Newly appointed Communications Users Association of South Africa (CUASA) chairman, Edwin Thompson, says the organisation will continue to lobby for legislative and regulatory pressure in order to bring about effective competition in the South African telecommunications and associated ICT sectors.

"As chairman of CUASA, Mike van den Bergh has done a fantastic job in terms of launching the organisation, setting up the necessary infrastructure and tirelessly representing our members on a wide variety of issues," says Thompson. "It is largely due to his leadership that CUASA has been able to challenge the significant authority and power of monopolistic and quasi-monopolistic telecommunications service providers over the past five years. Following Mike's example, I will ensure that CUASA continues to lobby government and the regulator in order to see a more free and fair telecommunications and ICT market for the good of our members, South African communications users in general and the country's economy in particular."

Mike van den Bergh did not make himself available for re-election as chairman due to the increased demands on his time due to his expanded role at group level within the wider Gateway Communications group, and also because of his concern that Gateway's growing activities as a service provider and carrier would be perceived as in conflict with his role as chairman of CUASA.

"Over the past few years CUASA has grown from strength to strength and has proved the organisation can make an important and constructive impact in the industry," says Van den Bergh. "The South African telecommunications industry and associated regulation and legislation still has a long way to go before we will see cost-effective communications on a par with international trends. That said, I believe that CUASA is starting to reach its fighting weight in terms of effectively representing communications users to Parliament, ICASA and the media. Providing a voice for communications users is critically important - CUASA has certainly taken pole position in fulfilling this key role, and this continues to be recognised by key stakeholders and industry players alike," he says.

Edwin Thompson has been a CUASA Executive Member since the organisation's formation five years ago, has been involved in the telecommunications industry since the beginning of 1982 and is also a senior executive at UUNET SA.

"Thompson's extensive experience within the telecommunications sector, coupled with his commitment to driving change and adaptability throughout South Africa's ICT sector, are qualities that CUASA can look forward to," says CUASA spokesman, Ray Webber. "We are confident in Thompson's leadership abilities and look forward to his chairmanship."

"CUASA is an important organisation in South Africa's current telecommunications environment and I am grateful for this opportunity to sit at its helm and lead the local community into more affordable, available and adaptable communication possibilities," says Thompson.

Following CUASA's formal complaint to ICASA on 3 May 2005 regarding aspects of mobile call charges in South Africa, ICASA on 28 July 2005 issued a notice in terms of Section 27 of the Telecommunications Act inviting representations with regard to a Review of Mobile Prices. (Copy of review document is available online)

Representations had to be submitted by 9 September 2005. (Copy of CUASA's submission is available online)

• Provide for the change of name of the Independent Communications Authority of South Africa to the Electronic Communications Authority of South Africa;
  
• Provide for the substitution of the Authority for the Postal Regulator established by the Postal Services Act;
  
• Ensure certainty within the communications and postal sectors by providing for the functions of the Authority and the chairperson of the Council;
  
• Consolidate certain powers and duties of the Authority contained in the Independent Broadcasting Authority Act, 1993 (Act No. 153 of 1993) and the Telecommunications Act, 1995 (Act No. 103 of 1996), now being repealed by an Act of Parliament dealing with convergence in the broadcasting, broadcasting signal distribution and telecommunications sectors;
  
• Provide for a new, faster and more focused procedure for the appointment of the chairperson and other councilors of the Authority;
  
• Provide for the establishment of a Complaints and Compliance Committee and the appointment of inspectors; and
  
• Empower the Authority to conduct inquiries for the purpose of improving the performance of its functions.

Copies of the Bill are available on the web site of the Department of Communications, at http://www.doc.gov.za/.

CUASA was surprised that the Bill was published on 20 September 2005 with no official request for comments. However, we heard "via the grapevine" that there would be an advert in the press on 2 October, calling for submissions by 10 October. CUASA did submit input, a copy of which will be made available in the next newsletter.

NEW FINDINGS, JUDGEMENTS AND ANNOUNCEMENTS

PARLIAMENT
The Portfolio Committee on Communications has issued a report concerning the Convergence Bill, indicating that it will not be considered by the full House until after deliberations on the yet to be introduced Icasa Amendment Bill.

DEPARTMENT OF COMMUNICATIONS
The Department has published an explanatory summary of the Icasa Amendment Bill. The Bill is available on its website at http://www.doc.gov.za/. The Bill, among other things, includes postal regulation in the portfolio of Icasa, changes the manner in which councilors are appointed giving taking appointment powers from the President and assigning them to the Minister of Communications, and the establishment and procedures for a Complaints and Compliance Committee.

ICASA

• Icasa held a media breakfast wherein it presented its views on public broadcasting, licensing of community radio in nodal areas and the review of community broadcasting on 20 September 2005.
  
• Icasa has allocated the NDC 087 numbers to value added network services providers and is accepting applications in terms of the guidelines and application procedure set out in the June 2004 numbering plan.
  
• Icasa has issued test licenses for Wimax technology to Vodacom, MTN, Internet Solutions, and Telkom.

NEW PROCEEDINGS

PARLIAMENT
Parliament has called for nominations for the Board of the Media Development and Diversity Agency, due 3 October 2005.

ICASA

• Icasa has received an application from Africa-on-Air broadcasting as Highveld Stereo for the amendment to its licence. Comment is due 3 October 2005.
  
• Icasa has published a Discussion Paper on the Review of Community Sound Policy. Comment is due 31 October 2005.
  
• Icasa has received an application from Kaya FM for the amendment of its licence. Comment is due 11 October 2005.
  

TENDERS

• The Department of Public Transport, Roads and Works has requested tenders for the maintenance of a two-way radio system. Tenders due 30 September 2005.
  
• The State Information Technology Agency has requested tenders for the installation of boardroom audio visual equipment. Tenders are due 14 October 2005.
  

PENDING PROCEEDINGS - REPRESENTATIONS DUE

DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT
The Minister has exempted certain private bodies from compliance with the Promotion of Access to Information Act requirement to compile an information manual until 31 December 2011, and certain other private bodies, namely public companies and large private companies, until 31 December 2005.

ICASA

• Icasa has issued notice that it has received an application by Cape Talk for the amendment of its broadcasting licence in respect of ownership structure. Comments are due 30 September 2005.
  
• Icasa has issued notice that it has received an application for a community radio licence from Westbury Community Development Centre Trust. Comments due 12 October 2005.
  
• Icasa has issued an invitation to prospective suppliers to apply for registration to be on the Independent Communication Authority of South Africa's Suppliers database. Due date 11 October 2005.
  
• Icasa has received an application for renewal a community sound broadcasting licence from Radio KC. Comment is due 3 October 2005.
  
• Icasa has invited applications for commercial sound broadcasting licences in secondary markets in Limpopo Province, Mpumalanga Province, Northern Cape Province and North West Province. Due date 30 September 2005.
  
• Icasa has called for applications for community sound broadcasting licenses in Western Cape: Central Karoo; Eastern Cape: OR Tambo, Chris Hani, Alfred Nzo, Ukwahlamba and Amotole; Northern Cape/North West: Kgalakgadi (x2); Kwa-Zulu Natal: Umzinyathi, Zululand; and Limpopo/Mpumalanga: Sekhukhune (x3) (applications are due 30 October 2005).
  
• Icasa has invited persons to apply for low power sound broadcasting licences on the application form published by Icasa. No specific deadline has been set.
  

.ZA DOMAIN NAME AUTHORITY
The .za Domain Name Authority has released a discussion document to solicit input into the structure of the .za domain and into a process of examining the use of the .za domain, including access, education and outreach. No due date for input has been set.

TENDERS

• Sita has requested tenders for the supply of hardware maintenance and support services on WAN and LAN devices and computer and related peripheral equipment to Sita. Due date 17 October 2005.
  
• The Council of Geoscience has requested tenders for Oracle database development, maintenance, administration, application development and user support services.
  
• GCIS has requested tenders for quantitative tracking research to assess the communication environment and the communication/information needs of the South African public. Due date 17 October 2005.
  
• The State Information Technology Agency has requested tenders for open source distribution and related software for PC for a period of three years. Due date 7 October 2005.
  
• The Office of the Premier of the Gauteng Provincial Government has requested tenders for the supply of a Least Cost Routing solution. Due date 30 September 2005.
  
• The State Information Technology Agency has requested tenders for the supply, installation, commissioning and maintenance of servers to SITA and government departments for the period ending 31 October 2007, due 30 September 2005.
  

PENDING PROCEEDINGS - OUTCOME AWAITED

PARLIAMENT
Convergence Bill.
Icasa Amendment Bill.

MINISTER OF COMMUNICATIONS

• Regulations regarding alternative dispute resolution in terms of the ECT Act.
  
• Approval of the ICT Charter regarding BEE. A copy of the charter can be found at www.ictcharter.org.za.
  
• Directives for telecommunication services providers (Vans; PTNs, wireless data operators and mobile radio trunking operators; others) in terms of the Regulation of Interception of Communications and Provision of Communication-Related Information Act.
  
• Cryptography regulations in terms of the Regulation of Interception of Communications and Provision of Communication-Related Information Act.
  
• Guidelines for Recognition of Industry Representative Bodies in terms of Chapter XI of the Electronic Communications and Transactions 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

• Underserviced area licenses (second round).
  
• SNO license.
  
• GMPCS licenses.
  

ICASA

• Findings in section 27 enquiry reviewing mobile cellular telecommunication services prices.
  
• Amendment to the Low Power Sound Broadcasting Regulations, 2003 in respect of BEE.
  
• Decision regarding Icasa's notice of intention to include any licensee with market share of at least 35% of a market, in the category of major operator in terms of the supplementary interconnection guidelines.
  
• Findings in section 27 enquiry into how handset subsidies should be regulated.
  
• Codes of conduct for the broadcasting and telecommunications industries regarding service for people with disabilities.
  
• New interconnection and facilities leasing guidelines (regulations).
  
• Discussion Paper on Self Help Stations.
  
• Terrestrial Broadcast Frequency Plan, 2004.
  
• Functional specifications for mobile number portability.
  
• Licensing framework for public payphone services.
  
• Radio regulations regarding new standards for telecommunications equipment.
  
• Regulations / lists of standards that telecommunications equipment will have to abide by.
  
• Regulations for the implementation of number portability.
  
• Regulations: telecommunications numbering plan.
  
• Regulations with regard to telecommunications equipment approval.
  
• Regulations with respect of personal locator beacons.
  
• Regulations in respect of standards for analogue terminal line equipment.
  
• Regulations regarding amateur radio.
  
• TV content regulations - regarding measurement periods and to implement certain aspects of Icasa's position paper on Regional TV, inter alia.
  
• Amendment of the music content regulations.
  
• Regulations for the resolution of complaints in terms of section 100 of the Telecommunications Act.
  
• Decision in respect of section 27 inquiry regarding the transition to LRIC pricing for interconnection.
  
• Supplementary interconnection guidelines in respect of provisioning charges and quality of service between PSTS operators.
  
• Regulations regarding Local 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.
  
• Audit on Telkom's roll-out and service target obligations.
  
• 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.
  
• 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.

SOUTH AFRICAN LAW REFORM COMMISSION
Privacy and Data Protection proposals. The Issue Paper may be downloaded from http://wwwserver.law.wits.ac.za/salc/issue/issue.html.


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.

Copyright © CUASA 2005. All rights reserved.