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Overview of South African telecommunications regulation

This is a top-level view of the regulation of telecommunications or electronic communications in South Africa intended to provide a starting point for those looking to gain a working knowledge of the issues.

Key Considerations in Electronic Communications Regulation in South Africa

Control and Ownership Regulations (Telecommunications Act)

Regulations in respect of the ownership and control of telecommunications services in terms of section 52 of the Telecommunications Act 103 of 1996 (Regulation 105, GG 24288, published 16 January 2003)

Draft regulations: functional specification for geographic number portability.

Download ICASA’s Draft Regulations on the Functional Specification for Geographic Number Portability published 6 March 2006.

Round Number 2 to Altech as Court throws out Minister’s appeal

It 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.

Numbering

ICASA Numbering Plan Regulations (Government Notice R455, GG 28839, 15 May 2006)

ICASA Application Form for 087 numbers (November 2006)

ICASA Guide to VoIP numbers applicant (version 1.4)

Minister sues Regulator to prevent competition

Things 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

Ten years of telecoms policy in SA

If you wish to improve your understanding of why the electronic communications industry in South Africa is riddled with obstructive regulation and gain a keener appreciation of the lie that is the “policy” of “managed liberalisation” then please take 20 minutes to read ‘Another instance where privatization trumped liberalization: The politics of telecommunications reform in South Africa

Yes it will!

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.

Note on the implications of the Altech Judgement

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

Can i get a VANS licence?

I get asked this i lot and the answer remains no (unless you wish to purchase one).

VANS licenses were issued under the Telecommunications Act of 1996 which was repealed on 19 July 2006 and replaced with the Electronic Communications Act 36 of 2005 (“the ECA”). ICASA did issue VANS licenses after 19 July 2006 so as to avoid a two year licensing gap but stopped doing this early in 2008. ICASA has further indicated that these post 19 July 2006 VANS licenses will not be part of the licence conversion process but will be withdrawn and the holders issued with licenses under the ECA.

The ECA introduces an entirely new licensing framework – check out the licensing section.


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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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