DOC gazettes ECA amendments
The amendments aim to align the Electronic Communications Act 36 of 2005 with broad-based black economic empowerment imperatives and improve competitiveness in the industry.
The bill will regulate ownership and control of commercial broadcasting services and introduce a spectrum management agency.
The draft Electronic Communications Amendment Bill has been published in the Government Gazette for comment within 30 days.
The amendments aim to align the Electronic Communications Act 36 of 2005 with broad-based black economic empowerment imperatives and improve competitiveness in the industry.
Once passed, the draft bill will incorporate a recommendation by the Independent Communications Authority of South Africa (ICASA) regarding the ownership and control of commercial broadcasting services – and also introduce a spectrum management agency.
Regarding ownership, the bill proposes that ICASA may, by regulation, set a limit on or restrict the ownership and control of existing and new individual licences for electronic communications network services and electronic communications services in order to promote competition in the information and communication technology (ICT) sector.
The bill also proposes that the regulator set a limit on or restrict the ownership and control of existing and new individual licences for broadcasting services in order to promote competition in the ICT sector and promote a diversity of views and opinions.
The bill will also delineate the responsibilities of the proposed agency and ICASA in respect of frequency spectrum management and refine licensing issues.
Turnaround times for consultative processes will also be improved; governance provisions in the act relating to the Universal Service and Access Agency of South Africa will also be improved; and regulatory bottlenecks will also be dealt with. www.sabinetlaw.co.za
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