[ 17 July 2019 ] ICASA has released the list of RF Type Approved Equipment for Q1 2019. RF Type Approved Equipment, Q1 2019 ___ [ 12 April 2019 ] ICASA has released the list of RF Type Approved Equipment for 2018: RF Type Approved Equipment, 2018 ___ [ 19 March 2019 ] ICASA has scheduled public hearings in respect of the Draft Conformity Assessment Framework for Equipment Authorization, which will be held on 25 March 2019 at ICASA's head office in Centurion. ICASA Media Release: Public Hearings Public Hearings: Schedule Public Hearings: Notice ___ [ 31 January 2019 ] ICASA has extended the deadline for comments on the Draft Conformity Assessment Framework for Equipment Authorization to 28 February 2019 (previously 30 January 2019). ICASA Media Release ___ [ 14 December 2018 ] ICASA has published a Draft Conformity Assessment Framework for Equipment Authorization which seeks to review and modernise the manner in which electronic communications equipment is assessed and authorised. This follows on from the Position Paper on Equipment Type Approval Exemption published on 31 March 2017 (see below). The Draft Conformity Assessment Framework for Equipment Authorization Written representations are due by 16h00 on 30 January 2019, and can be emailed for the attention of Mr. Lumkile Qabaka, LQabaka@icasa.org.za . According to the executive summary: The objective of this document is to propose a more robust multilateral Conformity Assessment Framework with relevant criteria, that is responsive and adaptive to advancing information, communication and technology (ICT) developments, and achieving regulatory objectives in line with the Electronic Communications Act. ___ [ 2 April 2017 ] ICASA has published a regulatory position statement to conclude the inquiry into equipment type approval exemption. Regulatory position on equipment type approval exemption 31 March 2017 The Authority’s position is set out as follows: Based on the International Benchmarking Study, written and oral representations from stakeholders, the Authority has taken the following position in relation to exemption of equipment from Type Approval: 8.1 No exemption will be granted on the basis of the type of equipment. The Authority considers such exemption to be pre-mature at this stage and has the potential of possibly yielding irreversible unintended consequences. 8.2 The Authority will develop a framework for the exemption of equipment operating under the circumstances included but not limited to those listed in Table 1 below. Table 1: Circumstances [fusion_table] Equipment Category Description Systems and equipment used for the production and distribution of broadcast and content services All equipment in studios and production facilities that interfaces with the production environment and is under the control and operated by engineering professionals. Test and measurement equipment Any test and measurement equipment used by professionals and engineers of a licensed entity in the provision of telecommunications or broadcast services satellite communications equipment for temporal and/or limited area use only Equipment for research and development in a laboratory environment Equipment for demonstrations of prototypes and testing Equipment for sample testing, demonstrations and field trials. Equipment for demonstrations and exhibition. Equipment for operations of specialised agencies Equipment for maritime or aeronautical operations Radio telescope receivers, calibration and test equipment. Radio telescope array and radio astronomy facilities Amateur radios Radiocommunication services for the purpose of self-training, intercommunication and technical investigations carried out by amateurs on a non-commercial basis. Equipment used by Government Services Used for national security and defence networks. Equipment produced or imported for the purposes of exporting. Not for use in South Africa Spare parts, components to be used for repairs Provided such part is used in a certified product [/fusion_table] 8.3 The Authority will consider entering into and amending MoUs with relevant regulatory bodies such as, but not limited to: CAA, SAMSA, NRCS to alleviate regulatory burden to affected stakeholders. 8.4 The Authority shall embark on the process of reviewing the current Type Approval Framework and work towards a multi-level Conformity Assessment Framework based on the relevant criteria to deal with equipment intended to be made available commercially in the South African market. The broader framework will incorporate the circumstances under which MRA’s may be entered into and provide for robust market surveillance activities. ___ [ 9 December 2016 ] ICASA has scheduled public hearings on its review of equipment type approval for 14 December 2016. Equipment Type Approval Exemption Discussion Document Public Hearings ___ [ 28 September 2016 ] ICASA has requested written representations on its Discussion document on Equipment Type Approval Exemption. Discussion Document on Equipment Type Approval Exemption Representations must be submitted to Mr. Lumkile Qabaka (The Project Leader), lqabaka@icasa.org.za , by no later than 16h00 on 02 December 2016. The purpose of the Discussion Document is to solicit inputs on: The types of equipment, electronic communications facilities and radio apparatus, the use of which does not require approval where such equipment, electronic communications facilities and radio apparatus has been approved for use by the European Telecommunications Standards Associations or other competent standards body where the equipment complies with Type Approval; and The circumstances under which the use of equipment, electronic communications facilities, radio apparatus and subscriber equipment does not require approval, including uses for research and development, demonstrations of prototypes and testing. ___ [ 30 March 2016 ] Citing an increase in workload ICASA has published two notices regarding the extension of type approval application processing timelines from 15 to 30 working days and a 4.6% increase in the administrative fees that are levied. The increase is based on CPI and will take effect from 1 April 2016. Guidelines Type Approval Framework: Duration for processing Guidelines Type approval Framework: Increase of administrative fees ___ [ 12 January 2016 ] ICASA has published a media release concerning the suitability of the Mobile Manufacturers Forum’s (MMF) industry code for use within the context of e-labelling type approved mobile devices. Whilst the release confirms that the industry code complies with the Labelling Regulations published in 2013, it does not clarify whether parties applying for the type approval of mobile devices are required to seek ICASA’s permission before implementing the industry code’s e-labelling framework. Full text: MEDIA RELEASE ICASA considers the Mobile Manufacturers Forum’s industry Code on E-labelling 24 December 2015 Johannesburg – The Independent Communications Authority of South Africa (“ICASA”) published the Labelling Regulations (the “Regulations”) in the Government Gazette in 2013, the purpose of which is to specify the labelling requirements for all approved equipment. Sections 3(4) of the Regulations provides that in an instance where the equipment suppliers deem it infeasible to affix the physical label on the device, a written request for an alternative method must be submitted to ICASA for assessment. The Mobile Manufacturers Forum (MMF) submitted its industry code which provides a consistent framework for the use, placement and content of electronic compliance labels (E-Labelling) used within mobile and or wireless communications devices. E-Labeling provides an electronic representation of a compliance mark that is embedded in the device operating software. The electronic mark is difficult to replicate, and can be easily retrieved from the device settings or by dialing a short code. ICASA confirms that the MMF industry code complies with the Regulations. Ends… ___ [27 August 2013] This process has now been finalised and the new Type Approval Regulations came into force on 26 August 2013. Type Approval Regulations, 2013 [18 April 2013] ICASA has decided to hold another round of public consultation and released a second draft of the Draft Type Approval Regulations 2013. Comment is due by 16h00 on 10 May 2013. Second Draft Type Approval Regulations 2013 [ 10 February 2013 ] ICASA has published a long-overdue overhaul of the type approval regime in order to bring it into line with the provisions of the Electronic Communications Act 36 of 2005. Type approval of electronic communications equipment and facilities is one of the basic compliance obligations set out in the legislation governing electronic communications. The historical rationale of the requirement is the protection of the quality of networks by ensuring they are not damaged or interfered with by inferior equipment or equipment that does not comply with specified technical standards. Draft Type Approval Regulations 2013 Submissions are due by 16h00 on Friday 22 February 2013. We have prepared a lighter version: Overview Draft Type Approval Regulations 2013

[ 12 December 2018 ] The Portfolio Committee on Justice and Correctional Services has invited stakeholders and interested persons to submit written submissions on the Prevention and Combating of Hate Crimes and Hate Speech Bill 2018. Submissions must be received by no later than 31 January 2019, with public hearings to be scheduled thereafter. Submissions and enquiries must be directed to Mr V Ramaano, vramaano@parliament.gov.za ___ [ 3 June 2018 ] The Prevention and Combating of Hate Crimes and Hate Speech Bill was formally introduced to the Portfolio Committee for Justice and Constitutional Development on 30 May 2018. Prevention and Combating of Hate Crimes Hate Speech Bill (B9-2018) Presentation on Hate Crimes and Hate Speech Bill (30 May 2018) __ [ 20 February 2017 ] Links to submissions in respect of the Draft NAP to combat Racism, Racial Discrimination, Xenophobia and Related Intolerance 2-16 - 2021 and the Draft Prevention and Combating of Hate Crimes and Hate Speech Bill that we have found can be seen below: Draft NAP: Ubuntu Centre South Africa Equal Education Law Centre ISPA Draft Hate Crimes & Hate Speech: Helen Suzman Foundation Right 2 Know Uniting Presbyterian Church of South Africa Cause for Justice SA Catholic Bishops' Conference South African Institute of Race Relations Association for Progressive Communications The FW De Klerk Foundation For SA Southern Africa Litigation Centre Coalition of South African Comedians Legal Resources Centre [ 22 May 2016 ] The Department of Justice and Constitutional Development has published a draft “National Action Plan to combat Racism, Racial Discrimination, Xenophobia and Related Intolerance 2016 – 2021” which is open for comment until 30 June 2016. Hate speech online is also to be a focus of proposed Hate Crimes legislation being prepared by the Department. Draft National Action Plan to combat Racism, Racial Discrimination, Xenophobia and Related Intolerance 2016 – 2021 Comments and inputs can be submitted via email: nap@justice.gov.za Enquiries can be directed to: Ms Danaline Franzman, Chief Director: Social Justice and Participatory Democracy, Department of Justice and Constitutional Development, Tel: +27 (0) 12 315 1500/1487. The following passages are relevant to Internet service providers and social media platforms. Racism and Prejudice in Traditional and Social Media: 141. Racism continues to play out in the traditional media in South Africa, which is itself under the pressure of the increase of social media outlets. Social media has, in some cases, become an outlet for untrammelled racism. In addition, racial conflicts erupt in wars of words among media practitioners themselves. The media and other means of public communication, such as the Internet and social media, play a crucial role in enabling free expression and the realization of equality. But while freedom of expression and freedom of religion or belief are mutually dependent and reinforcing, freedom of expression must not impinge on the right to dignity. 142. Conversely, the unprecedented, rapid development of new communication and information technologies, such as the Internet and social media, has enabled wider dissemination of racist and xenophobic content that has the potential to incite racial hatred and violence. 143. In 2014, the South African Human Rights Commission confirmed that it had received more than 500 reports of racism – of which a large part were on social media.35 In February 2015 the SAHRC said that hate speech cases on social media increased to 22% of matters investigated, compared to 3% in the same period the previous year. 144. The Durban Declaration and other international human rights instruments, such as the International Convention on the Elimination of All Forms of Racial Discrimination and the International Covenant on Civil and Political Rights provide a comprehensive framework for possible actions in combating the phenomenon of racial, ethnic and xenophobic hatred. The Durban Declaration encouraged States, civil society and individuals to use the opportunities provided by the Internet to counter the dissemination of ideas based on racial superiority or hatred and to promote equality, non-discrimination and respect for diversity. 145. South Africa has also enacted the Protection from Harassment Act, 2011 (Act No. 17 of 2011) thereby enabling all South Africans to approach the courts for protection from harassment or sexual harassment per electronic communication - including harassment via SMS or e-mail. 146. In response to the increasing vulnerability of victims to cybercrime, South Africa has implemented a number of strategic and tactical interventions including the approval of a National Cyber Security Policy Framework (NCPF) in 2012. The issues of racism and racial hatred on the worldwide web and social media platforms are further addressed through legislation to combat cybercrime. The country is in the process of finalising legislation on cybercrime and related matters. This is in accordance with the African Union Draft Convention on the establishment of a credible legal framework for cyber security in Africa. It requires States who ratified the Convention to adopt legislation to criminalise the dissemination of racist and xenophobic material. The legislation includes the prohibition and dissemination of racist and xenophobic material through a computer or electronic communications network as well as the incitement of violence against a person or groups of persons through the same. … Joint Programmes and Measures 191. The NAP while guaranteeing freedom of expression, in accordance with international law will provide a framework for both government and civil society to develop programmes and measures which are designed to: · To prevent and eradicate advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence by the media; · To ensure that information and communications technologies assist in the promotion of tolerance, mutual respect and understanding and multiculturalism, and contribute to the fight against racism, racial discrimination, xenophobia and related intolerance. · To promote end-user empowerment and education; · To encourage Internet service providers and social media platforms to engage in policy discourses and in consultations on the issues of combating racism and incitement to racial hatred and violence on the Internet ; · To develop intelligent software in the areas of monitoring and filtering; and improvements in coregulation and self-regulation mechanisms · The promotion of local content and initiatives to contribute to greater understanding and respect for diversity and reduce misperceptions feeding racist and xenophobic sentiment · The creation of policies and strategies to ensure that access is widely available and affordable for all, on the basis of the principles of non-discrimination of any kind, including on the grounds of race · To encourage Internet service providers and social media platforms to issue clear policies on combating racial and ethnic incitement and hatred, and to include them in their terms of service · To encourage Internet service providers, social media platforms and online moderators to undertake training and education initiatives to address racism online · To create technology that supports vulnerable users · To support civil society and marginalized communities to build strong movements to counter racism and intolerance online · To encourage the examination of the correlation between manifestations of racism on the Internet and social media and the number of hate crimes and cyber bullying.

[ 11 November 2017 ] The finalised National e-Strategy Digital Society South Africa has been published in the Government Gazette: National e-Strategy Digital Society South Africa __ [ 10 April 2017 ] The Minister of Telecommunications and Postal Services has published for comment a draft National e-Strategy under section 5{3) of the Electronic Communications and Transaction Act of 2002. Draft National e-strategy - Technology working for the people to build an information and knowledge society Comments on the draft are due by 25 May 2017 and should be submitted to for the attention of Ms Angie Mokgabudi, Chief Director: ISAD Coordination Information Society Development and Research per email at estrategy@dtps.gov.za . The draft Strategy has the following vision, mission and strategic objectives: Vision : Making Technology Work for South African citizens and building a digital future for all South Africa possesses the latest technological know-how and have extensive innovative ICT technologies and systems deployed in some pockets of national life. The overall task is to harness the existing technological base and direct it to providing solutions to the critical societal challenges and problems. Technology must be harnessed to serve the people and help offer solutions to real needs. Mission : To develop a people centric caring knowledge based society, transforming the South African society and the economy based on access and utilization of modern information communications technologies. Strategic objectives : in the short-to-medium term the final Strategy will seek to: Develop and implement a comprehensive e- government strategy Develop and implement E-strategy Sectoral Plans Fast-track the roll-out of broadband infrastructure to build smart digital communities Develop a Cybersecurity programme to safeguard the networks, platforms, mission critical systems Develop frameworks for e-commerce, m-transactions and electronic payments Increase the contributions of ICTs in the national economy and supporting SMMEs, South African software and hardware businesses

[ 30 January 2017 ] The B-BBEE ICT Sector Council presented on its progress in implementing the ICT Sector Code to the Portfolio Committee for Telecommunications and Postal Services on 24 January 2017. The Council noted that – since it was established in September 2015 – it has: Consulted with the ICT Industry as part of the process to Amend the Sector Code Subsequently finalized the Amended Sector Code which was published in the Government Gazette on 7 November 2016 Completed the Interim Sector Monitoring Report Interacted with various stakeholder to provide guidance on the implementation of the Amended Sector Code which took effect from the date of publication B-BBEE ICT Sector Council Presentation to TPS Portfolio Committee 24 January 2017 ___ [ 14 November 2016 ] A final, amended version of the Codes of good practice for the Information and Communications Technology Sector under the Broad-based Black Economic Empowerment Act was gazetted and came into force on 7 November 2016. Broad-based Black Economic Empowerment Act: Codes of good practice: ICT sector November-2016 ___ [ 26 October 2016 ] The B-BBEE ICT Sector Council will be officially launched at the Gallagher Convention Centre on 8 November 2016. ___ [ 30 October 2015 ] The B-BBEE ICT Sector Council (established on the 23rd of September 2015) is mandated to implement and monitor B-BBEE in the ICT Sector and it has undertaken the task of aligning the existing B-BBEE ICT Sector Code with the revised Generic B-BBEE Code of Good Practise. The Department of Trade and Industry (dTi) requires this process to be completed by the end of October 2015 (failing which the sector will revert to using the generic codes). The Council has prepared a draft aligned B-BBEE ICT Sector Code which is to be published in the Government Gazette after which there will be a 60 day period for submissions by interested parties. Draft Aligned ICT Sector Code 27 October 2015 ICT Sector Council Media Statement 20151025 Note that this is not the gazetted version and therefore the 60 day period has not commenced yet. The ICT Sector Code will be subjected to a comprehensive review by the end of the current financial year. ___ [ 6 June 2012 ] The B-BBEE ICT Sector Code has been gazetted. BB-BEE ICT Sector Code June 2012 Key features include the following: The ICT sector has set a black ownership target of 30% to be achieved by entities in the sector. There is a set target of 5% Net Profit After Tax to be spend on enterprise development initiatives aimed at growing and developing black owned ICT enterprises. Spend of 1.5% of Net Profit After Tax on Socio Economic Development Initiatives to improve the lives of communities through programmes such as ICT's in education, and health. The ultimate goal is to bridge the digital divide in the country ___ [ 24 June 2011 ] The Department of Trade and Industry has - after a gestation period of some 8 years - published for public comment a draft ICT Sector Code intended to accelerate the transformation of the ICT industry in South Africa. Draft ICT Sector Charter Comments are due by 10 August 2011.

Open for comment – Ellipsis

Ownership and Control of Service Licences

dom2020-02-19T13:33:23+02:00Feb 17th, 2020|ICASA, individual licence applications, licensing, Open for comment, snippets|

[17 February 2020] ICASA has released draft regulations in respect of limitations of control and equity ownership by HDGs and the application of the ICT sector code. Comments on the draft regulations are due by 3 April 2020, marked for the attention of Mr Peter Mailula - Project Manager (PMailula@icasa.org.za) / Ms Fikile Hlongwane - [...]