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

 

 

19 June 2008, Number 281

 

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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
PARLIAMENT
  • The Intellectual Property Rights from Publicly Financed Research and Development Bill was introduced to the National Assembly on 13 June 2008. The purpose of the Bill is to enhance the use of intellectual property derived from public funds and to establish the National Intellectual Property Management Office and the Intellectual Property Fund, amongst others.

 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
TENDERS
  • The Department of Transport has invited service providers to tender for the performance of Information Technology Audit Services.  The closing date is 27 June 2008.
  • The State Information Technology Agency (SITA) has invited service providers to tender for the establishment and implementation of an Integrated Geospatial Database, together with a web-based Geospatial Viewer for the Department of Defense. The closing date is 14 July 2008.
  • SITA has invited service providers to tender for the procurement of ESRI Software Product Assurance and Maintenance for the Department of Agriculture.  The closing date is 15 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
  • ICASA published a position paper and draft regulations on must-carry obligations.  Written representations are invited on the draft regulations only.  The closing date is 4 July 2008.
  • 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.
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
  • SITA has invited tenders for the supply and implementation of the Next Generation e-Government platform and related services. The closing date is 20 June 2008.
  • SITA has invited tenders for a bespoke Provincial Monitoring and Evaluation System for the Limpopo Province.  The closing date is 23 June 2008.
  • SITA has invited tenders for the Analysis and Amalgamation of ICT Systems used within the Limpopo Provincial Government.  The closing date is 23 June 2008.
  • Department of Arts and Culture has invited tenders for drafting a National Policy on Digitisation. The closing date is 24 June 2008.
  • ICASA has invited service providers to render bulk mailing services to ICASA Head Office.  The closing date is 26 June 2008.
    ICANN
    • Paper on the reform of ICANN meetings.  ICANN welcomes comments that relate to the operation of meetings.
    • Enabled an online survey on how the online community employs multiple languages.  ICANN wants to enhance multilingual access to the work of the organisation. The survey will remain open until 20 June 2008.
    PENDING PROCEEDINGS - OUTCOME AWAITED
    PARLIAMENT
    • Consumer Protection Bill
    • 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
    • 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]
     
    • Regulations and the implementation of Local Loop Unbundling
    • Minimum standards for subscriber and end-user service charters
    • Schedule for periodic reviews of relevant markets or market segments
    • Regulations for monitoring and investigating anti-competitive behaviour
    • Regulations detailing the schedule for periodic review of markets
    • Methodology for SMP determinations
    • Pro-competitive terms and conditions
    • Methodology to determine effectiveness of competition
    • 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
    • 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
    • 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
    • Memorandum and Articles of Association
    • .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
    • Recent legal challenges to the Minister of Communications and ICASA under the EC Act, May 2008
    • 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)
    DISCLAIMER 

     

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