Convergence rules of engagement

Johannesburg, 26 May 2004

Convergence is a term that means different things to different people, which is why it is important for the draft Convergence Bill to be properly clarified before being written into law, says Business Connexion.

The Bill shows that government has recognised that the convergence of technologies - such as audio, video, voice and data - is inevitable, which is why it has made moves to amend legislation in line with what is a global trend.

"Internet Protocol (IP) is the catalyst for bringing such disparate technologies together and is already widely in use through television and radio streams on the Internet, not to mention elements such as IP telephony," says Zappi Von Plato, executive for telecommunications at Business Connexion.

"The end result of convergence will be an end-to-end IP network, with any-to-any connectivity, which aims to provide global mobility and sophisticated multimedia value-added services, although because people have differing definitions for the term 'convergence`, things could become confusing, especially from a carrier point-of-view."

As an example, he points out that it would be difficult to define who would be responsible for the delivery of such services.

"Telkom may be able to run a single line into a house, which can be used to deliver television, telephony and data services. However, is it then necessary for users or consumers to pay the SABC a licence fee, since the broadcaster is not actually delivering the service?" asks Von Plato.

He says that through the drafting of the Convergence Bill, government is aiming to take the appropriate action to make sure that the maximum benefit can be gained from technology as an enabler for bridging the digital divide.

"In essence, where IP is the catalyst driving the convergence of various technologies, the Bill will lay down the rules of engagement."

The Bill is still in draft form and was, until recently, open for discussion or comment from the public and business.

While the majority of industry players appear cautiously optimistic about the Bill, several have gone on record as saying there are elements that remain unclear or inaccurate.

The Communications Users Association of SA (CUASA) has said that while it welcomes the Department of Communications` apparent intentions to ensure the changes in technology are provided for in new legislation, it does feel the drafting has been rushed.

"It [the Bill] is extremely short on issues such as what exactly convergence means, how the proposed services are defined, what the scope of the new envisaged licences are and how this Act relates to other pieces of legislation," CUASA spokesman Ray Webber said earlier this year.

The Internet Service Providers` Association (ISPA) feels positive about it, and states that since there has been so much interest in the draft legislation, it hopes that the authorities will digest these comments and there will be another draft that will provide more clarity.

"The proposed convergence legislation, if it is re-worked properly, is just what SA needs. If it is put together correctly, it could be very, very useful to the industry," says Ant Brooks, co-chairman of the regulatory subcommittee at ISPA.

According to Von Plato, Business Connexion hopes that government will have the Bill finalised by the end of the year, "which should open up an array of new opportunities for business in SA".