PRESENTATION ON POLICY GUIDELINES ON THE RAPID DEPLOYMENT OF ELECTRONIC COMMUNICATIONS FACILITIES 19 FEB 2008(PCC)

In terms of Chapter 4 (section 21) of the Electronic Communications Act, 2005 (Act No. 36 of 2005) the Minister of Communications must in consultation with the Minister of Provincial and Local Government, the Minister of Land Affairs, the Minister of Environmental Affairs, the Authority and other relevant institutions, develop guidelines for the rapid deployment and provisioning of electronic communications facilities. The policy guidelines strive to secure a consistent jurisdictional and regulatory framework applicable to the rapid deployment of electronic communications facilities throughout the Republic and, in particular, interconnectivity to the global Internet through international undersea fiber cables. BACKGROUND

Major policy factors in the world Current legislations around the world attempt to identify and separate the following: Undersea cables Landing stations International gateways success of any policy depends on implementation and careful monitoring of developments e.g

Regulatory measures implemented around the world Singapore: regulator prescribed that access to cable landing stations be under specified terms and prices Mauritius: regulator worked out a costing model to derive a price for each circuit acquired Nigeria: currently separating SAT-3 capacity and facility as independent operations from the incumbent telco’s

PREAMBLE TO THE POLICY GUIDELINES Rapid development of robust, reliable and affordable ICT infrastructure that enables the provision of broadband services to stimulate economic growth; To develop ICT policies and legislation that support the development of an ICT sector; To meet the country’s increasing requirement for international connectivity; To provide for a rapid approval of landing authorizations for sub-marine cables; To advance the principles and objectives of Nepad; To invest and increase Government’s presence in the submarine cable space globally; International gateways and submarine cables are critical infrastructure with national security implications that require special governmental attention; and To promote and support African ownership and control of electronic communications facilities. foundation for the vision of the ISAD Plan and consequently the work- programme of the ISAD Cluster….. Geneva, Switzerland in 2003 Declaration of Principles Plan of Action Tunis, Tunisia in 2005 Tunis commitment Tunis Agenda for the Information Society

KEY PROVISIONS OF THE GUIDELINES General Provisions -All under sea cables to be landed or operated with the authorization by the Minister -Authorization not transferable Qualification Criteria for Granting of Authorisations -Only individual electronic communications network service licensees -A combined equity ownership can be held individually or jointly with other African entities to have equal, or greater together have 51%. -Individual electronic communications network service licensees may file the application together if each owns less than 51% to meet the criteria if both South Africans. foundation for the vision of the ISAD Plan and consequently the work- programme of the ISAD Cluster….. Geneva, Switzerland in 2003 Declaration of Principles Plan of Action Tunis, Tunisia in 2005 Tunis commitment Tunis Agenda for the Information Society

Continue- The content of application for authorization -Details of the company -Ownership interests of the entities in the application -Minister to publish the applications in the gazette.

Continue- Permits, authorization and approvals by the Minister -Minister to consult with other relevant structures of government, such as DEAT, National Security and etc. -The Minister may request additional information on the entities

continue Dispute resolution -Disputes are to be referred to the Complaints and Compliance Committee (ICASA Act) Enforcement of the guidelines. - Minister may withdraw an authorization if the holder fails to comply.

RECOMMENDATION Guidelines are now ready to be published for public comments. Preamble is also attached to the guidelines for easy referencing foundation for the vision of the ISAD Plan and consequently the work- programme of the ISAD Cluster….. Geneva, Switzerland in 2003 Declaration of Principles Plan of Action Tunis, Tunisia in 2005 Tunis commitment Tunis Agenda for the Information Society

THANK YOU foundation for the vision of the ISAD Plan and consequently the work- programme of the ISAD Cluster….. Geneva, Switzerland in 2003 Declaration of Principles Plan of Action Tunis, Tunisia in 2005 Tunis commitment Tunis Agenda for the Information Society