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ECA Amendment Bill, 2013 Department of Communications Presentation to the PPCC on proposed amendments 09 October 2013. Suggested amendments. Each amendment proposed during the course of the presentation is set out here - PowerPoint PPT Presentation

Text of Suggested amendments

  • Making South Africa a Global Leaderin Harnessing ICTs for Socio-economic Development

    ECA Amendment Bill, 2013

    Department of Communications

    Presentation to the PPCC on proposed amendments

    09 October 2013

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    Making South Africa a Global Leaderin Harnessing ICTs for Socio-economic Development

  • Making South Africa a Global Leaderin Harnessing ICTs for Socio-economic DevelopmentSuggested amendmentsEach amendment proposed during the course of the presentation is set out hereNot every amendment shown results from the submissions made but in the interests of simplicity, we have recorded each amendment proposed to each section, regardless of the originDrafting notes set out the precise manner in which the clause of the draft Bill will be amended. The drafting notes are provided separately*

    Making South Africa a Global Leaderin Harnessing ICTs for Socio-economic Development

  • Making South Africa a Global Leaderin Harnessing ICTs for Socio-economic DevelopmentSection 1Amendment of section 1 of Act 36 of 2005A new definition of BBBEE is required as for the ICASA Act, so a new clause is required to be inserted in the Amendment Bill as follows:(d) by the insertion after the definition of Broadcasting Act of the following definition: broad-based black economic empowerment has the meaning assigned to it in the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003);;

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    Making South Africa a Global Leaderin Harnessing ICTs for Socio-economic Development

  • Making South Africa a Global Leaderin Harnessing ICTs for Socio-economic DevelopmentSection 1Amendment of section 1 of Act 36 of 2005Section 1(c): broadbandLINK, ICASA, Fibreco, Vodacom, WAPA, SACF, Smile: include upload and/or download speeds (SACF suggests including minimum 2mbps to start, ICASA suggests that there should be an entirely new definition)Departments Response to the issueThe Department does not agree with this because including specifics means the law has to change every time the definition needs to change, although a minimum speed could be included which could be amended by the Minister from time to timeQuestion for the PCCWhat is your preference?

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    Making South Africa a Global Leaderin Harnessing ICTs for Socio-economic Development

  • Making South Africa a Global Leaderin Harnessing ICTs for Socio-economic DevelopmentSection 1Amendment of section 1 of Act 36 of 2005The definition of ICT Charter should be amended to improve on the existing definition:ICT Charter means the [Black Economic Empowerment Charter for the ICT sector] ICT Sector Charter, a sector code on broad-based black economic empowerment, issued in terms of the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003);

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    Making South Africa a Global Leaderin Harnessing ICTs for Socio-economic Development

  • Making South Africa a Global Leaderin Harnessing ICTs for Socio-economic DevelopmentSection 1Amendment of section 1 of Act 36 of 2005Section 1(k): licensee this must be amended to reflect that a licence for services is not the same as an authorisation to use spectrum:licensee means a person issued with a licence to provide services in terms of Chapter 3 or to use radio frequency spectrum in terms of Chapter 5 of this Act;

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    Making South Africa a Global Leaderin Harnessing ICTs for Socio-economic Development

  • Making South Africa a Global Leaderin Harnessing ICTs for Socio-economic DevelopmentSection 1Amendment of section 1 of Act 36 of 2005Section 1(o): radio frequency spectrum licence needs to be amended for the same reason:radio frequency spectrum licence means a licence authorising the holder to use the radio frequency spectrum in terms of Chapter 5 of this Act;;

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    Making South Africa a Global Leaderin Harnessing ICTs for Socio-economic Development

  • Making South Africa a Global Leaderin Harnessing ICTs for Socio-economic DevelopmentSection 3Amendment of section 3(1)(e) of Act 36 of 2005: Ministers right to make policy and issue policy directionsInclude as new the general power to make policy on spectrum fees in section 3(1) instead of in section 3(2) (for consistency)(e) guidelines for the determination by the Authority of licence fees and spectrum fees associated with the award of the licences contemplated in Chapter 3 and Chapter 5, including incentives that may apply to individual licences where the applicant makes binding commitments to construct electronic communications networks and provide electronic communications services in rural and under-serviced areas of the Republic;

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    Making South Africa a Global Leaderin Harnessing ICTs for Socio-economic Development

  • Making South Africa a Global Leaderin Harnessing ICTs for Socio-economic DevelopmentSection 3(2)(e)Section 3(1) and (2): Ministers right to make policy and issue policy directionsetv, MTN, ICASA, Telkom, Vodacom, SACF, Smile, Neotel, LINK: by and large the respondents all felt that 3(2)(d) could be joined with 3(1)(e) if necessary at all, and 3(2)(e) is not necessary/too broadDepartments Response to the issueThe Department considers this section to simply state that the Minister can make policy directions on any matter that his or her powers relate to under the ActQuestion for the PCCWould the PCC prefer to remove this in light of the opposition to it?

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    Making South Africa a Global Leaderin Harnessing ICTs for Socio-economic Development

  • Making South Africa a Global Leaderin Harnessing ICTs for Socio-economic DevelopmentSection 3 contAmendment of section 3(5) of the Act 36 of 2005Section 3(5)(b)(ii): Minister should consult for not less than 30 calendar days to be replaced by days which is defined as working days in the Act already:(ii) inviting interested persons to submit written submissions in relation to the policy or policy direction in the manner specified in such notice in not less than 30 [calendar] days from the date of the notice;

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    Making South Africa a Global Leaderin Harnessing ICTs for Socio-economic Development

  • Making South Africa a Global Leaderin Harnessing ICTs for Socio-economic DevelopmentSection 4Amendment of section 4(1)(d) of the Act 36 of 2005Section 4(1)(d): return the change to control in relation to spectrum, to use as it wasOn page 6, after line after line 7, omit paragraph (a).

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    Making South Africa a Global Leaderin Harnessing ICTs for Socio-economic Development

  • Making South Africa a Global Leaderin Harnessing ICTs for Socio-economic DevelopmentSection 4 contAmendment of section 4(5) of the Act 36 of 2005Section 4(5): regulations to be provided to the Minister within 30 calendar days remove calendar as days is defined as working days already(5) The Authority must, not less than 30 [calendar] days prior to making regulations, inform the Minister in writing of its intention and [the subject matter of the] provide the Minister with a copy of the proposed regulations..

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    Making South Africa a Global Leaderin Harnessing ICTs for Socio-economic Development

  • Making South Africa a Global Leaderin Harnessing ICTs for Socio-economic DevelopmentSection 8Amendment of section 8(3) and (4) of the Act 36 of 2005Section 8(3): returning impose to prescribe and also referring to Chapter 10, as previously. Also specifically providing that ICASA can impose terms in a licence regarding universal service/access(3) The Authority may prescribe additional terms and conditions that may be applied to any individual licence or class licence [taking into account] subject to the provisions of Chapter 10. (4) The Authority may by regulation make provision for the designation of licensees to whom universal service and universal access obligations are to be applicable and may prescribe additional terms and conditions in respect of the relevant universal service and universal access obligations on such designated licensees.; and

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    Making South Africa a Global Leaderin Harnessing ICTs for Socio-economic Development

  • Making South Africa a Global Leaderin Harnessing ICTs for Socio-economic DevelopmentSection 8Amendment of section 8(2)(o) of the Act 36 of 2005To enable ICASA to include a provision in licence terms to address the disabled(o) access for persons with disabilities.

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    Making South Africa a Global Leaderin Harnessing ICTs for Socio-economic Development

  • Making South Africa a Global Leaderin Harnessing ICTs for Socio-economic DevelopmentSection 8 contAmendment of section 8(3) and (4) of the Act 36 of 2005Section 8(3): returning impose to prescribe and also referring to Chapter 10, as previously. Also specifically providing that ICASA can impose terms in a licence regarding universal service/access(3) The Authority may prescribe additional terms and conditions that may be applied to any individual licence or class licence [taking into account] subject to the provisions of Chapter 10. (4) The Authority may by regulation make provision for the designation of licensees to whom universal service and universal access obligations are to be applicable and may prescribe additional terms and conditions in respect of the relevant universal service and universal access obligations on such designated licensees.; and

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    Making South Africa a Global Leaderin Harnessing ICTs for Socio-economic Development

  • Making South Africa a Global Leaderin Harnessing ICTs for Socio-economic DevelopmentSection 8 contAmendment of section 8(5) of the Act 36 of 2005ICASA should take account of Ministerial policy when determining licence conditions relating to universal service and access and should consult with USAASA(5) The Authority, in exercising its powers and performing itsfunctions in terms of this section, a