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The Digital Communications Modification Invoice, 2022 (the Invoice), which introduces plenty of vital amendments to the Digital Communications Act 36 of 2005 (the ECA), has been revealed. events have till 23 July to submit written feedback concerning the Invoice.
Briefly, the amendments proposed by the Invoice embrace:
(i) a brand new licence class for digital communications services providers;
(ii) enabling the Minister of Cooperative Governance and Conventional Affairs to promulgate a nationwide normal by-law on wayleave processes;
(iii) ‘use it or share it’ and different spectrum-sharing provisions;
(iv) regulation of Cell Digital Community Operators (MVNOs);
(v) regulation of worldwide roaming; and
(vi) competitors regulation.
New licence class
The Invoice proposes a brand new licence class for digital communications services providers, which is distinct from the present licences issued by the Impartial Communications Authority of South Africa (ICASA). This may increasingly deliver present holders of passive infrastructure (equivalent to ‘tower firms’ or darkish fibre suppliers) underneath the ambit of the ECA, in addition to require present licensees to doubtlessly purchase extra licences from ICASA.
Commonplace by-law
The Minister of Cooperative Governance and Conventional Affairs is enabled to create a regular by-law offering for:
(i) a uniform wayleave course of for digital communications networks and services;
(ii) cost-based wayleave software charges;
(iii) a framework for sharing related municipal property and infrastructure between license holders; and
(iv) different measures which promote the speedy deployment of digital infrastructure and uniformity of wayleave processes.
Spectrum sharing
This modification empowers ICASA to instruct a licensee to share its spectrum the place it has did not adequately use the assigned spectrum for a interval of two years. ICASA may also be mandated to prioritise assigning unused spectrum to neighborhood networks.
Moreover, the modification proposes to introduce a framework for sharing high-demand and non-high demand spectrum between licence holders, which ICASA should develop inside 12 months of the promulgation of the Invoice.
MVNOs and roaming
The Invoice, if handed, would require digital communication community service licensees with entry to Worldwide Cell Telecommunications radio frequency spectrum and community protection of 90% of the inhabitants, to supply each roaming and MVNO providers.
Competitors regulation
The Invoice proposes to boost ICASA’s powers to conduct pro-competitive assessments and intervene in markets the place licence holders function. To enhance these provisions, the scope for cooperation between ICASA and the Competitors Fee has additionally been broadened.
As with all laws, there could also be areas for enchancment and ongoing vigilance to make sure that the invoice achieves its meant targets with out unintentional unfavourable penalties.
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