By the time this column is published, a group of people will be meeting to finalise a response to the draft of the Convergence Bill, which is scheduled to go before Parliament later this year.
The Internet Service Providers` Association (ISPA) has already had a four-hour meeting to discuss its response to the draft Bill, which was aimed at clarifying local telecommunications and broadcasting legislation.
Unfortunately, the Convergence Bill seems to be doing anything but bring clarity. Rather, it is adding to the regulatory confusion by introducing class licences and individual licences, the sole aim of which is to make the Independent Communications Authority of SA (ICASA) self-funding.
Unfortunately, the Convergence Bill seems to be doing anything but bring clarity.
Paul Vecchiatto, journalist, ITWeb
Ironically, this comes at a time when ICASA has come under fire for backing down from a clash with the SABC on a controversial live broadcast of the ANC`s election manifesto.
Just as ICASA seems to have missed the point about the broadcast and the objections to it, so does the Convergence Bill seem to be missing an opportunity to set the telecommunications legislation on a footing that will inspire confidence and expand the industry.
As one of the attendees at the ISPA meeting said: "Definitions are the building blocks of legislation and if they cannot get clarity there, we will have a serious problem in the future."
Some of the problems identified by ISPA and others who have waded through the draft Bill include typographical and spelling errors, confusing definitions, cross-references to other Acts or the lack thereof that confuse an issue, and then the self-funding model for ICASA.
Questions have also been raised about the timing of ICASA`s move to a self-funding model. ISPA members feel there needs to be clarity on how the authority will be funded during the transition phase.
ISPA members also feel the move to a stronger regulator would be good for the industry, as it still believes there is not enough on the accountability of ICASA and its councillors. This includes some concern over the councillors` delegation of authority and responsibility to ICASA employees.
While there are still many other points of contention, the overall feeling is that the Convergence Bill, in its present form, represents a missed opportunity.
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