[10 March 2016] The Complaints and Compliance Committee (CCC) has issued fines to several licensees for non-compliance for the 2015/2016 financial year. As noted midway through 2014, this is as a result of an increased rate of ICASA raising complaints through the CCC process, a mechanism previously available to the communications regulator but up until this point not yet used to seek sanctions against non-compliant licensees.
[15 June 2014] We have noticed a steady increase in ICASA raising complaints against licensees for various non-compliance matters with the Complaints and Compliance Commission (CCC). This is a new development as the communications regulator has until now not sought to invoke sanctions available through the CCC process. The complaints raised for the main part relate to alleged failures to pay annual licence fees and contributions to the Universal Service and Access Fund (USAF), but also encompass failures to respond to letters and notices issued to licensees.
[21 April 2015] ICASA published a notice in the Government Gazette on 20 April 2015 noting that certain licensees are required to submit an annual forecast of licence fees using the format in Schedule 3(1), on or before the end of April every year. ICASA requires that each licensee with a financial year ending in October, November, December, January, February and March submit an annual forecast of licence fees and the Universal Service and Access Fund (USAF) contribution.
In addition, these licensees must also submit a trial balance; detailed management accounts and reconciliations between the trial balance, management accounts and a calculation of the forecast of the licence fees and USAF contribution.
Where a licensee is no longer operational it must submit a letter to ICASA indicating it has not commenced operations.
Every Broadcasting service and ECS/ECNS licensee must submit on or before 30 April 2015, the information referred to in this notice as follows:
ATTENTION: Mr Godfree Maulana
Any licensee, who fail to submit the requisite information by the deadline referred to above, will be deemed non-compliant and liable to appear before the Compliance and Complaints Committee (“CCC”) of the Authority, for adjudication. A possible fine may be imposed as penalty, if found guilty of non-compliance.