22 June 2009

BROADCASTING AND ELECTRONIC COMMUNICATIONS PRACTICE AREA

Update on developments in May 2009

This update has been prepared by the Electronic Communications and Broadcasting practice area to inform clients of recent regulatory developments in the communications sector during May 2009. These developments include recent activities of the Independent Communications Authority of South Africa (ICASA).

Please feel free to contact any member of the practice area if any further information or advice is required.

 

GENERAL

• The Consumer Protection Act 68 of 2008 (CPA) was signed by the President on 24 April 2009. Read more...

• On 6 May 2009, ICASA published details of the application submitted by Broadband Infraco (Pty) Ltd for an individual ECNS licence, which is the licence required to operate a large-scale electronic communications network, and an individual ECS licence. Read more...

 

BROADCASTING

Hearings with regard to the draft regulations on advertising, infomercials and programme sponsorship published by ICASA on 13 February 2009 were held on 4 June 2009. ICASA had received 17 written submissions on the draft regulations from interested parties. Read more...

 

ELECTRONIC COMMUNICATIONS

• ICASA published a notice on 6 May 2009 indicating that, as from 15 May 2009, ECS licensees offering mobile services were required to introduce MSISDNIess (Numberless) SIM starter packs for pre-paid mobile services. Read more...

• On 18 May 2009, ICASA published a media release with regard to the implementation of Geographic Number Portability (GMP) between Telkom and Neotel. Read more...

• During April 2009, ICASA released a statement indicating that it did not require Vodacom (Pty) Ltd, which holds individual ECNS and ECS licences, to obtain ICASA’s approval in respect of changes to the shareholding of Vodacom’s holding company, Vodacom Group (Pty) Ltd, in terms of a transaction for the sale, by Telkom SA Ltd, of a 15% stake in Vodacom Group to Vodafone Group plc (which previously held 50% of Vodacom Group) and the unbundling of Telkom’s remaining 35% shareholding followed by the listing of Vodacom Group on the JSE Limited. Read more...

• Chapter XI of the Electronic Communications and Transactions Act 25 of 2002 (ECTA) provides for the liability of information system service providers to be limited for the transmission, caching and hosting of data and in respect of damages claimed for referring or linking users to a web page containing an infringing data message or infringing activity. Read more...

This update does not constitute legal advice and should not be relied on as such. Specific advice about your particular circumstances should be sought.

 
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