2. The MDDA has been established in terms of the MDDA Act (No 14 of 2002) to "help create an enabling environment for media development and diversify that is conducive to public discourse and which reflects the needs and aspirations of all South Africans

3. The MDDA is further (amongst other things) mandated to:

redress exclusion and marginalisation of disadvantaged communities and persons from access to the media and the media industry; and provide support to community and small commercial media projects.

4. The Agency (as noted in previous submissions on the Convergence Bill) views the development of a South African framework for convergence of communications as critical to facilitating an environment where many diverse voices can flourish and be heard.

5. The strengthening of the communications regulator is critical in this process. The ICASA Amendment Bill (read together with the Convergence Bill) plays an integral role in developing a policy and regulatory environment that encourages and facilitates creative use of new communications technologies to ensure information is accessible to a wide range of communities throughout South Africa.

6. The MDDA would like to note that it has not studied the most recent draft of the Convergence Bill (Electronic Communications Bill) and therefore has not been able to conduct a thorough analysis of the joint implications of the two Bills.

7. This Submission does not analyse each clause of the proposed legislation but will highlight particular issues.

Name of the Authority

8. The MDDA is unclear of the motivation necessitating the need to amend the name of the regulator from Independent Communications Authority of South Africa to Electronic Communications Authority of South Africa.

9. In light of this we propose that the existing name remain. It is important in deciding on this maffer that Parliament considers the cost and marketing implications of a change of name and therefore branding.

10. Again, the Bill does not provide the motivation for the addition of postal regulatory responsibilities to the functions of ICASA and it is therefore difficult to analyse this.

11. The legislature should however carefully consider the implications of this on the capacity of the Authority to efficiently and effectively regulate the communications industry (both telecommunications and broadcasting).

12. It is particularly important to note in this regard that convergence and the enactment of convergence legislation will place a range of new tasks and obligations on ICASA (particularly in the transitional period). The MDDA is concerned that the simultaneous administrative process of merging the postal regulator with ICASA could detract from or delay these processes.

13.The Agency does not believe that this potential additional burden (at least initially) on ICASA will be eased by the inclusion of additional councillors.

14. The MDDA agrees with defining clearly the powers, responsibilities and functions of the Authority in new legislation.

15. The Agency would however urge legislators to carefully analyse all other ICACA Amendment Bill legislation (including existing broadcasting and telecommunications legislation and the Convergence Bill) to ensure that all functions are captured fully and included in this section of the final legislation.

16. The MDDA would like to note for instance that it appears that the requirement that ICASA develops regulations and regulatory policy are not currently included.

17. Furthermore, subsection (1) whilst stating that the Authority can propose recommendations on policy to the Minister of Communications, does not (as previously) outline a specific procedure for this, nor does it define the Minister's responsibilities on receipt of such recommendations (including time frames)

18. The MDDA believes this is important in order to ensure certainty about the different roles and powers of the regulator and Minister. Recently for example the regulator made recommendations to the Minister on proposed changes to ownership clauses affecting broadcast licensees. These have not as yet been considered or we believe put before Parliament, creating uncertainty in the industry.

19. The MDDA would like to assert its confidence in the Parliamentary process (and the role of the Portfolio Committee on Communications) in appointing not only ICASA Councillors, but also members of other Board’s (including the MDDA Board).

20. The motivation provided in the Bill for a suggested change to the amendment procedure is to provide for "a new, faster and more focused procedure" of appointment It is unclear however how the proposed new procedure will result in either a faster or more focused appointment process that that already provided for. We note that Parliament has always fulfilled this function timeously and responsibly and therefore do not see a need to amend the current process for these reasons.

21. According to media reports another concern that prompted the proposed amendment is that councillors may currently have loyalties to particular political parties which motivated for their appointment. The Deputy Minister of Communications has been quoted in reports as stating that an appointment committee would include industry representatives and be less influenced by party politics. In this regard, the MDDA would like to note a concern about possible regulatory capture by industry members - internationally recognised as a major threat to independent regulation.

22. The MDDA would also like to highlight that Parliamentary procedures are public - and therefore transparent. The Bill in no way requires that deliberations of the proposed Committee would be open to the public.

23. It appears that the current Broadcasting Monitoring and Complaints Committee (BMCC) is being dissolved and replaced by a Complaints and Compliance Committee which would oversee hearings into complaints against all communications and postal operators.

24. The MDDA believes that the BMCC has played an important role in ensuring broadcasters meet their licence conditions and any regulations (such as South African content requirements). In particular the BMCC has over many years assisted community radio stations to understand the requirements of them, by providing guidance rather than merely acting punitively. The Agency is concerned that broadcasting issues (and those relating to for example community media) may be neglected by a less focused Committee.

The MDDA would again like to thank the Portfolio Committee for providing this opportunity to make submissions on the ICASA Amendment Bill. The amendment to the ICASA Act together with the development of a legislative framework for convergence of communications technologies is an important step towards providing opportunities for all South Africans to realise their rights to freedom of expression and information.