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ICT policy proposes new regulatory functions

Simnikiwe Mzekandaba
By Simnikiwe Mzekandaba, IT in government editor
Johannesburg, 06 Oct 2016
ICASA's functions remain uncertain as the ICT policy white paper proposes two entities to oversee regulation.
ICASA's functions remain uncertain as the ICT policy white paper proposes two entities to oversee regulation.

The National Integrated ICT Policy White Paper has set out new guidelines for governance and regulation of the ICT sector, raising questions about the future of the Independent Communications Authority of SA (ICASA).

The regulatory functions of SA's communications, broadcasting and postal services sectors are currently overseen by ICASA.

ICASA also monitors licensee compliance, develops regulations for the three sectors, plans and manages the radio frequency spectrum, as well as protects consumers of these services.

The new ICT policy white paper, however, proposes two separate entities to support the regulation of broadcasting content, and infrastructure and networks.

ICASA spokesperson Paseka Maleka told ITWeb the regulator received the white paper upon publication in the Government Gazette, and is considering its contents.

"ICASA is therefore not in a position to comment at this stage," he says.

Change it up

According to the white paper, regulation and governance of the ICT sector is spread across the ministry, ICASA, .zaDNA and Universal Services Agency of SA, which has resulted in overlaps and duplication of roles and a lack of coordination between the different entities.

The white paper also notes there are different constitutional imperatives for the broadcasting and infrastructure resources.

The policy stresses the need for coherent, coordinated and effective governance and regulation of the ICT sector. "National legislation must establish an independent authority to regulate broadcasting in the public interest, and ensure fairness and a diversity of views broadly representing South African society.

"Regulation of infrastructure and networks, however, needs to be underpinned by different constitutional considerations, such as those related to equality of access to services, fair competition, consumer protection and administrative justice."

In terms of the other regulatory entity, the white paper proposes: "Governance and regulation across the ICT value chain (including the Internet value chain) will be consolidated into one entity.

"The integrated regulator will have sole responsibility for overseeing and promoting Internet governance, licensing and regulation of networks, services, spectrum and other scarce ICT-related resources, to achieve the objectives set in policy and law."

Long overdue

Last week, minister in the Presidency Jeff Radebe announced the much-anticipated ICT policy white paper, which has been three years in the making, and replaces the separate white papers on telecommunication (1996) and postal services (1998).

Speaking about the ICT policy white paper last Sunday, Department of Telecommunications and Postal Services minister Siyabonga Cwele said it sets out a framework of how government wants to provide access to modern communications infrastructure and services to facilitate the entry of new players and meaningful participation of all citizens.

Cwele said because regulation and governance of the ICT sector is spread across different entities, there has been much duplication.

In this regard, the policy outlines different roles and mandates of the various actors, he said. "All policy functions will be consolidated and assigned to government. All regulatory responsibilities will be assigned to the regulator.

"This regulator will oversee and promote Internet governance, licensing and regulation of networks, services, spectrum and other scarce ICT-related resources to achieve the objectives set in policy and law."

More confusion, less consolidation

Similar to 2014, when president Jacob Zuma decided to split SA's telecoms ministry and place the regulator under a new government communications department, ICASA's troubles are sure to continue.

Research director at Market Monitor Richard Hurst says the splitting of regulatory functions will only serve to duplicate effort and create confusion.

The recommendation also appears to go contrary to the path that technologies, services and content are taking towards convergence, he states.

"And while these splits may seem simple and straightforward, we can expect to see similar 'turf wars' erupting and distracting these regulatory agencies from their main objectives.

"The additional confusion, lack of clarity and delays in dealing with key issues such as the allocation of spectrum will only serve to hamper the development of ICT in the country," says Hurst.

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