2. Purpose of the Presentation
To provide the Portfolio Committee with a Progress Report on the Implementation of the Rapid Deployment Policy as contained in the National Integrated ICT Policy White Paper
Building a better life for all through an enabling and sustainable world class information and communication technologies environment.

3. Rapid Deployment Policy Development Process
In 2015 the Department commenced with a process to develop Rapid Deployment Policy in terms of the ECA
It was envisaged that this would be a stand-alone Policy
A decision was then made to include the Rapid Deployment Policy in the National Integrated ICT Policy White Paper
The Rapid Deployment Policy seeks to harmonise, simplify, and minimise the period taken from the time of application for wayleaves and permits to the issuance thereof
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4. What is Rapid Deployment of electronic communications networks?
The National Integrated ICT Policy White Paper defines Rapid Deployment of ICT Infrastructure as the process of gaining access to and using property, including buildings and land such as waterways, roads, railways, footpaths and tunnels for the deployment of electronic communications networks with an emphasis to reduce the time between application process and the actual deployment of infrastructure
Section 21 of the Electronic communications Act is meant to give effect to the policy pronouncement made in the “South Africa Connect” of removing of administrative bottlenecks and lowering of hurdles to greatly accelerate roll-out of wired and wireless broadband.
Electronic Communications Act (Act No. 36 of 2005) S(21) stipulates that the Minister must, in consultation with the Minister of Cooperative Governance and Traditional Affairs, the Minister of Rural Development and Land Reform, the Minister of Water and Environmental Affairs, the Authority and other relevant institutions, develop a policy and policy directions for the rapid deployment and provisioning of electronic communications facilities, following which the Authority must prescribe regulations
Building a better life for all through an enabling and sustainable world class information and communication technologies environment.

5. What is electronic communications facility?
“electronic communications facility” includes but is not limited to any—
wire, including wiring in multitenant buildings;
cable (including undersea and land based fibre optic cables);
antenna;
mast;
satellite transponder;
circuit;
cable landing station;
international gateway;
earth station;
radio apparatus;
exchange buildings;
data centres; and
carrier neutral hotels, or other thing, which can be used for, or in connection with, electronic communications, including, where applicable—
collocation space;
monitoring equipment;
space on or within poles, ducts, cable trays, manholes, hand holds and conduits; and
associated support systems, subsystems and services, ancillary to such electronic communications facilities or otherwise necessary for controlling connectivity of the various electronic communications facilities for proper functionality, control, integration and utilisation of such electronic communications facilities;
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6. What is electronic communications facility?
Discussions with stakeholders indicate that much of the challenges that arise are a result of proposed deployment of
Underground fibre and duct
Premises fibre and duct, including in business parks and on private land
Aerial fibre, deployed on poles
High sites including rooftops for wireless sites
Wireless towers, and land for such towers.
Building a better life for all through an enabling and sustainable world class information and communication technologies environment.

7. Definition of a Wayleave
What is a way-leave:
Right to use the property of another in a specified manner without possessing the land
Applies to public road reserve.
Way-leave provides mechanism to control:
The position of services placed in the public road reserve
The work done in the public road reserve
The quality of reinstatement work in the road reserve
The health and safety of the work teams and the users of the public road reserve
Time and social costs associated with road work delays
Subsequent re-location of a service
The following way-leave list of activities can be applied for in a roads reserve:
Optic fibre Installations
Repairing pipes/water leaks
Installing vehicle entrances
Repair of street lights
Repair of faulty cables
Upgrade of paving (footway)
Filming
Road resurfacing (by contractors)
Upgrading sewer pipes
Installing power lines
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8. Problem Statement (1) Lengthy and non-standardised processes–
The process to obtain approvals for the deployment of electronic communications facilities is extremely lengthy
There are currently no uniform nationwide requirements for granting permits and authorisations for the roll-out of ECN infrastructure such as towers and ducts or the use of existing public infrastructure
There are no legislated or regulated deadlines for granting approvals
Duplication of infrastructure has a negative impact on the environment –
Currently roads, new buildings and other infrastructure projects are not required to take into account ICT infrastructure in their planning
This results is an uncoordinated and inefficient approach to ICT infrastructure deployment, additional costs and delays in the deployment process
It also results in environmental degradation through infrastructure duplication or digging and trenching, in the same area multiple times
Building a better life for all through an enabling and sustainable world class information and communication technologies environment.

9. Problem Statement (2)
Lack of coordination between large numbers of affected stakeholders across different sectors
Unclear institutional framework - many stakeholders involved in the infrastructure deployment process – at national, provincial and local government level. In addition private sector stakeholders – in the form of licensees and regulators, have critical roles to play in the process, and varying interests to protect
Existing processes, procedures and fees are not streamlined - There is “no central co-ordination, no consistency in process, no benchmark for pricing, lack of specificity in laws and regulations, failure to implement some regulations, and no clear method for determining exactly what constitutes “the public interest”
Building a better life for all through an enabling and sustainable world class information and communication technologies environment.

10. Problem Statement (3) Challenges experienced by Municipalities
Currently the biggest problems being experienced are with Telecommunications companies or their service providers.
Certain Telecommunications licensees have won cases against municipalities in court.
Even though the judgment stipulates that they are only obliged to give municipalities notice, some are co-operating and are applying for wayleaves at the moment.
Reinstatements to the road reserves not done to the correct standards
Disregarding instructions to rectify incorrect reinstatements.
Not informing Municipalities when reinstatements are completed to avoid sign off procedures
Conducting night works to avoid monitoring by Municipalities
Uncoordinated works on road reserves by entities granted way leave approvals (sometimes works are executed at the same location by multiple entities who each claim superior rights to site activity)
Capacity constraints in Municipal Wayleave sections to process applications
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11. The Legislative Framework
Legislative Framework for Rapid Deployment of Electronic Infrastructure
The Legislative Framework
Level 5
Constitution
Level 4
Rapid Deployment Policy
Level 3
Electronic Communications Act
Level 2
Provincial Legislation & Municipal By-laws
Level 1
ICASA Regulations
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12. Limitations of the Current Framework
Regulations under the ECA are only applicable to ECNS licensees
The Infrastructure Development Act only applies to public infrastructure
Current legislative framework limiting and does not enable full implementation of rapid deployment policy
There are many stakeholders not subject to the provisions of the ECA
Balancing rights of landowners and national interests in regard to deployment of electronic communications infrastructure
Building a better life for all through an enabling and sustainable world class information and communication technologies environment.

13. Rapid Deployment Policy
Implementation of rapid deployment must be done within the current legislative framework
Current Framework
Policy and policy directions will be issued to ICASA as part of the implementation plan
Policy Directions
However, in order to give effect to the rapid deployment policy in the White Paper, amendments to the ECA are required
ECA Amendment
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14. Electronic Communications Amendment Bill
The Electronic Communications Amendment Bill was submitted to Cabinet on 1 November 2017 for approval to gazette it for public consultation
Chapter 4 is substituted by amending the relevant provisions in accordance with the White Paper, to give effect to the rapid deployment policy.
A new section 20A is inserted to provide for the oversight role of the Minister of Telecommunications and Postal Services including liaison with other relevant Ministries and the establishment of the Rapid Deployment National Coordinating Centre and Rapid Deployment Steering Committee.
20A
The role of the National Co-ordinating Centre (NCC) is inserted to ensure central coordination of activities and process for rapid deployment including its relationship with SIP 15 and local municipalities.
20B
The role of the Authority is inserted to establish the regulatory framework for rapid deployment of electronic communication networks, for resolving disputes on an expedited basis and matters that must be included in the regulations.
20C
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15. Electronic Communications Amendment Bill
Section 20D is inserted to establish the role of SALGA and Municipalities in promoting uniformity in process and price for approvals and way leaves, that must be at cost, and to make provision for ICT infrastructure when planning infrastructure at municipal level. Municipalities are required to provide information on municipal infrastructure and ICT infrastructure to the National Coordination Centre.
20D
Obligations are placed on landowners at all levels of government to ensure that they provide information on infrastructure for the GIS database. Landowners to make provision for the installation of facilities including fibre ducts and treat ECNS licensees equally (20E).
20E
Role of the NCC to develop coordinated and streamlined processes for the granting of an approval, authorisation, licence, permission or exemption to enable rapid deployment (20F).
20F
DEA to consider amending their legislation to simplify and reduce the periods relevant to environmental approvals.
Building a better life for all through an enabling and sustainable world class information and communication technologies environment.

16. Electronic Communications Amendment Bill
20G is inserted to provide for the rights and obligations of ECNS licensees. The rights include entering upon public and private land to deploy networks, which networks remain their property.
20G
Obligations are placed on ECNS licensees to act with due care in accordance with industry standards and restore the property to its former state. ECNS licensees must update the geographic information system database about the type and location of facilities deployed.
It obliges ECNS licensees to uphold open access principles and infrastructure sharing.
Section 20H provides for access to high sites for radio-based systems to ensure that ECNS licensees may access and use any high sites including high sites owned by all spheres of government and requires regulations on cost-based rental fees.
20H
20I provides for access to trenches. It includes the requirements for single trenching for fibre deployment where possible and requires the Authority to make regulations.
20I
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17. Electronic Communications Amendment Bill
Section 20J enables ECNS licensees to deploy infrastructure using the rights of way of government entities in all spheres of government such as rights of way for construction of roads and railways.
20J
Section 20K enables access to buildings by ECNS licencees.
20K
Section 20L provides that new property developments and buildings must provide for the installation of ECNs and facilities such as ducts for fibre cables or space for radio equipment in the interest of broadband roll-out.
20L
Section 20M is inserted to introduce the concept of ‘adequately served’ and provides that ECNS licensees may not deploy networks or facilities in adequately served premises except if the Authority determines otherwise.
20M
Section 20N on emergency is inserted to ensure that no entity may refuse access to any site nor charge any fee for access for the deployment of electronic communications network or facilities during emergency situations.
20N
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18. Electronic Communications Amendment Bill
Section 20O on application process/procedure is inserted to expedite all applications and related processes for approval, authorisation, licence, permission or exemption and processes relating to any consultation and participation required by the relevant laws.
20O
Section 20P provides for fees, charges and levies. Access fees may not be charged by landowners if networks and facilities are not intrusive or deprive the landholder of its use of the land. It describes when reasonable access fees are payable when the access is more intrusive.
20P
Landholder is entitled to reasonable compensation agreed to between the landholder and the ECNS licensee, for any financial loss or damage, and that in any dispute about compensation, the reasonability of the compensation must be determined by the Authority.
Sections 24 to 28 are amended to ensure that various fees such as for alteration of water and gas pipes, for moving of electronic communications facilities, for cutting or trimming trees that interferes with networks, are cost based.
Section 24 to 28
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19. Inter-Departmental Working Group Established 31 July 2017 Mandate
Rapid Deloyment Policy Implementation : Inter- Departmental Working Group
Inter-Departmental Working Group Established 31 July 2017
Mandate
The mandate of the Working Group is to develop a terms of reference for the Rapid Deployment Co-ordinating Committee contemplated in the White Paper and to develop instruments for the implementation of the rapid deployment policy, until such time as the Rapid Deployment Co-ordinating Committee is established.
Comprises 3 Workstreams
Institutional Framework
Regulatory
Processes & Procedures
Building a better life for all through an enabling and sustainable world class information and communication technologies environment.

20. 1 2 3 Inter-Departmental Working Group
Processes & Procedures workstream
Institutional Framework workstream
Infrastructure duplication and Regulatory workstream
To consider and make recommendations and the reduction of infrastructure duplication and develop a regulatory framework to support the establishment and operation of the RDNCC
To consider and make recommendations on common standards and administrative procedures for processing of applications for wayleaves and issuing of certificates;
To consider and make recommendations on the institutional model to implement the rapid deployment policy including the establishment of the Rapid Deployment National Co-ordinating Centre (RDNCC)
To gather information about various application processes and procedures relevant to applications for approvals, permits and other authorisations relevant to deployment of electronic communications networks and facilities
Building a better life for all through an enabling and sustainable world class information and communication technologies environment.

21. Inter-Departmental Working Group
The 3 Workstreams met several times and have prepared draft reports containing proposals for their respective streams
Institutional Framework workstream
Infrastructure duplication and Regulatory workstream
Processes & Procedures workstream
Facilitated presentation from DEA on environment approvals
Facilitated presentation from Tshwane Metropolitan Municipality on wayleave applications
Aligned implementation of Rapid Deployment Policy to the work of SIP 15
Analyzed the current legal and regulatory framework
Proposal on a model for the Rapid Deployment National Coordinating Centre
Made recommendations on regulations that are required
Obtained information on wayleave applications from Buffalo City, Cape Town, Johannesburg & Umsunduzi Municipalities
Collating and analysing information on current processes and procedures for application of wayleaves and permits in order to develop a common process and procedures
Achieved a common vision and reaching consensus among government stakeholders with different interests
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22. Key issues being addressed by the Workstreams & Way Forward
Institutional
A Rapid Deployment Implementation Plan that is acceptable and will be adhered to by all stakeholders is being developed
Department is engaging with Government stakeholders mentioned in s21 of the ECA
Once consensus has been reached amongst Government Departments, & following this presentation, the Department will engage private sector stakeholders
Regulatory
Policy Directions are required on:
Rapid deployment regulations to be developed by ICASA
Single trench policy/ Adequately served communities
Dispute resolution
Infrastructure in relation to future planning
GIS database
The Rapid Deployment Regulations should provide guidance on the structure of the database, its security and the manner in which it can be accessed.
Uniform Information Required for a Wayleave Application
Automated Application Process
This will assist small & under-resourced municipalities
Timelines
EIA requirements
Processes & Procedures
Building a better life for all through an enabling and sustainable world class information and communication technologies environment.

23. Proposed Institutional Framework
Rapid Deployment Coordination Centre (RDCC)
DTPS Officials
Rapid Deployment Forum
Industry
Landowners
(municipal;
provincial, national
level )
Regulator (ICASA)
SALGA
Minister:
Telecommunications and Postal Services
Steering Committee
Government Departments
SIP15
Infrastructure
Team
Working Group
Proposed Institutional Framework
Building a better life for all through an enabling and sustainable world class information and communication technologies environment.

24. Roles of Key Players on the implementation of the Rapid Deployment Policy
Creation of a GIS database;
Co-ordination of infrastructure rollout;
Engagement with relevant industry bodies;
Prescribe licence terms and conditions to ensure a coherent regulatory framework
When planning municipal infrastructure, must make provision for the installation of electronic communications networks and facilities
Rapid Deployment Coordination Centre
ICASA
SALGA & Municipalities
Development of processes for the granting of approvals
Establishment of a common automated wayleave application system;
Prescribe rapid deployment regulations
Promote uniformity in process and prices charged by municipalities for wayleave applications
Provide information on existing and planned municipal infrastructure including ICT infrastructure to the RDCC for inclusion into the GIS database 1 2 3
Building a better life for all through an enabling and sustainable world class information and communication technologies environment.

25. Collaboration between key Stakeholders
SALGA and Fibre to the X (FTTX) Council Africa have signed a Memorandum of Understanding in October 2017
Sharing with local authorities the Rapid Deployment Policy and its impact through roadshows.
FTTX Council currently working on a discussion paper for local authorities that will explain the obligations on both public and private sector.
FTTX Council will collaborate local authorities on the concept of smart cities and how local authorities can facilitate long and short term strategies to achieve smart city status leveraging private sector infrastructure.
Building a better life for all through an enabling and sustainable world class information and communication technologies environment.

26. Roadmap 27 October 2017 31 January 2018 31 March 2018 31 October 2017
Finalise Recommendations from Working Group
27 October 2017
Engage SIP 15 stakeholders on the detailed Implementation Plan
31 January 2018 3
Establish Rapid Deployment Coordinating Centre
Develop Electronic Wayleave Application System
Acquire Geographic Information System
31 March 2018 2 4 5
Develop ToR for Rapid Deployment Coordinating Centre
31 October 2017
Issue Policy Direction to ICASA
31 March 2018
Building a better life for all through an enabling and sustainable world class information and communication technologies environment.

27. Building a better life for all through an enabling and sustainable world class information and communication technologies environment.