumers but it seems likely that their ability to do so will rest firmly on the ability of consumers to actually enforce the rights which they have been provided with. There are also some difficulties relating to just how realistic the demands on licencees may be …
The following are the central metrics to be observed by licencees:
Availability and reliability of the ECNS and ECS
All licencees must ensuire that the service is available as specified in their licences for 99.9% of their actual coverage area.
Average Time to Install and Activate Service
All ECNS and ECS licencees must attain 100% success rate within fourteen (14) days in meeting end-user and subscriber requests for service, for qualifying end-users and subscribers.
Call Failure Rate including Drop Call Rate:
The percentage of connectivity or call failure rates must not exceed 2% of all connections or calls in a month, for all electronic communications network service licencees.
Operator Response Time to Operator Assisted Calls
The operator response time may not exceed 3 minutes for all operator assisted calls, directory enquiry services, call centres and other non-emergency services.
ECN Monitoring Centre
The licencee must maibntain an Electronic Communications Network Monitoring Centre, operating 24 hours, 7 days a week.
Fault repair services
All electronic communications network licencees must maintain a fault repair rate which must not exceed 5%.
Fault Clearance Rate / Mean Time to Repair Faults
All electronic communications network service licencees must maintain 100% Fault Clearance success rates for all reported end-user fault repairs in urban areas, within three (3) days, and within four (4) days in respect of rural areas.
ICASA has indicated that Council has resolved to lift the moratorium placed on the processing of applications for licences and for transfers and amendments of licences – see here for further information on the moratorium.
The required Government Gazette will be published on Monday next week by the latest.
ellipsis 20081021
Guide to Service Licence Exemptions under the ECAWe have prepared a guide to the various service licence exemptions created under the ECA and captured in the ICASA Licence Exemption Regulations, 2008. Service licence exemptions apply where an ECS or ECNS provider operates under a set of factual circumstances bringing it within the ambit of one of the regulated exemptions and where operation within the exemption has been registered with ICASA. There are also “network” exemptions under which certain types of network may be operated without an ECNS licence – these include local area networks (LANs and WLANs) as well as networks used primarily for the internal purposes of the network owner.
Download the ellipsis Guide to Service Licence Exemptions under the ECA.
ICASA: We will not appeal the Altech decisionThe Authority takes a big step in the right direction, accepting the decision of the High Court in the AKtech matter without reservation.
ICASA has also indicated that it will now push the licence conversion process to completion – see
GG of 5 September 2008 on Licence Conversion
The e-Rate is a very very simple requirement that service providers provide services to schools at a discount of no less than 50%. After more than a decade it is yet to be implemented.
Now we have some draft regulations for the first time so hopefully we can get the e-Rate in place this year. Comment due by 16h00 on 5 September 2008.
Draft Individual ECS Licenses to be awarded to VANS licensees – June 2008Draft Individual Electronic Communications Service licenses for VANS licensees
Code of Conduct RegulationsFinal regulations prescribing a Code of Conduct for ECS and ECNS licensees under section 69(1) of the ECA were published on 7 December 2007 and will come becoming binding upon licensees once their licenses have been converted.
Download the Code of Conduct Regulations.
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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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