WEEKLY UPDATE

 

Prepared by Lisa Thornton Inc for clients and friends

 
If you would like to subscribe to this Weekly Update, please send a request to info@thornton.co.za

 

 

15 May 2008, Number 276

 

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INDEX 
  • New Findings, Judgments and Announcements
  • New proceedings
  • Pending Proceedings - Representations Due
  • Pending Proceedings - Outcome Awaited
  • Lisa Thornton Inc Publications
NEW FINDINGS, JUDGMENTS AND ANNOUNCEMENTS
 

 If you would like to purchase Telecommunications Law in South Africa, edited by Lisa Thornton, et al, please contact angela@ste.co.za.

The book is available online at www.idrc.org.sg/en/ev-104793-201-1-DO_TOPIC.html and

http://link.wits.ac.za/papers/tele-law.html.

 

 NEW PROCEEDINGS
ICASA
  • Icasa has invited comments in respect of the interpretation and application of the definition of Under Serviced Areas (USA) as defined in Cell C licence.  Written representations are due by 30 July 2008.

PROTECT YOUR DATA

 

COMMUNICATIONS SYSTEMS USE POLICY (FOR EMPLOYEES AND CONSULTANTS)

 

Lisa Thornton Inc has prepared an employee use policy for an employers' communications systems (phones, computers and the Internet including email) in line with the Electronic Communications and Transactions Act and the Interception of Communications and Provision of Communication-Related Information Act.  If you are interested in acquiring the policy, please email a request for more information to info@thornton.co.za.

 

WEBSITE USE POLICY (FOR WEBSITE USERS/VISITORS)

 

Lisa Thornton Inc has prepared a website use policy.  The policy allows website owners to indicate who may use the website and under what conditions.  The policy also contains information required by legislation such as the Electronic Communications and Transactions Acct, 2002. If you would like to acquire the policy, please send a request for more information to info@thornton.co.za.

 

PENDING PROCEEDINGS - REPRESENTATIONS DUE
ICASA
  • Regulations detailing the schedule within which the Authority will undertake periodic review of relevant markets or market segments.  Written representations are due by 16 May 2008.
  • Regulations setting out the minimum standards for subscriber and end-user service charters. Written representations are due on 16 May 2008.
ICANN
  • ICANN proposes to prohibit any generic Top Level Domain (gTLD) operator from offering a refund for any domain name deleted during an "add grace period" that exceeds 10% of its net new registrations during that month, or fifty domain names, whichever is greater.  The motion is aimed at curbing Domain Tasting.  The closing date for comment is 21 May 2008.
    DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT
    • Most private bodies must comply with the Promotion of Access to Information Act requirement to compile an information manual by 31 December 2011.
    TENDERS
    • The Department of Transport has invited service providers to tender for the installation and maintenance of a new PABX Switchboard System. The closing date is 19 May 2008.
    • Icasa has invited service providers to tender for the supply of a rightFax and Teleform Software Update Subscription with a three (3) year warranty, support and maintenance. The closing date is 22 May 2008.
    • The State Information Technology Agency has invited service providers to tender for the provision of ICT Goods to the South African Police Service for the establishment, maintenance, support and continuous improvement of an automated Property Control and Exhibit Management (PCEM) solution within the SAPS domain for a period of 3 years with an option to renew. The closing date is 23 May 2008.
    • Icasa has invited service providers to tender for assisting Icasa with the design and placement of advertisements and notices in the media for a period of two years. The closing date is 2 June 2008.
    PENDING PROCEEDINGS - OUTCOME AWAITED
    PARLIAMENT
    • South Africa National Space Agency Bill
    • Films and Publications Amendment Bill
    • Interception Amendment Bill
    • Technology Innovation Agency Bill
    DEPARTMENT OF COMMUNICATIONS
    • Study on the Trends of Digital Local Content and Uptake Rates in South Africa 
    • International Peer Benchmarking Study on the cost to communicate in South Africa
    • Digital Dzonga Advisory Council
    • Guidelines for the rapid deployment of Electronic Communications Facilities
    • Broadcasting Digital Migration Strategy and Implementation Plan
    • ICT Charter regarding BEE
    DEPARTMENT OF COMMUNICATIONS/ICASA
    • Underserviced area licences (second and third rounds)
    • GMPCS licences
    ICASA
     
    [Pending decisions about individual licenses and individual complaints have not been included in this list]
     
    • Competition Regulations including effectiveness of competition, pro-competitive terms and conditions and determinations of significant market power
    • Technical standards for Power Line Communications
    • Technical standards for Electronic Communications Equipment
    • Interconnection Regulations
    • Facilities Leasing Regulations
    • Essential Facilities Regulations
    • Market Definition Regulations
    • 112 Emergency Centre Regulations
    • Regulations regarding Annual Contributions to the Universal Service and Access Fund
    • Must-carry obligations of Subscription Broadcasting Licensees
    • Regulations exempting certain Service and Spectrum Licensing
    • Findings in the end-to-end leased line market definitions enquiry
    • Regulations for the licensing framework under chapter 3 of the EC Act
    • Conversion of licenses in terms of chapter 10 of the EC Act
    • Regulations setting out procedures for awaiting radio frequency spectrum licences in the Wimax (2.6GHz and 3.5GHz) bands
    • Spectrum allocations in respect of RFID technologies
    • Regulations in respect of mobile handset subsidization
    • Regulations with regard to functional specification for geographic number portability
    • Findings in section 27 enquiry into a satellite licensing framework
    • Findings in section 27 enquiry into the use of the frequency spectrum band 5725 - 5975 MHz for broadband fixed wireless access
    • Regulations in respect of the ordering system specifications for mobile number portability
    • Findings in respect of the Discussion Paper on the Review of Community Sound Policy
    • Radio regulations regarding new standards for telecommunications equipment
    • Regulations with regard to telecommunications equipment approval
    • Regulations in respect of standards for analogue terminal equipment
    • Regulations regarding amateur radio
    • Regulations regarding local television
    • Decision on whether to conduct a study on the need to share broadcasting frequency spectrum with telecommunications wireless local loop systems and link equipment, in the frequency band 790 - 854MHz

    SOUTH AFRICAN LAW REFORM COMMISSION

    • Report on Privacy and Data Protection Bill
    DEPARTMENT OF SCIENCE AND TECHNOLOGY
    • National Space Science and Technology Strategy
    • National Space Agency Bill
    • Intellectual Property Rights from Publicly Financed Research Bill
    • Astronomy Geographic Advantage Bill
    DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT
    • Regulation of Interception of Communications and Provision of Communication-related Information Amendment Bill
    • Constitutional Amendment Bill
    • Ratification of Council of Europe's Convention on Cyber crime (dealing with 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.
    DEPARTMENT OF TRADE AND INDUSTRY
    • Consumer Protection Bill
    .za DOMAIN NAME AUTHORITY
    • .za Domain Policy and Procedure
     LISA THORNTON INC PUBLICATIONS

    If you would like a copy of any one of the following documents prepared by Lisa Thornton et al,

    please send a request to info@thornton.co.za.

     

    Series of articles published in World Communications Regulation Report by BNA International
    • Update on the Licence Conversion Process in terms of the South African Electronic Communications Act, April 2008
    • A new South African Broadband Infrastructure Company, February 2008.
    • Regulation of Submarine Communications Networks in South Africa, November 2007.
    • Interception of Electronic Communications in South Africa, October 2007.
    • The Minister's Policy and Policy Directions made in terms of the Electronic Communications Act, September 2007.
    • How the Communications Regulator in South Africa exercises its Powers and Functions, July 2007.
    • The Making of Subordinate Legislation under the South Africa's Electronic Communications Act, May 2007.
    • Rights of Way in the South African Electronic Communications Act, April 2007.
    • Competition Matters under the South African Electronic Communications Act, March 2007.
    • Universal Service under the South African Electronic Communications Act, February 2007.
    • The Regulation of Broadcasting Services in South Africa under the Electronic Communications Act, December 2006.
    • The Regulation of Interconnection and Facilities Leasing in South Africa under the Electronic Communications Act, November 2006.
    • South Africa's communications legislation - the Powers of the Minister and of the Independent Regulator, October 2006.
    • South Africa's new communications legislation - The Electronic Communications Act, 2005, September 2006.
    Other Papers
    • Social Networking Sites - A Regulatory Response for South Africa, presented by Carmen Cupido to the 2nd Annual CyberLaw Conference, September 2007
    • Are employers allowed to monitor and intercept e-mail of its employees?, by Lisa Thornton, published by Without Prejudice, August 2007.
    • Protecting Minors from Harmful Content via Mobile Phones, prepared for Lawyers for Human Rights, August 2007.
    • Disputes over .za Domain names: South African Alternative Dispute Resolution Regulations, by Lisa Thornton and Kerron Edmunson, published by BNA International in Dispute Resolution: ADR, Domain Name Disputes & Litigation Update, April 2007.
    • Universal Service Agency report on the sustainability of USALs, produced by Lisa Thornton Inc, et al, 2006
    • The Regulations of Digital Communities under the Electronic Communications Act, published in Digital Communities Handbook 2006 in 2006, by Lisa Thornton.
    • Mobile Number Portability - Lessons from Abroad, presented at mobile Number Portability in Africa, November 2005, by Lisa Thornton.
    • A Guide to Achieving Email Compliance - a South African perspective, prepared for AmVia, by Lisa Thornton Inc.
    • Privacy and the Law: How New Legislation Affects Privacy in South Africa, Personal Privacy Update, May 2004 (Bureau of National Affairs), by Lisa Thornton and Kerron Edmunson; also published in eLaw & Management, November 2004 (Legalbrief)
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