TRANSTEL

SUBMISSION ON THE NATIONAL PORTS AUTHORITY BILL [B5B 2003]


Transtel wishes to thank the Portfolio Committee on Transport for the opportunity to submit written comments on the proposed amendments on the above Bill.


Attached, please find a copy of our written submission.


Should you have any queries, please do not hesitate to contact our offices.


Yours faithfully,


P. NKHEREANYE

Manager: Government Relations & Regulatory Affairs

COMMENTS ON PROPOSED AMENDMENTS TO THE NATIONAL PORTS AUTHORITY BILL [B5B 2003]


Transtel Government Relations and Regulatory Affairs Department

25 October 2004


Introduction

Transtel, a division of Transnet Limited, wishes to express its sincere gratitude to the Portfolio Committee on Transport for the opportunity to make comments on the proposed amendments to the National Ports Authority Bill [B5B - 2003].


The comments set out in the submission below are preliminary comments on this important piece of legislation. Transtel would welcome the opportunity to make an oral representation to the committee.


Specific Comments


Functions of the Ports Regulator

Clause 30(3)(k) reads that: "The main functions of the Regulator are to

(k) review pricing or access arrangements in any port in the prescribed manner


Transtel query:

With respect to clause (30)(3)(k) is it the intention of this honourable committee that the pricing of telecommunications infrastructure that Transtel installed at the ports for provision of telecommunications services to support port operations, be reviewed by the Ports Regulator?


Transtel is of the opinion that this cannot be the case as the reviewing and determining of tariffs and pricing of telecommunication services is within the jurisdiction of the Independent Communications Authority of South Africa (ICASA).

Clause 45(2)(b) of the Telecommunications Act, 1996 (Act 103 of 1996 as amended) speaks to this fact.


Proposed amendment

Transtel therefore propose the following amendment to clause 30(3)(k):


The main functions of the Regulator are to

(k) review pricing or access arrangements in any port. for port services as defined in clause I of this Act. in the prescribed manner.


Conclusion

Transtel hopes that its concerns with regard to the proposed amendment will be addressed and accommodated. Transtel further extends its appreciation to the Committee for having consulted with all stakeholders in the drafting of this significant piece of legislation and looks forward to further working with the Committee on any related legislation.


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