1. PRESENTATION TO PARLIAMENTARY PORTFOLIO COMMITTEE ON THE ICASA BILL BY SENTECH LIMITED
24th October 2005

2. SENTECH TEAM Chief Operating Officer: Mr Gladwin Marumo
Executive: Regulatory &
Government Mr Dingane Dube
Specialist: Government Mr Matime Nchabeleng
Relations

3. EXECUTIVE OVERVIEW Additional powers and functions of ICASA
Inquiries undertaken by ICASA
Complaints and Compliance Committee
Constitution and Appointment of Councillors
Delegation
Confidentiality
General

4. ADDITIONAL POWERS AND FUNCTIONS
ICASA’s powers to be widened to make it the regulator of –
All communications services
Postal services
Electronic communications and transactions services
Powers will be derived from –
Electronic Communications Bill
Broadcasting Act
Postal Services Act
Electronic Communications and Transactions Act (“ECT Act”)
ICASA Act

5. ADDITIONAL POWERS AND FUNCTIONS
ICASA currently has vested powers under the Telecommunications Act, Independent Broadcasting Act and Broadcasting Act to regulate broadcasting and telecommunications
Powers to regulate broadcasting and communications will continue under the Electronic Communications Bill
ICASA currently has no authority to act as regulator for postal services or electronic transactions and communications

6. ADDITIONAL POWERS AND FUNCTIONS
The ECT Act and Postal Services Act will have to be amended to vest ICASA with the powers to regulate postal services and electronic communications and transactions
The Postal Services Act and the ECT Act will have to be amended to clearly show which powers will be transferred to ICASA and which will be retained by the Minister, Director-General or Domain Name Authority
The required amendments must be done prior to or simultaneously with the promulgation of the ICASA Act

7. ICASA INQUIRIES
Existing powers of ICASA to conduct inquiries under the Telecommunications Act and the IBA Act must not be lost and ICASA must be able to conduct inquiries into –
the performance of its functions
issues which affect consumers
The procedure for inquiries should be detailed in the ICASA Act or in regulations and should not be subject to the discretion of the presiding officer

8. ICASA INQUIRIES
The rights given to ICASA under section 4C(2) are inappropriate to the extent that they may compel participation and attendance at public hearings on proposed regulations and other inquiries into sector activities
There is a danger that section 4C(2) will discourage open discussion and debate and may even result in animosity towards ICASA and amongst operators
Section 4C(2) should be limited in application and confined to the investigation of licence or statutory contraventions
There must be a requirement to only hold in camera inquiries under exceptional circumstances

9. COMPLAINTS AND COMPLIANCE COMMITTEE
Qualified independent persons from the communications industry should be appointed to the Complaints and Compliance Committee
Complaints and Compliance Committee to consist of permanent and temporary members
Grounds for disqualifications should be the same as those in section 6(1)(a) to (l) of the Bill

10. COMPLAINTS AND COMPLIANCE COMMITTEE
Minimum time periods for the investigation of complaints should be imposed on the Complaints and Compliance Committee
Investigation and reporting of all complaints should be done within 60 days
Limited time period for the lodgement of complaints should be extended to 90 days

11. COMPLAINTS AND COMPLIANCE COMMITTEE
Complaints and Compliance Committee must be empowered to investigate and adjudicate consumer complaints
Procedural rules for the investigation and hearing of complaints should be detailed in the ICASA Act or in regulations
Procedures for the bringing of urgent interim relief applications should be included
The sanctions which ICASA is authorised to impose must be specified

12. CONSTITUTION AND APPOINTMENT OF COUNCILLORS
Not clear whether the term “Councillor” is inclusive of the chairperson
ICASA Bill must be amended to reflect that all provisions applicable to Councillors will be applicable to the chairperson otherwise there will be no provisions dealing with –
the basis upon which the chairperson is entitled to resign
the suspension or removal from office of the chairperson

13. CONSTITUTION AND APPOINTMENT OF COUNCILLORS
The ICASA Bill does not contain any procedures in respect of the right to remove Councillors and this must be addressed
A right to suspend Councillors pending their removal from office should also be included in the ICASA Bill

14. DELEGATION
Council’s right to delegate its powers and functions should be limited as follows –
the power to make regulations should not be subject to any form of delegation
the power to grant, renew, amend or transfer any individual licence should only be capable of being delegated to a Councillor or to a Committee of Council
Where powers, functions or duties are delegated to the CEO that power, function or duty should be capable of being performed by any other staff member authorised by the CEO

15. CONFIDENTIALITY
The confidentiality obligations imposed on ICASA must be widened to include information pertaining to business activities, intellectual property, strategic objectives, market positioning and commercial agreements subject to confidentiality undertakings
Non-disclosure obligations should be extended to material which becomes lawfully part of the public domain
All Councillors, employees, consultants and experts should be required to adhere to confidentiality obligations

16. GENERAL
The register of licences kept by ICASA should include all approvals and certifications as well as a list of all formal documents maintained by licensees (i.e. spectrum assignments and ownership and control reports)
The ICASA Bill should be amended to allow for appointed inspectors to investigate licence and statutory contraventions
Appointed inspectors should also be allowed to investigate the illegal or unlicensed provision of broadcasting or communication services

17. Thank you

18. PRESENTATION TO PARLIAMENTARY PORTFOLIO COMMITTEE ON THE ICASA BILL BY SENTECH LIMITED
24th October 2005

19. SENTECH TEAM Chief Operating Officer: Mr Gladwin Marumo
Executive: Regulatory &
Government Mr Dingane Dube
Specialist: Government Mr Matime Nchabeleng
Relations

20. EXECUTIVE OVERVIEW Additional powers and functions of ICASA
Inquiries undertaken by ICASA
Complaints and Compliance Committee
Constitution and Appointment of Councillors
Delegation
Confidentiality
General

21. ADDITIONAL POWERS AND FUNCTIONS
ICASA’s powers to be widened to make it the regulator of –
All communications services
Postal services
Electronic communications and transactions services
Powers will be derived from –
Electronic Communications Bill
Broadcasting Act
Postal Services Act
Electronic Communications and Transactions Act (“ECT Act”)
ICASA Act

22. ADDITIONAL POWERS AND FUNCTIONS
ICASA currently has vested powers under the Telecommunications Act, Independent Broadcasting Act and Broadcasting Act to regulate broadcasting and telecommunications
Powers to regulate broadcasting and communications will continue under the Electronic Communications Bill
ICASA currently has no authority to act as regulator for postal services or electronic transactions and communications

23. ADDITIONAL POWERS AND FUNCTIONS
The ECT Act and Postal Services Act will have to be amended to vest ICASA with the powers to regulate postal services and electronic communications and transactions
The Postal Services Act and the ECT Act will have to be amended to clearly show which powers will be transferred to ICASA and which will be retained by the Minister, Director-General or Domain Name Authority
The required amendments must be done prior to or simultaneously with the promulgation of the ICASA Act

24. ICASA INQUIRIES
Existing powers of ICASA to conduct inquiries under the Telecommunications Act and the IBA Act must not be lost and ICASA must be able to conduct inquiries into –
the performance of its functions
issues which affect consumers
The procedure for inquiries should be detailed in the ICASA Act or in regulations and should not be subject to the discretion of the presiding officer

25. ICASA INQUIRIES
The rights given to ICASA under section 4C(2) are inappropriate to the extent that they may compel participation and attendance at public hearings on proposed regulations and other inquiries into sector activities
There is a danger that section 4C(2) will discourage open discussion and debate and may even result in animosity towards ICASA and amongst operators
Section 4C(2) should be limited in application and confined to the investigation of licence or statutory contraventions
There must be a requirement to only hold in camera inquiries under exceptional circumstances

26. COMPLAINTS AND COMPLIANCE COMMITTEE
Qualified independent persons from the communications industry should be appointed to the Complaints and Compliance Committee
Complaints and Compliance Committee to consist of permanent and temporary members
Grounds for disqualifications should be the same as those in section 6(1)(a) to (l) of the Bill

27. COMPLAINTS AND COMPLIANCE COMMITTEE
Minimum time periods for the investigation of complaints should be imposed on the Complaints and Compliance Committee
Investigation and reporting of all complaints should be done within 60 days
Limited time period for the lodgement of complaints should be extended to 90 days

28. COMPLAINTS AND COMPLIANCE COMMITTEE
Complaints and Compliance Committee must be empowered to investigate and adjudicate consumer complaints
Procedural rules for the investigation and hearing of complaints should be detailed in the ICASA Act or in regulations
Procedures for the bringing of urgent interim relief applications should be included
The sanctions which ICASA is authorised to impose must be specified

29. CONSTITUTION AND APPOINTMENT OF COUNCILLORS
Not clear whether the term “Councillor” is inclusive of the chairperson
ICASA Bill must be amended to reflect that all provisions applicable to Councillors will be applicable to the chairperson otherwise there will be no provisions dealing with –
the basis upon which the chairperson is entitled to resign
the suspension or removal from office of the chairperson

30. CONSTITUTION AND APPOINTMENT OF COUNCILLORS
The ICASA Bill does not contain any procedures in respect of the right to remove Councillors and this must be addressed
A right to suspend Councillors pending their removal from office should also be included in the ICASA Bill

31. DELEGATION
Council’s right to delegate its powers and functions should be limited as follows –
the power to make regulations should not be subject to any form of delegation
the power to grant, renew, amend or transfer any individual licence should only be capable of being delegated to a Councillor or to a Committee of Council
Where powers, functions or duties are delegated to the CEO that power, function or duty should be capable of being performed by any other staff member authorised by the CEO

32. CONFIDENTIALITY
The confidentiality obligations imposed on ICASA must be widened to include information pertaining to business activities, intellectual property, strategic objectives, market positioning and commercial agreements subject to confidentiality undertakings
Non-disclosure obligations should be extended to material which becomes lawfully part of the public domain
All Councillors, employees, consultants and experts should be required to adhere to confidentiality obligations

33. GENERAL
The register of licences kept by ICASA should include all approvals and certifications as well as a list of all formal documents maintained by licensees (i.e. spectrum assignments and ownership and control reports)
The ICASA Bill should be amended to allow for appointed inspectors to investigate licence and statutory contraventions
Appointed inspectors should also be allowed to investigate the illegal or unlicensed provision of broadcasting or communication services

34. Thank you

35. Slide Title Here Header One Body text here Bullet point here

38. Thank you