/ 4 December 2003

Draft SA Convergence Bill published for comment

The South African Department of Communications (DOC) on Wednesday published a draft Convergence Bill for comment by industry players and the public within 60 days.

Once the comments have been incorporated within a revised Bill, it will be presented to cabinet for approval in March 2004, but next year’s Parliamentary elections may delay its passage so that it may only become an Act in the second half of 2004.

The draft Bill is largely the outcome of a colloquium held under the auspices of the DOC on July 15 and 16 this year. The draft Bill’s aim is “to promote convergence in the broadcasting, telecommunication and signal distribution sectors.”

The Colloquium Communiqué set out the following aims that have largely been

incorporated in the draft Bill:

  • The need to change the licensing structure from a vertical to a horizontal regime and mechanisms need to be defined for the transition to the new licence regime;

  • The need for an orderly movement to a new market structure;

  • The need for a new licencing regime that should place emphasis on technology neutrality, spectrum licencing that is transparent and equitable, and spectrum allocation based on the concept of scarce resource management and national interest;

  • The need to change the regulatory regime to “light touch” with the emphasis on self-regulation, co-regulation, encouraging effective competition, open, fair and equal access, faster and more efficient processes, with a strengthened and well-resourced regulatory agency;

  • The need to strengthen mechanisms for ensuring that there is effective competition in the new converged industry; and

  • The need to encourage local content creation and applications development.

    South Africa’s director general (DG) of communications Andile Ngcaba, who will enter the private sector when his contract ends in January 2004, said he hoped that the draft Bill met industry expectations.

    He said that the Minister of Communications Ivy Matsepe-Casaburri would in all likelihood name a new DG early next year. – I-Net Bridge