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Proposed amendments to standard terms and conditions

ICASA 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.

Draft Amendments to the Standard Terms and Conditions for Licences and the Process and Procedure Regulations July 2009

Comment is due by 24 August 2009.

Review of End-user and Subscriber Service Charter Regs – 20090119

ICASA have published a notice calling on industry to submit comments in response to a review of the “Regulations setting out the minimum standards for end-user and subscriber service charters 2008″, previously published on 31 October 2008.

“The purpose of the enquiry is to assist the Authority in deciding if the said regulations should be amended or repealed and, if so, replaced.”

“Such views should deal with proposals as to how the said regulations should be amended or replaced and in that respect, what the content of the amended or replaced regulations should be in the amended or replaced form. Those views must also be motivated, inter alia, with reference to why the said regulations are not practical and why the proposed amending or replacing regulations would be practical.”

Download charter_regs_notice_section_4b_review_20090119

Comments is required within 60 (working) days of publication on 19 January 2009.

ellipsis comment: the current regs are weak and vague and are unlikely to be much use to consumers in SA so we welcome this move to review them

Download the current regulations: 20081031: Regulations setting out the minimum standards for end-user and subscriber service charters

These regulations have previously been published in 2007 and then withdrawn after Vodacom indicated to ICASA that they would take legal action to prevent them from coming into force on the basis the published document contained material not canvassed in the public participation process.

Draft Carrier Pre-selection Regulations released (updated)

ICASA has issued draft regulations on carrier pre-selection in terms of section 42 of the Electronic Communications Act. Carrier pe-selection refers to the ability of end-users to choose which telecommunications carrier they prefer when making calls.

In a move no doubt calculated to ensure a high quality of responses the period for comment closes on 9 January 2009. Oral hearings are scheduled for the 21st & 22 January 2009.

Due to a clamour from regulatory specialists who failed to see the amusing side of the 9 January 2009 as a deadline the date for submissions has been extended to 23 January 2009. Oral hearings are now scheduled for 18 & 19 February 2009.

Download the ICASA Draft Carrier Pre-select Regulations.

A subsequent notice setting out the extension and certain errata can be downloaded here.

In an unprecedented act of pragmatic efficiency ICASA has also released a word version of the draft regulations with explanatory notes as well as a full and extremely useful explanatory memorandum. A big UP to the folks in the Competitions and Markets division at the Authority :) .

Download Draft CPS Regulations with explanatory notes and memorandum.

Policy Direction – Licensing of Broadband Infraco

The Minister of Communications has published a draft Policy Directive in terms of section 3(5) of the Electronic Communications Act relating to the licensing framework of Broadband Infraco (Pty) Ltd.

This document is open for comment until 10 December 2008.

Download the Policy Direction on the licensing framework of Broadband Infraco (Pty) Ltd 20081029

Universal service & access definitions up for comment (7 November)

The Universal Service and Access Agency of South Africa (USAASA) has given notice of its intention to make recommendations to the Minister in respect of the definitions of “universal service” and “universal access” in terms of section 82(3) of the ECA. USAASA also intends to make recommendations to ICASA in respect of “underserviced areas” from time to time & to advise the Minister in respect of “needy persons”.

Comments due by 12 September 2008.USAASA Definitions Gazette

Update: Date for comments extended to 7 November 2008 by General Notice 1208 of 2008 (GG 31456).

Draft regulations on the e-Rate

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 e-Rate Regulations

Policy Direction: ITA for IECNS licence for provision of satellite infrastructure

On 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]

Competition Amendment Bill

Download the Competition Amendment Act (PDF)

Note on the Competition Amendment Bill

The Competition Amendment Bill and its impact on competition regulation in the electronic communications sector – June 2008

Purpose of the Bill
The concurrent jurisdiction problem
Position under the ECA
Proposals in the Bill
Excerpt from the Memorandum on the Objects of the Bill

The Competition Amendment Bill [B31-2008] (

Notice of intention to convert commerical broadcasting licences

Notice of intention to convert commerical broadcasting licences


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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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