Licence registrations | Licence surrenders | Licence amendments | Licence transfer applications | Numbers applications | Frequency applications | Type Approval | Other | Regulatory compliance | CCC representation | Opinions & Advice | Consumer protection act compliance | WASP advisory services
ICASA Applications and Registrations
All fees quoted below are exclusive of VAT and are intended as guidelines to be confirmed by way of quotation.
All fees quoted below do not contemplate the ICASA fee that may be payable to ICASA. See here for a list of ICASA fees applicable per process, which is payable before the relevant application is submitted to ICASA. ICASA does not issue invoices or receipts for these payments.
All fees are invoiced on submission of initial documentation to ICASA unless otherwise stated in direct correspondence, and are payable within 7 days of receipt of invoice. Ellipsis reserves the right to retain licences or return same to ICASA where payment of final invoice has not been timeously received.
Class ECS + Class ECNS
Note that any errors by ICASA on the issued licences that necessitate additional work to obtain corrections to the issued licences will be billed at the reduced hourly rate of R1 250 ex VAT, and any additional disbursements (eg courier costs) that may be incurred will also be for your account.
For further information on Licence registrations, please contact Rolf Blom.
Class ECS & Class ECNS
Individual ECS & Individual ECNS
Note that this only applies where all compliance obligations in terms of the licence(s) have been fulfilled. There will be an additional fee should we assist with compliance obligations, whether before submission or after at ICASA’s request.
For further information on Licence surrenders, please contact Sumaiyah Makda.
Licence details – Notifications of change
CECS + CECNS
IECS + IECNS
Changes to Shareholding
This fee contemplates the provision of advice relating to your changes, preparation of the relevant documentation and submission of same to ICASA, all additional correspondence and forms as may be required by ICASA, and disbursement for sending the amended licences to you once issued by ICASA.
Note that ICASA has no set timelines for the consideration of notifications of change and the issuing the of the amended licences, and your obligation is met once the documentation is submitted to ICASA; if you want us to continue to do weekly follow-ups after the first 3 months after submission of the documentation to ICASA until the licences are issued, an additional fee of R1 250 ex VAT per 3 months will apply.
For more information on ICASA requirements and processes where you wish to change your shareholding or contact details on your licences, please contact Sumaiyah Makda.
Licence transfer applications
IECS + IECNS
Note that any errors by ICASA on the issued licences that necessitate additional work to obtain corrections to the issued licences may be billed at the reduced hourly rate of R1 250 ex VAT, and any additional disbursements (eg courier costs) that may be incurred will also be for your account.
For further information on Licence transfer applications, please contact Sumaiyah Makda.
For further information on Number applications, please contact Sumaiyah Makda.
For further information on Frequency applications, please contact Rolf Blom.
RF & TTE Applications, Supplier Registration - Single Unit
RF & TTE Applications, Supplier Registration - Multiple units
For further information on Type Approval applications, please contact Rolf Blom.
Electronic communications regulation is a vast and complex field and our experience is that we are constantly faced with new situations. Ellipsis has the industry background, understanding and contacts to meet the needs of those looking for something other than the services listed above. Feel free to contact us on firstname.lastname@example.org.
Holders of licences issued by ICASA and providers of electronic communications services are required to comply with a variety of legislation and regulation and keeping compliant can be overwhelming. Ellipsis therefore offers a retainer-based service aimed at ensuring that licensees are kept in good standing with ICASA.
Services provided as part of the compliance retainer include:
- Ensuring compliance with the Standard Terms and Conditions of applicable to licences, including incorporated regulation as set out in a Regulatory Compliance Calendar (to be developed)
- Provision and continuous updating of required documentation including a Code of Conduct and Subscriber Service Charter
- Provision of assistance with submissions and required payments to ICASA in respect of annual licence fees and contributions to the Universal Service and Access Fund (USAF)
- Provision of information relating to relevant regulatory processes
- Telephonic and email support: on regulatory compliance
ICASA has taken to raising complaints against licensees for non-compliance with certain regulations under the Electronic Communications Act. If you are approached by the CCC with regard to a complaint of non-compliance, you will need to engage with them and attend a hearing.
Opinions & Advice
We provide, on a per quotation or retainer basis:
• Advice and opinions on regulatory and electronic communications licensing issues
• Representation before ICASA and other industry bodies
• Representation in respect of disputes and complaints
• Advice in respect of WASPA compliance
• Due diligence assessments around regulatory compliance
• Drafting of general agreements requiring an understanding of technology and electronic communications
• Submissions relating to ICASA regulatory processes
• Interconnection and facilities leasing agreements
• Mobile Virtual Network Operator (MVNO) agreements
• Software and general ICT agreements
For further information, please contact Dominic Cull.
Consumer protection act compliance
The Consumer Protection Act (CPA) applies to ISPs, and if an ISP’s contracts or its processes do not comply with the CPA’s rather onerous provisions, this can have painful consequences.
Annoyingly, the CPA will apply to an ISP’s smaller clients, but most of it will not apply to corporate clients. If an ISP wishes to have a single contract for all clients it must ensure that it does not defeat its own interests with its larger clients in complying with the CPA for its smaller clients.
The provisions that apply to ISPs are too numerous to list here, but some choice examples are:
- Agreements must be drafted in plain language.
- Agreements with natural persons cannot exceed two years in length and cannot automatically renew.
- Natural persons can cancel agreements on 20 business days’ notice.
- Certain contractual terms are deemed to be unfair and will not be enforced.
- There are restrictions on the exemptions and indemnities that an ISP can have in place.
- Clients have a right to good service.
Ellipsis has advised several ISPs on compliance with the CPA and can assist in making both standard terms and an ISP’s business processes compliant.
Fees are subject to quotation and will depend on complexity.
For further information, please contact Anton Kotze.
WASP advisory services
Ellipsis offers an advisory service to assist WASPs in complying with the WASPA Code of Conduct and Advertising Rules. We will assist in making your advertisement / campaign / service compliant before you go to the expense of implementing it.
Our compliance team consists of specialist ICT lawyers who have served as WASPA Adjudicators and on the WASPA appeals panel. They all have an intimate knowledge of the WASP industry and are well placed to advise on all aspects of WASPA regulatory requirements.
Use of our service greatly reduces the chance of being subject to a WASPA formal complaint, and if any sanction is ultimately imposed it is likely to be less serious because you took reasonable steps to ensure compliance.
For further information, please contact Dominic Cull.