Convergence, ICASA Bills approved

By Paul Vecchiatto, ITWeb Cape Town correspondent

Cape Town, 04 Nov 2005

Parties in the National Assembly yesterday unanimously passed the second readings of the Electronic Communications Bill (formerly the Convergence Bill) and the ICASA amendment Bill, sending them onto their last processes before becoming law.

Both will now be sent to the National Council of Provinces, which acts as a second house of Parliament, before finally being sent to President Thabo Mbeki for signing. Both are expected to be in effect around 1 January.

While the Electronic Communications Bill received praise from all the parties, the ICASA Amendment Bill (which regulates the Independent Communications Authority of SA), came in for some heavy criticism. However, all parties said it was necessary to approve it because the two bits of legislation are closely linked.

Minister of communications, Ivy Matsepe-Casaburri, said: "The Electronic Communications Bill would make rural areas 'more sexy` for network operators."

Portfolio Committee on Communications chairperson Mpetjane Kekgoro of the ANC defended the ruling party`s stance on preserving the minister`s policy-making powers.

"The role of the executive in licensing and the allocation of bandwidth spectrum has to be preserved. This is part of the policy of managed liberalisation where we will see that no longer will one party dominate one area such as the landing sites for the undersea cable."

'Big deal`

Opposition MP Dene Smuts (DA) called the Electronic Communications Bill a "big deal, because it will free up competition in the telecommunications sector".

Smuts said the Bill frees up value-added network services to self-provision and gives them the right to interconnect. "This is where the real telecommunications competition will come from."

Suzanne Vos (IFP) said time would tell if this Bill was "trick or treat". She added that wearing her Telkom account at a recent Halloween party had given her the scariest costume.

Vincent Gore (Independent Democrats) said not enough thought was given to the legislation`s impact on the second economy (informal sector) and that "real competition will only be realised once the core network is opened up".

ICASA Bill criticised

All the opposition parties criticised the ICASA amendment Bill for the attempt to take the councillor appointment process out of Parliament`s hands, which they said would have led to a constitutional challenge.

Smuts praised the ruling ANC MPs for "having seen sense" in using her party`s solution of Parliament appointing the members of the independent panel instead of the minister.

She also referred to the Department of Communications` attempt to change the draft legislation, contrary to what the MPs had agreed to, as "an undisguised attempt to take over ICASA".

Transfer responsibility

During the debate, Smuts proposed that the shareholder responsibility exercised by the Department of Communications in Telkom, the second national operator and the SA Broadcasting Corporation should be transferred to the Department of Public Enterprises to lessen the conflict of interests as seen in the current situation.

Matsepe-Casaburri said she would take that matter to Cabinet.