Icasa on decision by T Mbeki on Icasa Amendment Bill

24 April 2006

The Independent Communications Authority of South Africa (Icasa) welcomes
the President’s decision to send the Icasa Amendment Bill back to Parliament,
in order to remedy its defects in line with provisions of the Constitution and
to enshrine those important values in our enabling legislation.

While Icasa looks forward to a commencement date for the Electronic
Communications Act No. 36 of 2005 (ECA), it is critical that the Icasa
Amendment Bill, with which it is inextricably linked, is constitutionally
sound. The commencement date of the ECA will not alter the regulatory landscape
overnight and there are extensive transitional measures and a two year period
in which they will be implemented. As there are no current indications as to
the timelines for the revision on the Amendment Bill, Icasa re-affirms that it
will continue with all current regulatory and licensing processes underway
including for example, interconnection and facilities leasing, the licensing of
the commercial satellite subscription and cable broadcasting services,
secondary market radio services, under-serviced area licences (USALs), the
community radio regulatory review, etc, in terms of the existing laws.

To facilitate the process regarding the Icasa Amendment Bill, the Authority
re-affirms its original position submitted to the Parliamentary Portfolio
Committee on communications last year that called for the retention of the
current provisions of the Icasa Act, intended to strengthen the regulator’s
Independence. The independence of the regulator is essential for the growth and
development of the electronic communications sector, investor confidence and
regulatory certainty, particularly as it enters a new legislative
framework.

Please find the Electronic Communications Act through the Icasa website,
http://www.icasa.org.za or http://www.pmg.org.za/docs/2006/deptdocs/2005act36.pdf.

Enquiries:
Jubie Matlou
Tel (011) 321 8230
Cell: 082 376 0015

Issued by: Independent Communications Authority of South Africa
24 April 2006
Source: Independent Communications Authority of South Africa (http://www.icasa.org.za)