The Telecommunications Amendment Act 64 of 2001

1. The Telecommunications Amendment Act 64 of 2001 ISPA Internet Week Michael Silber 12 September 2002

2. Table of Contents • Telecommunications Amendment Act overview • Select issues • SNO • Sentech • VANS • VPNs • VoIP • Other Issues

3. High Level Overview of the Telecommunications Amendment Act

4. Carrier of Carriers Multi-media Fixed Mobile International Telecommunications Service Mobile Cellular Private Telecommunications Network Resale SNO VoIP 3G VANS TA Act concepts at a glance

5. Objects (added) • Convergence of telecommunication broadcasting and IT • Bridge digital divide

6. VANS Definition a telecommunication service provided by a person over a telecommunication facility, which facility has been obtained by that person in accordance with the provisions of section 40 (2) of the Act, to one or more customers of that person concurrently, during which value is added for the benefit of the customers, which may consist of - • any kind of technological intervention that would act on the content, format or protocol or similar aspects of the signals transmitted or received by the customer in order to provide those customers with additional, different or restructured information • the provision of authorised access to, and interaction with, processes for storing and retrieval of text and data • managed data network services

7. PTN Definition a telecommunication system provided by a person for purposes principally or integrally related to the operations of that person and which is installed onto two or more separate, non-contiguous premises and where the switching systems (nodes) of at least two of these premises are interconnected to the public switched telecommunication network as contemplated in section 41

8. 1800 Spectrum & 3G • 6 months or longer • Mobile cellular – MAY apply and ICASA SHALL assign • Subject to payment and conditions • Band Plan – clear band • SNO and Telkom – Deemed holders for PSTS • Telkom MAY apply and ICASA SHALL ….. • Co-operation between licence holders

9. PSTS Licences • 2 years – SNO may use Telkom facilities “on a resale basis” in accordance with agreements • No agreement – may request ICASA to resolve • Market study, one or more additional PSTS licences – 31 December 2003 • Additional licences by 8 May 2005 • Service based competition • Use of facilities

10. SNO and Qualification • No less favourable T&Cs than Telkom • Transnet & Eskom, equity set aside AND final determination • Based on contribution – cash, assets, rights • Servitudes

11. Sentech • International telecommunication gateway service to provide “carrier of carriers” licence • Multimedia service licence • Multimedia service – common carrier, reasonable, equitable and non-discriminatory • Grant other multimedia licences after a date determined • FOUR licences granted – May 2002 (each service licence and a spectrum licence) • Holder of a telecommunications service licence is not precluded from multimedia if in terms of licence • Prohibition on “voice only”

12. Content of PSTS 1 of 3 • national long-distance telecommunication service • international telecommunication service • local access telecommunication service contemplated in section 39 • public pay-telephone service • maritime telecommunication service • Telegrams • fixed-mobile services • supply of telecommunications equipment

13. Content of PSTS 2 of 3 installation, bringing into service, maintenance and repair of that part of the public switched telecommunication network that is provided, maintained and operated by the public switched telecommunication services licensee for the purposes of providing any telecommunication service, such as the provision of telecommunication circuits for - • private circuits • links between sites of the same operator or multiple operators • facilities used for the provision of private networks • telecommunication facilities used for the provision of VANS • facilities used for the provision of telecommunication services in under-serviced areas contemplated in section 40A; • facilities used to provide VoIP • 3G • facilities to provide 1800 fixed-mobile services

14. Content of PSTS 3 of 3 • any other service reasonably complementary to the provision of those services (whether provided on a fixed or fixed mobile basis) such as the provision, repair and maintenance of equipment located on a customer's premises and any other telecommunications apparatus of any kind

15. Content of PSTN • telecommunication systems which are installed or otherwise provided, maintained and operated by a PSTS licensee for the purpose of providing PSTS and fixed-mobile services such as – • a local access network • a national long-distance network • an international network by whatever means such as copper cables, wireless loops, microwave links, optic fibre cables, satellite earth stations, space segments and satellite systems, by means of which signals can be conveyed between all or any of - • Terminal and network connection points or a combination thereof (also pay-telephones, customer premises equipment, including mobile) • Need not be in same country

16. Mobile & VoIP • Cell C • Market Study – 31 December 2003 • Under-serviced area licence • Teledensity >5%

17. Procedural • Large number of minor changes • Check the Act carefully • Streamline the process

18. Non-Telecommunications Act Issues: PROATIA & Data Protection

19. Non-TA Act Issues: PROATIA & Data Protection • Public and private sector • Excludes protection of personal data • Included in ECT Act on voluntary basis for data messages • May be moved to dedicated legislation • Creation of a manual • Extension of time limits

20. Questions???

21. DISCLAIMER This is NOT legal advice I am NOT liable I DON’T have any money By remaining seated you have accept these terms Azerbaijiani Law applies