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Determination with regard to universal access and universal service

The Department of Communications has issued a determination under section 82(3) of the Electronic Communications Act of 2005 (“the ECA”) setting out what is to be regarded as constituting (a) universal access by all areas and communities in South Africa to electronic communications services and electronic communications network services, and (b) universal provision for all people in South Africa of electronic communications services and access to electronic communications network services.

Determination of Universal Access to and Universal Service of Electronic Communications Services and Electronic Communications Network Services (Feb 2010)

The Determination also sets out universal access and universal service targets which be applicable for at least the next two years. It is not clear at this time how these targets will be applied to holders of ECS and ECNS licences.

USAASA Tenders October 2009

The Universal Service and Access Agency of South Africa (USAASA or “the Agency”) has released a series of tenders which indicate that progress is finally being made with regard to policy programs supporting the roll-out of electronic communications networks and provision of electronic communications services in under-serviced areas.

Three tenders have been published:
Tender on the Development of Universal Access and Service Strategy [USAF/HO/08/2009] – closing date 9 October 2009
Development of a Standard Operational Procedure and Manual for the Universal Service and Access Fund [USAF HO/05/2009] – closing date 9 October 2009
Invitation to Apply for Subsidy through the Universal Service and Access Fund for Deployment of ICT Public Access Facilities in the Under Serviced Areas [USAF/HO/04/2009] – closing date 30 October 2009

USAF Contribution Regulations

ICASA have finalised the Regulations relating to the obligation on licensees under the Electronic Communications Act (ECA) to make contributions to the Universal Service and Access Fund (USAF).

The Universal Service and Access Fund Regulations, 2008, were published on 10 October 2008 as General Notice 1270 in GG 31499.

The regulations will come into effect on 1 April 2009.

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).

Inquiry into definition of “underserviced” in Cell C licence

Download the ICASA Inquiry into the Definition of Under-serviced Area in the Cell C Licence (PDF)

Note on the ICASA Inquiry into the definition of Under Serviced Area (USA) in the Cell C licence
Due: 30 July 2008

This is an Inquiry in terms of section 4B of the ICASA Act which flows directly from the High Court ruling in favour of MTN in respect of the review proceedings which MTN brought against ICASA for approving certain roll out plans submitted by Cell C in respect of Community Service Telephones (CSTs).

The High Court on 26 February 2007 ruled that ICASA had not properly applied its mind to the matter and ordered it to consider it anew. Accordingly they have published this notice so that industry can assist them to determine whether Cell C has complied with its obligations under its licence.

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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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