WEEKLY UPDATE

Prepared by Lisa Thornton Inc for clients and friends

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24 April 2008, Number 274

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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

ICASA

Icasa has given notice that two community radio stations will appear before the Complaints and Compliance Committee (CCC) for contravening their licence terms and conditions. The hearings will take place on 24 April 2008.
Icasa has extended the deadline for making submissions to the section 67 draft regulations to 14 May 2008.
The CCC has published its finding on the matter between the Monitoring and Complaints Unit of Icasa and the Islamic Unity Convention. This matter has been decided by the Constitutional Court in December 2007.

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 given notice of its intention to amend the draft regulations in respect of licence exemptions. The draft regulations will be discussed at a workshop to be held on 8 May 2008.
Icasa has given notice of its intention to reconsider the regulations setting out the minimum standards for subscriber and end-user service charters. Written representations are due on 16 May 2008.

ICANN

The Internet Corporation for Assigned Names and Numbers has opened a comment period on Public Interest Registry (PIR)'s proposed implementation of DNS Security Extensions (DNSSEC) in .ORG. Written representations are due on 24 May 2008.

TENDERS

The Department of Communications has invited service providers to tender for undertaking a study on the trends of digital local content and uptake rates in South Africa. The closing date is 2 May 2008.
Icasa has invited service providers to tender for conducting a feasibility study for the establishment of a call centre for the Independent Communications Authority of South Africa (Icasa) The closing date is 5 May 2008.
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.
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.

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 has given notice of its intention to prescribe regulations setting out the methodology to be used to determine the effectiveness of competition in a relevant market or market segment. Written representations are due on 14 May 2008.
Icasa has given notice of its intention to prescribe regulations for defining of the relevant markets. Written representations are due on 14 May 2008.
Icasa has given notice of its intention to prescribe regulations setting out the pro-competitive terms and conditions to be imposed by the Authority where there exists ineffective competition in a relevant market. Written representations are due by 14 May 2008.
Icasa has given notice of its intention to prescribe the methodology declaring licensees to be in possession of significant market power. Written representations are due by 14 May 2008.
Icasa has given notice of its intention to prescribe regulations for monitoring and investigating anti-competitive behaviour in a relevant market or market segment. Written representations are due by 14 May 2008.
Icasa has given notice of its intention to prescribe 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.
Icasa has given notice of its intention to reconsider the regulations setting out the minimum standards for subscriber and end-user service charters. Written representations are due on 16 May 2008.
Icasa has published draft regulations in respect of radio frequency spectrum licence exemptions. A workshop on the draft regulations will be held with the industry and interested parties on 8 May 2008.
Icasa has given notice of its intention to reconsider the regulations setting out the minimum standards for subscriber and end-user service charters. Written representations are due by 17 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 State Information Technology Agency (SITA) has invited service providers to tender for the maintenance and enhancement of computer systems for the Department of Education for a period of two years. The closing date is 7 May 2008.

PENDING PROCEEDINGS - OUTCOME AWAITED

PARLIAMENT

Films and Publications Amendment Bill
Interception Amendment Bill
Technology Innovation Agency Bill

DEPARTMENT OF COMMUNICATIONS

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]

Licence for the South African Post Office
Regulations in respect of technical standards for Power Line Communications
Regulations in respect of 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

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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