Dec. 2017 Digest - Wits University

Electronic Communications Law Digest

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Archived - Final Digest of 2017 - December

Latest Notice

Body	Content	GG No.	Notice No.	Date	Comment
ICASA	Extension of period to make submissions on the Draft Code for People with Disabilities	41345	970	19 Dec	Written representations by 17 January

Ongoing General Regulatory Processes Pending

Body	Content	Status	Relevant GG References
ICASA	Draft Number Portability Regulations	Called for written submissions	41275
DTPS	Draft ECA Amendment Bill	Called for written submissions, date extended	4162, 41312
ICASA	Draft Amendments to End User and Subscriber Service Charter Regulations 2016– Focus reduction of data costs	Called for written submissions	41623
ICASA	Draft Radio Frequency Spectrum Assignment Plan for Band 440-441 MHz	Called for written submissions	41164, N 788
ICASA	Draft Radio Frequency Spectrum Assignment Plan for Band 380-400 MHz	Called for written submissions	41164, N 787
ICASA	Draft Radio Frequency Spectrum Assignment Plan for Band 150.5-153 MHz	Called for written submissions	41164, N 786
ICASA	Draft Radio Frequency Spectrum Assignment Plan for Band 138 -143.6 MHz	Called for written submissions	41164, N 785
ICASA	Draft Radio Frequency Spectrum Assignment Plan for Band 1518 -1525 MHz	Called for written submissions	41164, N 784
ICASA	Draft Radio Frequency Spectrum Assignment Plan for Band 2285 - 2300 MHz	Called for written submissions	41164, N 783
ICASA	Draft Radio Frequency Spectrum Assignment Plan for Band 1518 -1525 MHz	Called for written submissions	41164, N 782
ICASA	Draft Radio Frequency Spectrum Assignment Plan for Band 75.2 -87.5 MHz	Called for written submissions	41164, N 781
DOC	Draft Films and Publications Board Tariffs Review	Called for written submissions – 10 November	41142, date clarified in an email
ICASA	Second draft Radio Frequency Spectrum Assignment Plan for 825 – 830 and 870 – 875 MHz	Called for written submissions	41082
ICASA	Inquiry into Subscription TV Broadcasting Services	Called for written submissions, date extended twice – 4 December	41070, 41102 (erratum), 41155, 41192
Competition Commission	Notice of an Enquiry into Data Services	Called for written submissions	41054
ICASA	Notice of Intention to Conduct an Enquiry into Priority Markets – telecoms focused	Called for written submissions, date extended	40945 (N485), 41040
ICASA	Draft Regulations on the Use of Television White Spaces	Called for written submissions	40772, 40815
ICASA	Discussion Doc: Equity Ownership by Disadvantaged Groups and the Application of the ICT Sector Code	Called for written submissions on the analysis.	40759, 40915
ICASA	Discussion Document: Regulatory Framework for Community Broadcasting	Hearings	40660, 40815, 40945 (N 484)
ICASA	ITA for a composite licence ie FTA Commercial TV Service and applicable Mux 3 frequencies	Submission date extended to 16 November 2016 and Errata on ITA Published	40652, 40862, 40968 Ns 512, 513 and 515 note the last two appear identical.
Dept of Justice and Constitutional Development	Draft Code of Administrative Good Conduct to provide administrators with practical guidelines and information for efficient administration	Called for written submissions	40540
ICASA	Draft National Frequency Plan	Called for written submissions and hearings on 9-10 Feb 2017	40480, 40567
Dept. of Justice and Constitutional Development	Preventing and Combatting of Hate Crimes and Hate Speech Bill	Called for representations	40367
DTI	Intellectual Property Consultative Framework	Called for representations	40262
ICASA	Enquiry into the competitiveness of the subscription TV services market	ICASA has published corrections to the notice about the process	40133, 40256
Dept of Economic Development – Competition Commission	Draft Guidelines on Assessment of Public Interest Provisions in Merger Regulations	Called for written comments	39560
ICASA	Discussion Doc on use and licensing of the V and E Bands	Called for written comments	39180
DOC	Broadcasting Amendment Bill, 2015	Notice given	39413
DOC	Films and Publications Amendment Bill	Approved by the Parliamentary Committee on Communications	39322
ICASA	ITA to provide mobile broadband access in the 800MHz and 2.6 GHz bands	ITA Published, amended several times and Time-frame for the award process has been deferred indefinitely	39179, 39192, 39203, 40145, 40264, 40301, 40608
ICASA	Discussion Document on use of the V and E Bands	Called for written comments	39180
GSIS	Draft Marketing, Advertising and Communication Sector Charter	Called for written comments	39175
Parliament	Notice of intent to introduce a Private Members Bill on Draft Protection of Critical Infrastructure Bill	Called for written comments	39147
Dept of Justice	Invitation to comment on Draft Cybercrime and Cybersecurity Bill	Closing date 30 Nov 2015	gg 39161
ICASA	Invitation to apply for spectrum on Multiplex 3 to provide commercial subscription television broadcasting services	Invitation to comment on applications by Siyaya, ODM and Pretoria FM	gg 39191, 39797
DOC	Draft Community Broadcasting Support Scheme	Requested written submissions	gg 38947
Film and Publications Board	Draft Online Regulation Policy	Requested written submissions	gg 38531
ICASA	Draft Regs - Code for Persons with Disabilities	Requested additional written submissions	gg 38211, 41265, 41345
DOC	Call for Proposals on Broadcasting Policy Review	Requested written submissions	gg 38206
DTPS	Proposed amendment of Alternative Dispute Resolution Regs under the ECT Act	Requested written submissions	gg 38128, 40428
USAASA	Draft Recommendations for Qualifying Criteria for Set Top Box Scheme of Ownership and Support	Requested written submissions	gg 38134
ICASA	Draft International Mobile Telecommunications Roadmap – request for comments	Requested written submissions	gg 37948, 39301
ICASA	Competition in ICT Sector Enquiry	Oral Hearings 1-3 Oct	gg 37456, 37990
ICASA	Draft End User and Subscriber Service Charter Regulations	Requested written comments on the third draft thereof	gg 37251, 39270, 39309, 39694
ICASA	Cost to Communicate Programme	Initiated	gg 36532
ICASA	Framework for toll-free services ( ie 080 numbers)	Public Hearings held	gg 36722, 36821
ICASA	Draft Bitstream and shared/full loop access Regulations.	Published explanatory memorandum and requested comments thereon	gg 36705, 36840, 37121,

Electronic Communications-Related Legislation and Regulations Enacted, and Position Papers Finalised, in 2017

Body	Content	GG No.	Notice No.	Date
DOC	Appointment of nine members of the Appeal Tribunal of the Film and Publications Board	40587	53	31 Jan
Western Cape High Court	Court refusing SABC’s application to appeal ruling that Hlaudi Motsoeneng could not be employed at the SABC	Case No. 1807/16		7 Feb
ICASA	Reasons for Decision Document: Application for individual licence in the Northern Cape – no licence granted	40640	148	23 Feb
ICASA/CCC	ICASA has issued a media release statement that the ICASA Council has approved the CCC’s recommendation that the 2016 amendments to the SABC’s Editorial Policies were invalid and are set aside. The 2004 Editorial Policies accordingly remain valid.			9 Mar
ICASA	Notice of an increase in administrative fees for Broadcasting, ECS and ECNS licences eg for licence applications, amendments, renewals, transfers.	40704	232	17 Mar
ICASA	Notice of an increase in administrative fees for type approvals	40715	268	23 Mar
ICASA	Notice of an increase in Radio Frequency Spectrum licence fees by 6.4%	40719	237	24 Mar
ICASA	Numbering Plan Amendment Regulations	40723	240	27 Mar
ICASA	Consumer Advisory Panel Regulations	40725	241	28 Mar
Presidency	Appointment of SABC Interim Board Members	40729	243	29 Mar
ICASA	Position Paper on Type Approval Exemption	40733	248	31 Mar
ICASA	Position Paper on the Framework for Dynamic and Opportunistic Spectrum Management	40772	282	7 April
ICASA	Submission of financial information for 2016/2017 Annual Compliance – applicable to Broadcasting Services, ECS and ECNS	40772	284	7 April
ICASA	2016 Elections Coverage – Compliance Report	40772	285	7 April
ICASA	Standard operating procedures for the use of the E-band radio frequency spectrum	40815	317	28 April
ICASA	Findings of Enquiry into Number Portability	40945	483	30 June
ICASA	Full list of class licences and unreserved postal service certificates	41100	693	8 Sept
ICASA	Amendment to the 2014 Call Termination Regulations	41132	729	22 Sept
ICASA	Amendment to Call Termination Regulations	41167	811	6 Oct
High Court	Judgment in the two SABC Cases: Effect of ruling: No role for the Minister in appointing or disciplining SABC Executive Directors and Directors cannot be removed except through a Parliamentary Process			17 Oct
ICASA	Bi-Annual Report on Tariff Notifications received			10 Oct
DTPS	National e-Government Strategy and Road Map	41241	86	10 Nov
DTPS	National e-Strategy – Digital Society South Africa	41242	887	10 Nov
DTPS	Final ICT SMME Development Strategy	41243	1252	10 Nov

If you have any comments or queries regarding anything contained in this digest, please email justine@limpitlaw.co.za

Disclaimer
While every effort is made to ensure the accuracy of information provided in this Electronic Communications Law Digest, neither Justine Limpitlaw nor the Wits LINK Centre can be held responsible for any omissions or for errors contained herein.

Electronic Communications Law Digest

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