ICASA outlines conversion process

By Damaria Senne, ITWeb senior journalist

Johannesburg, 08 Sep 2006

The Independent Communications Authority of SA (ICASA) has published a notice outlining the process of converting all licences that fall under its jurisdiction, as well as the schedule for converting the licences.

The 2 000-page document, which ICASA was required to publish within 30 days of the commencement of the Electronic Communications (EC) Act, identifies current licence-holders, the nature of the licences, time frames for converting and services that are exempt from conversion.

"In terms of section 93 of the EC Act, ICASA must convert existing licences by granting one or more new licences in accordance therewith, on terms no less favourable. All licences granted, issued or considered to have been granted or issued in terms of the Telecommunications Act, the Broadcasting Act, the Radio Act or the IBA Act remain valid under the EC Act until converted by the authority," ICASA says in the notice.

The process is arranged into three schedules covering electronic communication licensees, formerly referred to as telecoms, broadcasting and frequency licensees.

End of monopolies

Mike Silber, a consultant with Michalson Attorneys, says, in theory, the licence conversion process should have no impact on the licensees, as the law states that new licences should not have conditions that are less favourable than previously.

The provisions will, however, take away monopolies, such as those enjoyed by Telkom and Sentech, either by removing provisions that cater for them, or by granting other players the same rights, he says.

The likelihood is that there will be a public comment process before the provisions in the new licences are finalised, he adds.

The full document is available for downloading from the ICASA Web site, says ICASA spokesman Jubie Matlou.

A CD of the document is available from ICASA`s library for R150.

Matlou says licensees whose name and/or details do not appear on the schedule, but were providing lawful services when the EC Act was promulgated on 19 July, should contact the authority before 13 October.

ICASA envisages that the conversion process for electronic communications and broadcasting will be completed by June 2007, he adds.