(Yet another) VANS licence conversion deadline – 6 January 2009 (updated)
*sigh*
Here at ellipsis the champagne has been placed back on ice and leave plans cancelled as ICASA issue a further call for information from VANS licensees. The notice, published on the 19th December 2008 but only available from the 23rd, is largely a repeat of the previous call for information and we are not entirely sure why it has been issued … .
ICASA have
- clarified that VANS are entitled to their choice of licences (both ECS and ECNS)
- replaced the requirement for a technical plan with a new obligation to the effect that the licensee will file a comprehensive roll-out plan two months before the commence of network roll-out so as to enable the Authority’s monitoring efforts
- retained the obligation to commence with the roll-out of network within 12 months being issued but made this subject to the relevant standard terms and conditions.
No reference is made to the previous conversion notice (!) and it is not clear at this stage whether those who responded to the previous deadline are also required to respond to this one.
Download ICASA’s latest Notice calling for information in connection with the conversion of VANS licences.
Update
Informally ICASA have advised that those who have already submitted, do not have to resend, provided they call Ashwald Nchabeleng or Barbara Paxinos (011 566 3000 for both) to confirm receipt of their information. This should ideally be done on 5 or 6 January 2009.
Hi
If you hold a VANS licence and have been hiding under a rock for the last two years please note that your failure to submit information to ICASA by 12h00 on Friday 5 December 2008 may result in you not having your licence converted or losing your VANS licence.
Do not panic! Read the ellipsis final guide to licence conversion for VANS and all, hopefully, will be revealed.
If you are still panicking email dominic@ellipsis.co.za and we will sort it out for you.
download the ellipsis final word on licence conversion for VANS licensees
Self-provision: it’s over and the small guys wonThe Minister of Communications has decided to drop her appeal against the Altech decision & the question as to whether VANS can self-provide is answered: Yes They Can.
The irony is of course that they will have about a month to enjoy this victory as VANS licencees as, barring any major mishaps, licence conversion will be completed before 19 January 2009. So, in a sense, the story is for many one of lost opportunity – stories abound of ISPs who went to great expense procuring equipment and expertise before 1 February 2005 only to have their plans thrown into disarray by the infamous Ministerial press release. Three and a half years later the press release has been exposed for what it was – a smokescreen which by and large served its intended purpose.
It should also be noted that there are some VANS who went ahead and carved out a market niche based on the self-provision of wireless networks operating in the licence exempt frequency bands. Almost universally criticised and demonised by ICASA and competitors (many of them envious), the last laugh is theirs.
Anyway, yesterday’s uncertainty gives way to some fundamental certainties about the conversion of VANS licences. Simply put: they are entitled to electronic communications network service licensing, whether individual or class, as well as electronic communications licences, at no cost.
Nobody should be under any illusions that this result, right as it may feel, was ever intended. Rather “big bang liberalisation” comes down to a monumental exercise of incompetence wholly appropriate to the last few years of DoC management.
Full statement from the Minister
For me two particular issues stand out and define the political mismanagement which has held back a country: the breathtaking inability to implement the 50% discount to schools (the e-rate) and the great self-provision debacle.
Update on VANS licence conversion – 17 November 2008The amazing flip-flop continues.
ICASA has indicated that it has resolved to convert all VANS to ECNS and ECS licences, including the contentious sub-category of VANS issued after 19 July 2006. The Authority has published a proposed framework for converting VANS to ECNS licences which requires all those wishing to participate in the licence conversion process to submit information by 12h00 on Friday 5 December 2008.
ellipsis guide to VANS licence conversion (updated 20081117)
Download ICASA General Notice on Licence Conversion in terms of Section 93 of the ECA 20081114.
ICASA have called for comment on this proposed framework – this is also due by 12h00 on 5 December 2008 (although it makes little sense to require licencees to submit information where the framework dictating the information required has not been finalised).
Round Number 2 to Altech as Court throws out Minister’s appealIt doesn’t get more dynamic than this in the usually staid world of law and regulation! Acting Judge Norman Davis of the Transvaal Provincial Division has taken a brave stand in refusing to allow the Minister of Communications to appeal against his judgement against her in the Altech matter, thereby putting a number of VANS licencees back on track to be converted into individual electronic communication network service (IECNS) licences.
Download a copy of the Judgement
The Minister’s application for leave to appeal was heard on Thursday 30 October 2008 and the significance of the outcome is that the Judge does not believe that there is a reasonable prospect of any other court coming to a different decision. Put differently: he believes that the matter is straightforward and relatively simple to dispose of.
Nevertheless it is a brave decision given that Judge Davis is appearing in an acting capacity (i.e. he is a senior advocate who has been requested to fill a gap on the Bench on a temporary basis) and that the Minister had attempted to muddy the waters by arguing that the court has impinged on her policy prerogative. The refusal is a resounding rejection of the vague references made to the so-called policy of managed liberalisation, which, if things stay as they are, is now, thankfully, an historical policy failure rather than a continuing one.
I cannot, however, be struck with a sense of deja vu and would advise keeping the champagne on ice until the Minister has confirmed that she will not seek to petition the Supreme Court of Appeal for leave to appeal. Only then will the fat lady have sung the correct tune and ICASA can get on with the business of conveting licences in accordance with the law.
Minister sues Regulator to prevent competitionThings go from the ridiculous to the utterly insane as the Minister of Communications launches an urgent application against ICASA and Altech Autopage to prevent ICASA from issuing IECNS and IECS licences to Altech.
The gloves are most definitely off.
Download
Minister’s Application – Notice of Motion 20081018
Minister’s Application – Founding Affidavit
The fast path to infrastructure liberalisation appears to have hit a speed-bump [and it appears that the Minister (or is that the DG????) are wedded to a more ... errr ... horizontal approach].
View an abbreviated version of the Minister’s Notice of Appeal 20080919 [i have stripped out the 10 or so pages of citations and addresses]
Back to the drawing board – will post something short and meaningful shortly.
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
Although the ink on the judgement is barely dry we are all so excited that we have drafted a memorandum which looks at some of the implications of the judgement 
Please have a look ellipsis note on the Altech judgement (updated 20080903)
Please feel free to mail any queries, quibbles or quandaries to dominic@ellipsis.co.za
simple guide to the conversion of VANS licensesThere is a massive amount of confusion about the conversion of VANS licenses under the Electronic Communications Act 36 of 2005. Hopefully this guide will help you to be clear on your position…
Download the ellipsis guide to vans licence conversion august 2008
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