New standard terms and conditions and process regs for class and individual licences
A process to amend
- Standard terms and conditions for individual licences
- Standard terms and conditions for class licences
- Process and procedure regulations
was initiated by ICASA in July 2009 and the finalised amendments were published on 14 June 2010 (draft documents).
Standard Terms and Conditions for Individual Licences Regulations 2010
Licensing Process and Procedure Regulations Individual Licences 2010
Standard Terms and Conditions for Class Licences Regulations 2010
Licensing Process and Procedure Regulations Class Licences 2010
There is also a handy Reasons Document which explains why amendments were made (and why certain proposed amendments were not made).
Reasons Document Amendments to Standard Terms and Conditions and Process and Procedure Regulations
The Amendments will come into force on a date to be gazetted.
In general common sense seems to have prevailed:
- The term of an IECS licence has been standardised with that for IECNS licences at 20 years.
- The lead time for the filing of tariffs prior to putting them into service has been kept at 7 working days and not increased to 21 working days as ICASA proposed.
- “The Authority concurs with ISPA that person who intend to provide ancillary services or operate small electronic communications networks need not notify the Authority”. Previously the law had actually required that the thousands of Local Area Networks (LANs) and Wireless Local Area Networks (WLANs) be registered with it as licence exempt!
- They have brought some clarity to the distinction between notifications and amendments. A new Form O has been provided for notifications in respect of individual licences.
- They have cleaned up some of the mess around notifying exempts and temporary authorisations.
- “The Authority has decided to retain the term “end-user” as it is defined in the Act and extends to persons who use the service of a licensee. The Authority is of the view that the word ”public” [which ICASA wanted to use] is inconsistent with the Act and the word “subscriber” is limiting because it does not allow for remedies in relation to transactions between licensees.”
ICASA have issued an ITA intended to result in the licensing of three new individual free-to-air sound broadcasting service licences (IBS licences). It is anticipated that new services will be licensed in Gauteng, Kwazulu-Natal and the Western Cape provinces.
ITA for Individual Commercial Free-to-Air Sound Broadcasting Service License
Due date for responses: “31 September 2009″ [it may be safer to try for 30 September which is an existing date on the calendar]
Non-refundable application fee of R50 000.
The Minister of Communications has issued a new policy direction authorising ICASA to develop and issue an Invitation to Apply (ITA).
Download Policy Direction on IECNS Licences.
Ellipsis comment: With respect, this document makes no sense to us at all. We would advise ICASA to do their best to ignore it.
Policy Direction: ITA for IECNS licence for provision of satellite infrastructureOn 7 July 2008 the Minister of Communications caused the publication of a Draft Policy Directive directing ICASA to issue out an Invitation to Apply (ITA) and accept applications for the award of “individual electronic communications network service licences to provide satellite infrastructure”.
Comments are due to be submitted to the Department of Communications by 18 August 2008.
Download the Draft Policy Directive.
Informative article giving some background [on ITWeb site]
Notice of surrender on an individual licenceDownload the notice to surrender an individual licence (PDF)
Application to transfer an individual licenceDownload the application to transfer an individual licence (PDF)
Application to renew an individual licenceDownload the application to renew an individual licence(PDF)
Application to amend an individual licenceDownlaod the application to amend an individual licence (PDF)
Application for a Special Temporary TransferDownload the application for special temporary transfer (PDF)
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