1. 1 DD/krs/ Sentech presentation to the PC on Science & Technology on the South African National Space Agency FINAL 04 June 08 SENTECH PRESENTATION TO THE PORTFOLIO COMMITTEE ON SCIENCE & TECHNOLOGY ON THE SOUTH AFRICAN NATIONAL SPACE AGENCY (B-20-2008) Date:4 June 2008

2. 2 DD/krs/ Sentech presentation to the PC on Science & Technology on the South African National Space Agency FINAL 04 June 08 OVERVIEW  SENTECH TEAM  WHO IS SENTECH?  OBJECTS OF AGENCY  FUNCTIONS OF AGENCY

3. 3 DD/krs/ Sentech presentation to the PC on Science & Technology on the South African National Space Agency FINAL 04 June 08 SENTECH TEAM Mr. Dingane Dube:Executive: Regulatory & Government Affairs Mr. Monde Ndleleni:Specialist Stakeholder Relations

4. 4 DD/krs/ Sentech presentation to the PC on Science & Technology on the South African National Space Agency FINAL 04 June 08 WHO IS SENTECH? SENTECH is: A commercially run, 100% State Owned Enterprise whose business is in communications. Established in terms of Sentech Act No. 63 of 1996, as amended. Licensed in terms of the Independent Broadcasting Authority Act No. 153 of 1993 for Broadcasting Signal Distribution as a “common carrier”. The largest broadcasting signal distributor in Africa. Licensed in terms of the Telecommunications Act No. 103 of 1996 for Multimedia Telecommunications Services. Wholesale international telecommunications services as a “carrier of carriers”. The Carrier of Carrier and Multimedia licenses awarded to Sentech effective 7 May 2002. In addition, Sentech holds a station and radio frequency license in terms of which it is permitted to use space segment on the IS-7 and IS-10 satellite. The services provided by Sentech on IS-7 and IS-10 are the one-way transmission of television, sound and associated data as part of its broadcasting signal distribution service. Provide technical training outside of South Africa.

5. 5 DD/krs/ Sentech presentation to the PC on Science & Technology on the South African National Space Agency FINAL 04 June 08 OBJECTS OF AGENCY One of the objects of the South African National Space Agency ("Agency"), recorded in section 4(c) of the Space Agency Bill, is to "foster research in astronomy, earth observation, communications, navigation and space physics". The object of fostering research in astronomy appears to mirror one of the object of the Astronomy Geographic Advantage Bill [B17D-2007] ("AGA Bill") namely, to "provide measures to advance astronomy and related scientific endeavours in the Republic".

6. 6 DD/krs/ Sentech presentation to the PC on Science & Technology on the South African National Space Agency FINAL 04 June 08 OBJECTS OF AGENCY cont. Whilst there is fundamentally no difficulty in the objects of the Agency being aligned with the objects of the AGA Bill, the overlap between the objectives of the Space Agency Bill and the AGA Bill- raises queries regarding the scope of the Agency's responsibility in respect of the advancement of astronomy in South Africa; could result in an unnecessary duplication of administrative skills, costs and resources as well as divergent or disparate policies pertaining to the advancement of astronomy; and could result in a certain level of discord particularly where the Agency is able to interfere with or undermine the administrative mechanisms put in place under the AGA Bill.

7. 7 DD/krs/ Sentech presentation to the PC on Science & Technology on the South African National Space Agency FINAL 04 June 08 FUNCTIONS OF AGENCY Sentech notes that one of the functions of the Agency, set out in section 5(1)(d) of the Space Agency Bill is to- "acquire, assimilate and disseminate space satellite data for any organ of state". Sentech, as a provider of broadcasting signal distribution services acquires, assimilates and disseminates space satellite data. Sentech therefore provides services which fall within the ambit of the functions of the Agency. Sentech proposes that the Agency should not be entitled to restrict, infringe upon or in any manner regulate Sentech's broadcasting signal distribution services or multimedia services which are regulated by the Independent Communications Authority of South Africa.

8. 8 DD/krs/ Sentech presentation to the PC on Science & Technology on the South African National Space Agency FINAL 04 June 08 FUNCTIONS OF AGENCY cont. In addition, the Space Agency Bill confers a mandatory obligation on the Agency, to acquire, assimilate and disseminate space satellite data for any organ of state. Sentech, which is wholly owned by the State and thus an organ of state, is apprehensive that it will be required to approach the Agency in order for the Agency to act on its behalf in respect of, inter alia, the conclusion of any agreements in respect of the leasing of transponder capacity or in respect of the conveyance of any satellite data. Sentech is also concerned that the wide powers conferred on the Agency in respect of its ability to acquire, assimilate and disseminate space satellite data will allow the Agency to exercise control over data which Sentech as a broadcasting signal distributor and multimedia service provider conveys as part of its own operations and transmits on behalf of broadcasters and to other end users.

9. 9 DD/krs/ Sentech presentation to the PC on Science & Technology on the South African National Space Agency FINAL 04 June 08 FUNCTIONS OF AGENCY cont. Certain broadcast content and multimedia content conveyed by Sentech is subject to third party license rights. The Agency, in exercising its obligations, may cause Sentech to violate such third party rights as well as the privacy obligations to which Sentech is bound in terms of statute or contract. In order to ensure that the powers conferred on the Agency in section 5(1)(d) of the Space Agency Bill do not negatively impact upon Sentech's licensed business operations, Sentech requests that the Portfolio Committee considers including a provision in the Space Agency Bill which specifically limits the Agency's rights under section 5(1)(d) to activities which are not already undertaken by any other party in terms of a licence or similar authorisation and to the acquisition, assimilation and dissemination of space satellite data which is not conveyed or transmitted by any other party in terms of a licence or similar authorisation.

10. 10 DD/krs/ Sentech presentation to the PC on Science & Technology on the South African National Space Agency FINAL 04 June 08 FUNCTIONS OF AGENCY cont. Sentech propose section 5(1)(d) to read as follows: “acquire, assimilate and disseminate space satellite data for any organ of State excluding activities which are already undertaken by a public entity in terms of a licence or authorization.”

11. 11 DD/krs/ Sentech presentation to the PC on Science & Technology on the South African National Space Agency FINAL 04 June 08 CONCLUSION Sentech would like to thank the Committee for giving it this opportunity to provide comments on the Space Agency Bill.

12. 12 DD/krs/ Sentech presentation to the PC on Science & Technology on the South African National Space Agency FINAL 04 June 08 THANK YOU