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General

ELECTRONIC COMMUNICATIONS AMENDMENT BILL 38-2007 Councillor Marcia Socikwa 31 October 2007, Cape Town. General. ICASA welcomes the opportunity to make this presentation before the Honourable members ICASA supports the general principles of the Bill

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General

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  1. ELECTRONIC COMMUNICATIONS AMENDMENT BILL 38-2007Councillor Marcia Socikwa31 October 2007, Cape Town

  2. General • ICASA welcomes the opportunity to make this presentation before the Honourable members • ICASA supports the general principles of the Bill • ICASA is geared to implementing the proposed Amendment • ICASA is finalising terms and conditions contemplated in Chapter 3 of the EC Act which will apply to all converted and new licensees

  3. Definitions ICASA recommends that: • the definition of a “public entity” be inserted in section 1 of the EC Act • in defining “public entity” related definitions be inserted to add clarity • ECA makes references to • Section 3(1)(h) refers to “state owned enterprises” • Section 5(3)(d) refers to “state entity”

  4. Specific Comments • ICASA cautions against duplicating licensing framework and processes envisaged by the EC Act no.36, 2005. • ICASA seeks clarity on the licensing framework applicable to state entities which hold an ownership interest which is greater than twenty-five (25%) percent of the share capital

  5. Comments Continued • ICASA proposes that: • The licensing framework contemplated in the Bill be placed in Chapter 2 of the EC Act; • New provision be made in section 3 of the EC Act, to give the Minister powers contemplated in the Bill; • Sections 5(6) & 9(1),(2(a) &(b)) be amended to exclude ECNS contemplated in the Bill from a competitive licensing process

  6. Comments Continued • ICASA proposes the following additional principles for consideration: • The strategic infrastructure intervention by the public entity be for wholesale services • Services be provided on a non-discriminatory basis • Access to network elements be provided on a cost orientation basis • Possible conditions to facilitate the above could include: • Requirement for Regulatory Financial Accounting • Requirement for appropriate methodology in the provision of services at cost using

  7. Conclusion • ICASA believes that the proposed Bill may provide an opportunity to contribute towards long anticipated cost reduction of communications services • Competition at the wholesale level brings hope and possibilities for infrastructure competition in the ICT market THANK YOU

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