Convergence Bill 2005
What is convergence in ICT
- Ability to transmit or receive text, audio images ,video, data or any other signal previously transmitted on separate and distinct networks , in a single network electronic transport medium
Current approach to licensing
- Licences are service-specific as well as technology specific
- PSTS - Free to air TV
- VANS - Free to air radio
- Mobile - Signal distribution
Main objective
- The convergence Bill recognises the Republic ‘s national objective of universal service and access
- Convergence of electronic communications:
- Telecommunications
- Broadcasting
- Internet and data communication
Background
- Industry colloquium in July 2003, and participation of industry in drafting the Bill
- The Bill was approved by Cabinet for publication on 3rd December, 2003 to be published for public comment
- 65 public comments were received and considered by the Department
- Inter-Departmental Committee was established to finalised integration of comments
- Final approval by Cabinet February 2005
Why Convergence Bill
- Convergence will enable provision of conventional services
- Wide range of services
- New economies of scale and scope in the industry and in the country
- Greater access and choice of services and products
- Communications costs reduction for business and citizens
- Rationalization of multiplicity of Acts
Outline of the Bill
- The Bill consists of 14 chapters
- Chapter 1 : Introductory provisions
- Chapter 2 : Policy and regulations
- Chapter 3 : Licensing framework
- Chapter 4 : Communications networks and Communications facilities
- Chapter 5 : Frequency spectrum
- Chapter 6 : Technical equipment and standards
- Chapter 7: Interconnections
- Chapter 8 : Communications facilities leasing
- Chapter 9 : Broadcasting services
- Chapter 10 : Consumer issues
- Chapter 11 : General
- Chapter 12 : Universal service agency
- Chapter 13 : Transitional provisions
Chapter 1
Introductory Provisions
- Provides for definitions
- Objects of the Act
The primary objective of the Bill is the promotion of convergence in the sector , encouragement of innovation and promotion of competition . It is informed by the objects of other-related Acts
Chapter 2
Policy and regulations
- Provides clarity between the role of the Minister on policy making and ICASA’s expanded role on regulations making.
Chapter 3
Types of licences
- Network service
- Frequency spectrum licences
- Broadcasting licences
- Communications services
- Other services to be prescribed by ICASA
Chapter 4
- Communications Networks and Facilities
- The roll out of Facilities
- Provision of fast deployment of facilities( The chapter has been transferred from Telecommunications Act with minor amendments)
Chapter 5
- Provides for the Control of spectrum
- Provides for clarity on the role of The Minister and the role if ICASA in allocating spectrum
- To be licensed as individual licences
- Minister’s role only on spectrum plan and spectrum allocation to security agencies.
The chapter has been transferred from Telecommunication Act with minor amendments)
Chapter 6
- Technical equipments and standards
- The chapter has been transferred from Telecommunications Act with minor amendments
- ICASA to type approve equipment
- Prescribe technical standards
Chapter 7 &Chapter 8
- Interconnection & Facilities leasing
- Regulation of interconnection and leasing of facilities between licensees
- Promote competition by
- regulating wholesale rates
- guideline for determination of major operators
- Resolution of disputes between licensees
- Promote fair treatment of licensees
Chapter 9
- The chapter has been transferred from the Broadcasting Act
- Provision of Broadcasting services
- Prohibition in other Broadcasting activities:
- Political advertising
- Coverage of election
- Control of advertisements
- Treatment of political parties
Chapter 10
- Code of conduct to be prescribed by the Authority
- Retail and Wholesale tariffs to be prescribed by the authority where there is ineffective competition
Chapter 11
- ICT’s for government services
- Competition matters
- Numbering
- Carrier pre selection
- Directory services
- Offences
- Emergency services
- Licences granted in terms of Broadcasting and IBA Acts.
Chapter 12
- Universal Service Agency and Universal Services Fund
- To include convergence related matters such the replacing the telecommunications word in the section
Chapter 13
Transitional provisions for existing licences
Existing licences and regulations issued in terms of Telecomms Act , Broadcasting , IBA, to continue to exist and valid
Existing licences will be migrated into new categories within 12 months
Terms and conditions must not be less favorable
THANK YOU