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Explore the Convergence Bill of 2005, its importance, main objectives, and structure to promote innovation, competition, and convergence in the sector.
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Convergence Bill Department of Communications Director-General: Lyndall Shope-Mafole 2005
What is convergence in ICT • Ability to transmit or receive text, audio images, video, data or any other signal previously transmitted on separate and distinct networks,in a single network electronic transport medium.
Current approach to licensing • Licences are service-specific as well as technology specific • Telecomms Broadcasting - PSTS - Free to air TV -VANS - Free to air radio - Mobile - Signal distribution
Main objective • The convergence Bill recognises the Republic’s national objective of universal service and access • Convergence of electronic communications: • Telecommunications • Broadcasting • Internet and data communications
Background • Industry colloquim in July 2003, and participation of industry in drafting the Bill • The Bill was approved by Cabinet for publication on 3rd December, 2003 to be published for public comments • 65 public comments were received and considered by the Department • Inter-Departmental Committee was established to finalise integration of comments • Final approval by Cabinet February 2005
Why convergence Bill • Convergence will enable provision of conventional services • Wide range of services • New economies of scale and scope in the industry and in the country • Greater access and choice of services and products • Communications cost reduction for business and citizens • Rationalization of multiplicity of Acts
Outline of the Bill The Bill consists of 14 chapters • Chapter 1:Introductory provisions • Chapter 2: Policy and regulations • Chapter 3: Licencing framework • Chapter 4: Communications networks and Communications facilities • Chapter 5: Frequency spectrum • Chapter 6 : Technical equipment and standards
continue • Chapter 7: Interconnection • Chapter 8: Communications facilities leasing • Chapter 9: Broadcasting services • Chapter 10 : Consumer issues • Chapter 11: General • Chapter 12: Universal service agency • Chapter 13: Transitional provisions
Chapter 1 Introductory Provisions • Provides for definitions • Objects of the Act The primary objective of the Bill is the promotion of convergence in the sector, encouragement of innovation and promotion of competition. It is informed by the objects of other related Acts
Chapter 2 Policy and regulations • Provide clarity between the role of the Minister on policy making and ICASA’s expanded role on regulations making.
Chapter 3 Types of licences • Individual licences • Network services • Frequency spectrum licences • Broadcasting licences • Class licences • Communications services • Other services to be prescribed by ICASA
Chapter 4 • Communications Networks and Facilities • The roll out of Facilities • Provision of fast deployment of facilities (The chapter has been transferred from Telecommunications Act with minor amendments)
Chapter 5 • Radio Frequency Spectrum • Provides for the Control of spectrum • Provides for clarity on the role of The Minister and the role of ICASA in allocating spectrum • To be licensed as individual licences • Minister’s role only on spectrum plan and spectrum allocation to security agencies. (The chapter has been transferred from Telecommunications Act with minor amendments)
Chapter 6 • Technical equipments and standards • The chapter has been transferred from Telecommunications Act with minor amendments • ICASA to type approve equipment • Prescribe technical standards
Chapter 7 & Chapter 8 • Interconnection & Facilities leasing • Regulation of interconnection and leasing of facilities between licensees • Promote competition by • regulating wholesale rates • guideline for determination of major operators • Resolution of disputes between licensees • Promote fair treatment of licensees
Chapter 9 • The chapter has been transferred from the Broadcasting Act • Provision of Broadcasting services • Prohibition on other Broadcasting activities: • Political advertising • Coverage of elections • Control over advertisements • Treatment of political parties
Chapter 10 • Consumer Protection • Code of conduct to be prescribed by the Authority • Retail and Wholesale tariffs to be prescribed by the authority where there is ineffective competition
Chapter 11 • ICT’s for government services • Competition matters • Numbering • Carrier pre selection • Directory services • Offences • Emergency services • Licences granted interms of Broadcasting and IBA Acts
Chapter 12 • Universal Service Agency and Universal Service Fund • To include convergence related matters such the replacing the telecommunications word in the section.
Chapter 13 • Transitional provisions for existing licences - Existing licences and regulations isued in terms of Telecomms Act, Broadcasting , IBA, to continue to exist and valid - Existing licences will be migrated into new categories within 12 months - Terms and conditions must not be less favorable