Ellipsis Advisory – Lockdown and Telecommunications Companies

Ellipsis – COVID-19 National Disaster interventions specific to ICTs (Summary of the Electronic Communications, Postal and Broadcasting Directions)

The Department of Communications and Digital Technologies (DCDT) has released a survey, to try to assess the impact of the COVID-19 pandemic on the ICT sector (word version also available). Responses can be forwarded to: Mr Charles Mabuza, Director Implementation Monitoring & Evaluation to DigitalEconomy@dtps.gov.za by 8 July 2020.

ISPA’s FAQ on the lockdown, which they have kindly opened up to everyone

Zero-Rating Application Form (…application to have a website zero-rated in terms of the Electronic Communications, Postal and Broadcasting Directions…) (Updated – 5 June 2020) – The relevant contact details for submission of applications can be found at the following link.

• Directions on the Risk-Adjusted Strategy for the Communications and Digital Technologies Sector [484_43263] (3 May 2020)
  • Amendment of Directions on the Risk-Adjusted Strategy for the Communications and Digital Technologies Sector [594_44814] (7 July 2021)
  • Amendment of Directions on the Risk-Adjusted Strategy for the Communications and Digital Technologies Sector [671_43439] (12 June 2020)
• The ICT COVID–19 National State of Disaster Regulations, 2021 (11 November 2021)
• The ICT COVID–19 National Disaster Regulations [238_43207] (6 April 2020)
  • ICT COVID-19 National Disaster Amendment Regulations [252_43279] (5 May 2020)
  • ICT COVID-19 National Disaster Second Second Amendment Regulations [663_43707] (11 September 2020)
  • ICT COVID-19 National Disaster Third Amendment Regulations [678_43945] (27 November 2020)
  • ICT COVID-19 National Disaster Fourth Amendment Regulations [669_44374] (31 March 2021)
  • ICT COVID-19 National Disaster Fifth Amendment Regulations [314_44631] (28 May 2021)
  • ICT COVID-19 National Disaster Sixth Amendment Regulations [674_45069] (31 August 2021)
• Disaster Management Act regulations [318_43107] (18 March 2020), amended by:
  • Disaster Management Act – Directions on Zero-Rating of Websites for Education and Health [651_43413] (5 June 2020)
  • Disaster Management Act (Amendment) – Electronic Communications, Postal and Broadcasting Directions Issued under Regulation 10(8) of the Act [516_43299] (11 May 2020)
  • Disaster Management Act – Amendment of Regulations issued in Terms of Section 27 [465_43232] (16 April 2020)
  • Disaster Management Act (Amendment) – Electronic Communications, Postal and Broadcasting Directions Issued under Regulation 10(8) of the Act [451_43209] (6 April 2020)
  • Disaster Management Act – Electronic Communications, Postal and Broadcasting Directions Issued under Regulation 10(8) of the Act [417_43164] (26 March 2020)
  • Disaster Management Act – Amendment of Regulations issued in Terms of Section 27 [419_43168] (26 March 2020)
  • Disaster Management Act – Regulations to address, prevent and combat the spread of Coronavirus COVID-19, Amendment [398_43148] (25 March 2020)
• Disaster Management Act – COVID-19 Temporary Relief Fund [215_43161] (26 March 2020)
• COGTA – COVID-19 Disaster Response Directions, 2020 [399_43147] (25 March 2020)

Declaration of Compliance to Operate Under Level 4 Lockdown

Government registration website for essential services – DTI Media release

Permit to Perform an Essential or Permitted Service

Form for reporting disputes in the deliver of telecommunications infrastructure and services during the COVID-19 period (to be used where a telecommunications service provider is prevented from travelling required for providing essential services during the lockdown period / where there is a dispute about access between a telecommunications service provider and a public or private land-owner; to be submitted to Mr Peter Mello, pmello@dtps.gov.za)

Regulations and Guidelines – Coronavirus Covid-19 (all related regulations, guidelines and notices)

Risk Adjustment Strategy Regulations – detailing directions from 1 May 2020 [480_43258] (29 April 2020)

Disaster Management Act – COVID-19 occupational health and safety measures in workplaces [479_43257] (29 April 2020)

Fabric Face Masks – Recommended Guidelines (Department: Trade, Industry and Competition) [24 April 2020]

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[28 May 2021] ICASA has published the updated ICT COVID-19 National Disaster Regulations.

ICT COVID-19 National Disaster Fifth Amendment Regulations

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[22 April 2021] ICASA has published its review of the ICT COVID-19 National Disaster Regulations for public comment.

Draft ICT COVID-19 National Disaster Regulations

ICASA publishes a Call for Comments on the ICT COVID-19 National Disaster Regulations

Submissions are due by 16h00 on 7 May 2021 and may be sent to Mr Davis Kgosimolao Moshweunyane per email covid19regulations@icasa.org.za.

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Media Release: ICASA operations during Alert Level-3 Lockdown (29 May 2020)

Media Release: ICASA update on working arrangements to be taken during level 4 (30 April 2020)

ICASA Media Statement: Response to Telkom’s concerns regarding assignment of spectrum in the 2300 MHz band (21 april 2020)

ICASA Media Statement: Temporary radio frequency spectrum issued to qualifying applicants in an effort to deal with COVID-19 communication challenges (17 april 2020)

ICASA Media Statement: Applications received for the temporary release of the radio frequency spectrum in a quest to fight the covid-19 pandemic (9 April 2020)

ICASA Media Statement: Emergency release of spectrum to meet the spike in broadband services demand due to covid-19 (6 April 2020)

Media Release: ICASA announces working arrangements to be undertaken during the lockdown period (26 March 2020)

ICASA engages with licensees to open their services to all South Africans in light of the COVID-19 pandemic (19 March 2020)

Media Release: ICASA is reviewing how it conducts its business amidst the spread of the COVID-19 pandemic (18 March 2020)

ICASA Media Release: Letter to all ECS and ECNS Licensees: Electronic Communications Service packages considering COVID-19 outbreak (18 March 2020)

Film and Publication Board Lock Down Notice

ITU Guidelines for national emergency telecommunication plans

Covid-19: SA ICT Task Team Response

Steve Song’s spreadsheet of Country Responses regarding Internet access during COVID-19 Pandemic

Ofcom information on the coronavirus (Covid-19)

Guidance Note on the Processing of Personal Information in the Management and Containment of COVID-19 Pandemic in South Africa in terms of the Protection of Personal Information Act 4 of 2013

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[22 September 2020] Mandating of short code for National Emergency Services

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[12 July 2020] Form 2: Permit to Perform an Essential or Permitted Service (12 July 2020)

Amendment of regulation 33 of the Regulations

5. Regulation 33 of the Regulations is hereby amended by the insertion of the following subregulation after subregulation (1):

“(1A) Every person is confined to his or her place of residence from 21H00 until 04H00 daily, except where a person has been granted a permit, which corresponds with Form 2 of Annexure A, to perform a service permitted under Alert Level 3, or is attending to a security or medical emergency.”

and

Substitution of Regulation 43 of the Regulations

8. Regulation 43 is hereby substituted for the following regulation:

“Public transport

43. (1) For purposes of this regulation “long distance travel” is a trip of 200 km or more whether the travel is within a province or inter -provincial.”

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[3 July 2020] Department of Communications and Digital Technologies: Survey: Impact of COVID-19 on the Digital Economy Businesses (Individual Companies) (Word version)

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[12 June 2020] Amendment of Directions on the Risk-Adjusted Strategy for the Communications and Digital Technologies Sector [671_43439] (12 June 2020)

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[16 May 2020] The Department of Communications and Digital Technologies (the DCDT) presented to the Portfolio Committee for Communications on its efforts in meeting the COVID-19 challenge.

200512 Department_on_Covid_and_reconfiguration_of_entities

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[11 May 2020]

Disaster Management Act (Amendment) – Electronic Communications, Postal and Broadcasting Directions Issued under Regulation 10(8) of the Act [516_43299] (11 May 2020), which removes the following:

2. SCOPE

2.4 Tracking and tracing of persons;

8. INDIVIDUAL TRACK AND TRACE

8.1 The Electronic Communication Network Service (ENCS) and Electronic Communication Service (ECS) Licensees, internet and digital sector in general, must provide location-based services in collaboration with the relevant authorities identified to support designated departments to assist and combat the spread of COVID-19. 

12. PROHIBITION ON PRICE INCREMENT AND MOBILE NUMBER PORTABILITY

All licensed entities must not effect any price increases and not perform mobile number portability for duration of the COVID-19 national disaster.

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[3 May 2020]

Directions on the Risk-Adjusted Strategy for the Communications and Digital Technologies Sector [659_43263] (3 May 2020)

Declaration of Compliance to Operate Under Level 4 Lockdown

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[29 April 2020]

Risk Adjustment Strategy Regulations – detailing directions from 1 May 2020 [480_43258] (29 April 2020)

Disaster Management Act – COVID-19 occupational health and safety measures in workplaces [479_43257] (29 April 2020)

Fabric Face Masks – Recommended Guidelines (Department: Trade, Industry and Competition) [24 April 2020]

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[20 April 2020]

Zero-Rating Application Form (…application to have a website zero-rated in terms of the Electronic Communications, Postal and Broadcasting Directions…)

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[17 April 2020]

ICASA Media Statement: Temporary radio frequency spectrum issued to qualifying applicants in an effort to deal with COVID-19 communication challenges (17 april 2020)

ICASA has made the following temporary assignments: 

700/800MHz: 

• Telkom – 40MHz; 
• MTN – 40MHz; 
• Vodacom – 40MHz. 

2300MHz: 

• Telkom – 20MHz (in addition to the 60MHz it already has in this band); 
• Vodacom – 20MHz. 

2600MHz: 

• Telkom – 40MHz; 
• Vodacom – 50MHz; 
• MTN – 50MHz; 
• RAIN Networks – 30MHz (in addition to the 20MHz it already has in this band). 

3500MHz: 

• Telkom – 12MHz out of the 32MHz for which it applied (in addition to the 28MHz which it already has in this band); 
• Vodacom – 50MHz; 
• MTN – 50MHz out of the 70MHz for which it applied; 
• Liquid Telecoms – 4MHz (in addition to the 56MHz which it already has in this band). 

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[16 April 2020]

• Letter – Department of Communications and Digital Technologies (DCDT): Telecommunication Infrastructure and Services During COVID-19 Period
• Disaster Management Act – Amendment of Regulations issued in Terms of Section 27 [465_43232] (16 April 2020)

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[15 April 2020]

Harmonisation of Short Code ‘111’ For Covid-19 National Emergency Services

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Covid-19: SA ICT Task Team Response

The South African ICT Industry, as a multi-stakeholder community , has established an Industry Task Force in response to the COVID19 pandemic.

[7 April 2020]

• Disaster Management Act (Amendment) – Electronic Communications, Postal and Broadcasting Directions Issued under Regulation 10(8) of the Act [451_43209] (6 April 2020)

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[6 April 2020]

• The ICT COVID–19 National Disaster Regulations [238_43207] (6 April 2020)
• Media statement: Emergency release of spectrum to meet the spike in broadband services demand due to COVID-19 (6 April 2020)
  • ICASA has made provision for temporary assignments in the following International Mobile Telecommunications (IMT) spectrum bands: 700MHz, 800MHz, 2300MHz, 2600MHz and 3500MHz.
  • Applications for assignment in these bands must be submitted to COVIDATA@icasa.org.za by no later than 16h00 on 9 April 2020.
  • Assignments made during this process will only remain valid until 30 November 2020.
  • Assignments will be made in accordance with the criteria and conditions stipulated in Annexure A “COVID-19 Temporal Spectrum Access Framework”, which provides that

“The I-ECS and I-ECNS who needs access to this band need to demonstrate the impact on network performance will be with additional spectrum. The following method can be followed:

1. 1. Provide the network performance report before the COVID-19 outbreak with the currently assigned spectrum holding;
   2. Provide the current network performance;
   3. Indicate the Areas that are highly constrained;
   4. Provide the network projections during the national lockdown;
   5. Indicate the band you require access to and the bandwidth required (For the immediate use only);
   6. Provide the modelled network performance with the additional spectrum you require; and
   7. Provide benefits to be realized by the consumers (i.e. reduced data prices, free daily bundle to all the customers, wi-fi connectivity etc.)”

• Regulations and Guidelines – Coronavirus Covid-19 (all related regulations, guidelines and notices)

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[27 March 2020]

• Ellipsis – COVID-19 National Disaster interventions specific to ICTs (Summary of the Electronic Communications, Postal and Broadcasting Directions)
• Disaster Management Act – Amendment of Regulations issued in Terms of Section 27 [419_43168] (26 March 2020)

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[26 March 2020]

• According recently published regulations all Internet sites operating with .ZADNA top-level domain names must have a landing page with a visible link to www.sacoronavirus.co.za
• Disaster Management Act – Electronic Communications, Postal and Broadcasting Directions Issued under Regulation 10(8) of the Act [417_43164] (26 March 2020)
• Media Release: ICASA announces working arrangements to be undertaken during the lockdown period
• Government registration website for essential services – DTI Media release
• Dominic’s twitter, on which he will post updates as they are released

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[25 March 2020]

• COGTA – COVID-19 Disaster Response Directions, 2020 [399_43147] (25 March 2020)

[25 March 2020] Overview of briefing by Stella Ndabeni-Abrahams:

• Fake news
  • Engagement with platform owners to quickly remove any fake news, agreement signed with department
• Access to Telecoms infrastructure and digital services
  • Too much traffic
    • ICASA considering providing spectrum relief in accordance with the law, to make sure spectrum is returned after crisis, failing which the regulator will determine what will happen with the temporary spectrum
• Type approval
  • Network equipment and handsets
    • New equipment needs to be available; cannot take 90 days (ICASA still needs to follow all processes without fail), pre-determined criteria for providers
• Tracking and tracing
  • Working with Department of Health; Operators have agreed to provide data analytics
• Support:
  • Education
    • Working with basic education – Provision of broadcast and virtual classrooms
    • Dedicated SABC channel and two studios for virtual classrooms
    • Facilitated with USAF funds
  • Health
  • Local government
    • SITA will assist with connectivity + service providers
• 100 million in funds are being provided to enable small business to carry out the above
• All broadcast licensees must broadcast relevant information, as well as the MNOs
• Prohibition on price increments & number porting
• Operators have zero-rated relevant sites (educational, gov, health)
• Easter Sunday
  • DSTV / SABC partnering with google to broadcast Easter Sunday service

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[24 March 2020] You will no doubt have seen the President’s address that SA will be entering lockdown from 26 March until 16 April. According to the President: The categories of people who will be exempted from this lockdown … include those involved in the maintenance of … telecommunications services … A full list of essential personnel will be published.

There are understandably many concerns and questions regarding the impact this will have. We are monitoring the situation and will provide updates and pertinent information as it comes in.