CUASA NEWSLETTER
December, 2003
Industry information
 

NEW FINDINGS, JUDGMENTS AND ANNOUNCEMENTS

MINISTER OF COMMUNICATIONS
•The Minister has announced the resignation of the Director-General, Mr Andile Ngcaba, whose contract expires in January 2004.

•The Minister will hold a briefing regarding the draft convergence bill on 3 December 2003 at the Intercontinental Sandton Sun and Towers from 1:30 to 4:00 pm. The draft bill will be published for public comment, which will be due 60 days after publication, or 2 February 2004.


ICASA
•ICASA had given notice that it will hold hearings into the SABC license renewal applications on the 4th-5th December 2003.

•ICASA has published its Position Paper on Regional Television Broadcasting Services.

THE REGISTRAR OF FINANCIAL SERVICES PROVIDERS
•The Registrar has exempted authorised financial services providers and representatives conducting short-term deposit business from certain provisions of the Fit and Proper Requirement and the General Code when rendering services relating to money market funds.

EVENTS
•The Free Software and Open Source Foundation for Africa, the African Virtual Open Initiatives and Resources project at the University of the Western Cape and the United Nations Economic Commission for Africa invite the public to an Open Source Conference to be held at the University of the Western Cape, Cape Town, on the 12th-16th January 2004.


FOREIGN / INTERNATIONAL NEWS
•UNCTAD launched its E-commerce and Development Report 2003, regarding e-commerce trends and issues of major policy and strategic concern in the ICT industries. Click for more information.


NEW PROCEEDINGS

ICASA

•ICASA has given notice of applications for renewal of community sound broadcasting licenses for Qwa-Qwa Radio, Setsoto FM Stereo, Mosupatsela FM Stereo, Radio Panorama, Radio Teemaneng, Radio Kaboesna, Moutse Community Radio, Kangala Community Radio, Radio Bushbuckridge, and Barberton Community Radio Station. Comments are due by 4 December 2003.

TENDERS
•The Department of Defence has requested tenders for a computer system as per SA Navy Specification No. SANCOM02/2003, due 12 January 2004.

•The Department of Health has requested tenders for the delivery and installation of digital terminals and new telephone points and the implementation of a call centre, due 18 November 2003.

•The Department of Communications has requested tenders for:
- a consultant to provide electronic communications and marketing. Due date 11 December 2003.

- a broadcasting equipment supply and installation company to supply, install and commission seven recently licensed community radio stations located in the Gauteng and Western Cape Provinces. Due date 11 December 2003.
- company to research, commission, supply and install a computer based news room system linked to satellite for community radio stations to access parliamentary and government information and to develop and share news programmes. Due date 11 December 2003.

•The State Information Technology Agency has requested tender for maintenance of general hardware for the Department of Correctional Services, due 19 December 2003.

PENDING PROCEEDINGS - REPRESENTATIONS DUE

ICASA
Applications for a commercial sound broadcasting license in respect of Capital Radio by 9 December 2003.

•Applications for Vans and PTN licenses by all existing licensees (deadline to be confirmed by Icasa).

DEPARTMENT OF EDUCATION
•The Department of Education has invited written submissions on an E-Education White Paper. The due date is 31 December 2003.

MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT
•The deadline for the submission of Promotion of Access to Information Act manuals by private bodies, has been extended to 31 August 2005.

TENDERS
•The Department of Defence has requested tenders for the acquisition of geospatial data for the rendering of visual and geospatial databases as required by the Gripen and Hawk Flight Simulators, due 4 December 2003.

•The State Information Technology Agency has requested tenders for:
- the supply, installation and maintenance of two in-line stichers to existing Xerox DP180 laser printers and one offline sticher. Due date 4 December 2003.

The Department of Education has requested tenders for the establishment and delivery of an electronic web-based classroom, which focuses on on-line content delivery of South African history learning support materials, due 5 December 2003.

GCIS has requested tenders for the maintenance, support and development of the GCIS Internet infrastructure and application, due 15 December 2003.

The Department of Communications has requested tenders for:
- a consultant to carry out a detailed baseline survey on the state of the programme supply market and the production sector. Due date 12 December 2003.

- consultants to analyse adspend placements within the advertising and marketing industry. Due date 12 December 2003.
- a consultant to develop two business plans on models for the Regional Language Television services. Due date 12 December 2003.
- a consultant to undertake a survey on the barriers to success for information technology SMMEs. Due date 12 December 2003.
- consultants to examine and recommend the best ways of improving and increasing the efficiency and cost effectiveness of television license fees collection. Due date 12 December 2003.
- a consultant to undertake an international review of the literature on incentive and support regimes for ICT incubators. Due date 12 December 2003.

The Department of Land Affairs has requested tenders for the appointment of a service provider to develop an Intranet E-learning Programme on Redistribution and Tenure Land Reform Programmes, due 15 December 2003.

PENDING PROCEEDINGS - OUTCOME AWAITED

PRESIDENT
Appointment of the non-executive members of the SABC Board.

PARLIAMENT

Telecommunications Amendment Bill, to define "public operator" in relation to interconnection and facilities leasing to include Telkom, the SNO, Sentech, cellular providers as well as national long distance telecommunications providers.

Films and Publications Amendment Bill, prohibiting child pornography on the Internet. The Bill may be downloaded from www.gov.za/gazette/bills/2003/b61-03.pdf.

Anti-Terrorism legislation.

MINISTER OF COMMUNICATIONS
•Directives for telecommunication services providers in terms of the Regulation of Interception of Communications and Provision of Communication-Related Information Act.

Approval of regulations regarding short-range radio devices.

Approval of regulations relating to an operator's entry, construction, maintenance, deviation or alteration of any telecommunication facilities and works upon any land.

Approval of regulations relating to the height of telecommunication wires and cables and telecommunication facilities, pipes, tunnels and tubes.

Approval of regulations on the manner of determining fees and charges for mobile cellular telecommunication services.

MINISTER OF COMMUNICATIONS/ICASA
GMPCS Licences.

USAL licenses.

•Finalisation of the SNO license.

ICASA
Decision on application for approval of the acquisition of all of the shares of NAIL by Tiso Consortium, which holds interests in K FM, Radio Jacaranda and Kaya FM.

Revised frequency band plan (SABRE 1) in the frequencies 20 MHz to 3 GHz.

The application from Yired broadcasting as Y FM to amend its license with regard to shareholding, programming requirements and human resources requirements.

SABC's application for a reduction of the South African Music Quota applicable to Lotus FM.

Supplementary interconnection guidelines in respect of provisioning charges and quality of service between PSTS operators.

Regulations on the implementation of carrier pre-selection.

Sentech's request regarding its community service obligations.

Terms and conditions for value-added network service licenses and private telecommunication service licenses.

Regulations regarding Local Television.

Terrestrial Broadcasting Frequency Plan. It is reported that this document was gazetted on the 28th November 2003.

Decision regarding the application by Cape Talk (Pty) Ltd for the renewal and amendment of its commercial sound broadcasting license.

Decision regarding the SABC's application for amendments of its license in respect of the closure of the SABC 2's transmitter at Kleinmond and the upgrading of power at the SABC's Johannesburg transmitter.

Decision on the applications received from Indonsakusa Community Radio, Maputaland Community Radio and Mokopane Community Radio for amendments to their community sound broadcasting license conditions.

Decision on applications for the renewal of the commercial sound broadcasting licenses of Y FM, and Classic FM.

Decision on application by the SABC for the amendment of its broadcasting license for Ikwekwezi FM.

Regulations relating to Volume 2 of the Chart of Accounts and Cost Allocation Manual ("COA/CAM") for mobile cellular telecommunications service operators.

Decision on the applications by P4 Radio Cape Town and Jacaranda FM for the renewal of their commercial sound broadcasting licenses.

Decision on applications for the renewal of four year community sound broadcasting licenses by Naledi Community Radio, Radio Rosestad, Overvaal Stereo, Radio Shimla (RSFM) and Radio Riverside Community Radio Station.

Amendments to cellular service provider's licenses.

Decision on Kaya FM (Pty) Ltd's application for renewal of its commercial sound broadcasting license.

Recommendations by the Special Advisory Committee for People with Disabilities to ICASA on how the communications sector should meet the needs of people with disabilities.

Decision on applications by Cape Community FM and Soweto Community Resource Centre for community sound broadcasting licenses.

SABC license amendments.

Enquiry relating to subscription television.

Decision regarding the right of a provider or user of a telecommunications service to utilise a telecommunications facility made available in terms of an international treaty.

Decision on the application for the renewal of public television broadcasting licenses by the SABC.

Audit on Telkom's roll-out and service target obligations.

Position Paper on the Review of Ownership and Control of Broadcasting Services and Existing Commercial Sound Broadcasting Licences.

Decision on whether to conduct a study on the need to share broadcasting frequency spectrum with telecommunication wireless local loop systems and link equipment, in the frequency band 790-854 MHz.

Regulations prescribing new telecommunication service license categories.

Regulations in respect of telecommunication services that may be applied for only pursuant to and in accordance with an invitation to apply issued by the Minister of Communications, namely local access telecommunication services.

New regulations for the resolution of telecommunications section 100 complaints.


UNIVERSAL SERVICE AGENCY
Policy in respect of the subsidisation of the under-serviced area licensees.


DIGITAL BROADCASTING ADVISORY BODY
Recommendations to the Minister of Communications on digital broadcasting. The Discussion Paper on Digital Broadcasting can be found at http://docweb.pwv.gov.za/.

SOUTH AFRICAN BROADCASTING CORPORATION

Decision on editorial policies.

SOUTH AFRICAN LAW REFORM COMMISSION
Privacy and Data Protection proposals. The Issue Paper may be downloaded here.

DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT

Ratification of the Council of Europe's Convention on Cyber crime (dealing computer-related fraud and forgery and infringement of copyright). An additional protocol regarding racist and xenophobic acts committed through computer systems has yet to be signed by South Africa.

   
 
New technologies make telecomms restrictions redundant?
New wireless networking and Voice over IP (VoIP) technologies are seriously challenging restrictive South African communications legislation, possibly calling whole sections of the Telecommunications Act and associated regulations into question, says spokesman for the Communications Users Association of South Africa, Ray Webber.
Telkom's puzzling pricing
Telkom's proposed average tariff increase of 2.7% for 2004 may initially look reasonable - but puzzling claims and possible omissions from the monopoly's proposed tariff adjustment could cost business and consumers millions next year, according to the Communications Users Association of South Africa (CUASA).

Cellular LCR – What it really means to users
The widely publicised recent legal victory by Cellular Least Cost Routing (LCR) suppliers means that companies can now officially use ”Premicell” type devices to carry their fixed to mobile calls.

New findings, judgements and announcements
New proceedings
Pending proceedings - submissions due
Pending Proceedings - outcome awaited

Disclaimer and copyright notice
Although every attempt is made to ensure that the information contained in newsletter is accurate, CUASA disclaims all liability for the accuracy and comprehensiveness of the information provided. It accepts no responsibility for any loss occasioned as a direct or indirect result of the use of or reliance on the information contained herein, which information in no way constitutes legal advice.

Some of the information provided in this newsletter is provided courtesy of Lisa Thornton Inc. The content of this newsletter is subject to copyright protection. Reproduction or distribution of the content, or any part of it, other than for educational purposes or personal use, is prohibited without prior written consent from CUASA and/or Lisa Thornton Inc.

Copyright © CUASA 2003. All rights reserved.


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