Again, ICASA wishes to thank the Committee for this opportunity to make a further input to the Interception and Monitoring Bill. We, in addition want to apologise for any inconvenience we might have caused in the process.

We further wish to reiterate our commitment to any request for assistance to fight crime in this country. Lastly, we fully support the provisions of this Bill and the intentions of Government but just have to be clear that this process does not have the unintended consequence of stifling the growth of the telecommunications sector, thereby hampering economic growth in our country.

1. Interception and monitoring of the telecommunications systems are key functions of ICASA and have been previously executed so by ICASA’s predecessors, that is, the Department of Communications ("DOC") and the South African Telecommunication Regulatory Authority ("SATRA"). These functions are internationally established obligations through the International Telecommunications Union ("ITU") and therefore form an integral part of the control, planning, administration, management and licensing of the Radio Frequency Spectrum.
2. The act of interception and monitoring by ICASA is very different from the interception activities of other state agencies. ICASA engages in interception and monitoring events on a daily basis to ensure orderly management of the Radio Frequency Spectrum.
3. Whereas other lawful agencies of the state would be using interception and monitoring to obtain content transmitted across a telecommunication system, ICASA’s mandate in terms of the Telecommunications Act is to determine how efficiently and effectively information is transmitted across the network. In addition, ICASA has to verify that the elements of the telecommunication systems are lawfully licensed and that the transmission methods and equipment are in line with the prescribed standards.

1. Some of objectives of the Telecommunications Act include the following, which are particularly relevant to the discussions currently underway around the Bill. These are to ensure:

1. In terms of section 28 (1) of the Telecommunications Act, No 103 of 1996 as amended "The Authority shall be vested with control, planning, administration, management and licensing of the radio frequency spectrum." In order to achieve this, there is a requirement to monitor and intercept related Radio Frequency Communications. There are also additional requirements to adhere to ITU recommendations and regulations for member states/regulators to carry out space related radio frequency monitoring activities.
2. ICASA regulates and licenses both private and government telecommunications systems i.e., Department of Defence ("DoD"), South African Police Services ("SAPS"), National Intelligence Agency ("NIA"), Telkom, Cellular Operators, Private Repeater Systems, Community Repeater Systems, Alarm Systems, Maritime, Satellite, Amateurs.

1. Radio Frequency Spectrum Management is the combination of administrative, scientific and technical procedures necessary to ensure the efficient operation of radio communication equipment and services without causing harmful interference. Simply stated, spectrum management is the overall process of regulating and administering use of the radio frequency spectrum.
2. The goal of radio frequency spectrum management is to maximize spectrum efficiency and minimize interference in the rules and regulation based on relevant legislation from a regulatory and legal basis for the spectrum management process. Databases of information, including details of all authorised users of the spectrum, provide the administrative and technical basis for the process. Analysis of the information in these databases facilitates the spectrum management process resulting in decisions for spectrum allocations, frequency assignments and licensing. Frequency spectrum monitoring provides the inspection, verification and enforcement necessary to maintain the integrity of the spectrum management process.
3. The basic elements of Frequency spectrum management in support of a national authority as identified by the ITU:

1. ICASA has an established monitoring system countrywide, which is deployed in the major cities. The radio monitoring system is a combination of fixed manned, unmanned remote and mobile stations.
2. The monitoring stations equipment includes devices such as:

1. Radio Frequency Spectrum Monitoring

Radio Frequency Spectrum Monitoring is the physical process of determining what signals are present in the electromagnetic spectrum, and what characteristics of those signals are. Radio Frequency Spectrum monitoring is most frequently concerned with the external characteristics, and not the internal characteristics of the signal, i.e., not the physical makeup of a signal but rather its effect.

2. The purpose of radio frequency monitoring

Radio communications as a component of a telecommunications system resulted in an immediate need to regulate the use of the radio frequency spectrum, which constitutes a natural resource at the service of humankind. The development of the radio techniques used in telecommunications has permitted an expanded use of the radio frequency spectrum. On the other hand, human communication requirements have increased to such an extent that frequency spectrum utilization more that ever before, calls for extremely rigorous management.

3. Monitoring to aid Spectrum Management Policy:

Good spectrum management can only satisfactorily proceed if the planners are adequately informed on the current usage of the spectrum and the changing trends in demand. Whilst much data is collected from prospective users on licence application or renewal forms, it is seldom adequate for spectrum management purposes. These records will only indicate that the use of a frequency is authorised but may not give adequate information on whether the frequency is actually used. Therefore, a frequency band that appears crowded based on frequency assignment records may or may not in fact be crowded.

4. Monitoring Radio Frequency Spectrum Occupancy.

A key need in developing future policy is to know the level of utilization of the various assignment bands. The demand for Wireless communications by service providers and State agencies will continue to increase with concentrations in the major cities. Planning to make more radio frequency spectrum available for example migrating fixed services to higher frequencies, is a long-term process. Adequate warning of the need will avoid inabilities to issue new assignments or the quality of service deteriorating below acceptable levels.

5. Monitoring an aid to licensing new assignments.

The level of use by each licensee varies according to the specific applications and the time of day. Licensing data can be used to predict the levels of use with some degree of success depending on the sophistication of the prediction model and the accuracy of the data. As congestion increases, the model will become progressively less from the area of the proposed assignment will be invaluable in identifying a frequency most suited to the prospective licensees’ purpose which will in all probability involve sharing with existing users.

6. Monitoring an aid to develop better analytical methods:

Monitoring data is expensive to collect and despite it being a most valuable tool, it is impractical to utilize it for all assignments. Modelling based on licensing data quite adequately serve areas of the country where there is little use of the radio spectrum. Monitoring data collected in the busier areas can be compared to the levels predicted by analytical methods and the results used to identify suspect licensing data and refine the method so that it best fits the total picture. This means that applicability of the method can be enhanced and the monitoring better targeted to those areas most in need of assistance.

7. Monitoring an aid to deal with complaints and queries:

As congestion grows, the users will become less satisfied with the service available. By being able, to monitor in areas attracting disproportionately large numbers of complaints, the true nature of the problem can be ascertained and the best remedial action devised. It will also be possible to substantiate or refute the complainants allegation regarding the quality of services perceives.

8. Monitoring an aid to categorising long-term interference and anomalous propagation effects:

The radio frequency bands are not immune to the effects of anomalous propagation. High atmospheric pressure areas over the waters separating two countries give rise to ducting. Areas of unusually high ionization in the ionosphere are also prone to causing anomalous propagation effects. The result is interference from distant services normally considered too distant to warrant great efforts in the co-ordination.

The effects are usually short lived and whilst statistical data on them is available, it is only by monitoring that the implications on particular services can be judged. It may well be that only a few distant transmitters affect few services. The appropriate cure will be case specific and good monitoring data will greatly aid identifying the causes of the problem.

9. Monitoring an aid to sharing:

The demand on the spectrum is now such that services are expected to share. Some service types are clearly incompatible but often the matter is borderline and trails will have to be mounted to determine the true degree of compatibility. Monitoring the conduct of the trail will give information such as relative signal levels to aid analysis of the system users perceptions.

10. The main tasks of ICASA’s monitoring stations

0. Ensure compliance with the regulatory provisions governing radiocommunications. For this purpose they monitor the radio frequency spectrum, intervene with national or foreign stations contravening these provisions, take part in monitoring work at the request of the International Frequency Registration Board ("IFRB") within the framework of the Radio Regulations, carry out investigations with a view to eliminating transmission faults and act in response to requests made by national or foreign users.
1. Study the occupancy of radio frequency spectrum with a view to:

1. Monitoring certain emissions.
2. In carrying out these activities, monitoring stations perform the tasks set out in the following list, which is not exclusive:

1. Radio frequency monitoring accomplishes these tasks outlined above by supplying real time measured information that can be used to determine compliance with technical and operational standards set by the spectrum management process. Equally, the efficiency of the frequency assignment process can be verified by monitoring the patterns and intensities of usage of the various bands or proportions of spectrum. Once again, it must be stressed that these are the tasks, which well experienced and well-established station should be able to perform.

1. Notwithstanding our national obligations, the same that exist against the radio public, exist against the border countries. This requires close and centrally controlled co-ordinations between countries and country monitoring entities. This co-ordination is best being captured in some or other treaty.
2. In the case of High Frequency ("HF") monitoring, there are various ITU recommendations that are proposed for daily effective international co-operation in the HF band. In Africa, the countries look at the RSA for guidance in respect of monitoring. The RSA should be in a position to advise clearly on the dimension of a cost effective and scaled monitoring system. The RSA must be able to recommend to them, which equipment is most suitable and which processes are productive.
3. We have further international obligations in terms of Search and Rescue ("SAR") of which require South Africa to intercept and monitor distress calls. The availability of clear radio frequency bands used by the various SAR organizations rest squarely on the shoulders of the ICASA. The proper controlling of the radio frequency spectrum can make the difference between success and failure of a search and rescue mission.
4. Radio waves propagate in space has no regards for political boundaries, which generates spillover of communications networks in neighbouring countries resulting into revenue losses for those countries. Therefore, South Africa must like other ITU member states co-ordinate cross border communications with its Region (SADC).

1. The Bill defines communications as both direct and indirect communications.
2. Indirect communications includes transfer of information by means of a Telecommunication system as defined by the Telecommunications Act.
3. The Telecommunications Act definition "telecommunications system" means any system or series of telecommunications facilities or radio, optical or other electromagnetic apparatus or any similar technical system used for the purpose of telecommunication, whether or not such telecommunication is subject to rearrangement, composition or other processes by any means in the course of their transmission or emission or reception.
4. Intercept includes monitoring of such communication by means of a monitoring device.
5. The Bill further makes provision for an exception for the purposes of installation or maintenance of equipment and facilities. The same industry ICASA is regulating.

1. Monitoring as contemplated in the Bill include the type of monitoring ICASA embarks on a daily basis.
2. The frequency with which these Interception and monitoring activities are performed makes it impractical for ICASA to seek an entry warrant on each occasion if ICASA is to administer and manage the spectrum efficiently and effectively.
3. The Telecommunications Act mandates ICASA to promote universal and affordable telecommunications services by encouraging investment and innovation in the Telecommunications industry. This can only be achieved when investors have confidence the regulators ability to management and monitor the radio frequency spectrum.
4. ICASA must ensure that law enforcement agencies such as the Police, Intelligence, Defence force, Traffic have equitable access to interference free radio frequency spectrum by properly establish radio frequency management and monitoring techniques.
5. In order to protect the licensed rights of Telecommunication service provides and others, ICASA does interception of telecommunications systems on a daily basis for the purposes of good frequency spectrum management. ICASA has an obligation to provide telecommunications licensees with interference free radio frequency spectrum who in turn have obligations to provide customers with flawless communications systems.
6. ICASA also has to ensure that systems in South Africa is compatible and in accordance with prescribed standards to avoid that we become the dumping ground of redundant technologies.
7. Radio frequency spectrum is a scarce natural resource, which must be protected for and by the public of South Africa. The radio frequency spectrum is depleted when use but wasted when not used.

1. Considering this input and to further promote stability in the Telecommunications market, ICASA seek to be included under the exceptions to prohibition Part 2 of the Bill. An exception similar to that of the industry ICASA has to regulate therefore does not require powers in terms of this Bill.
2. Our submission on 12 August 2002 could be used as a basis for the proposed amendments.