The Electronic Communications Amendment Bill has been published for comment.
The Electronic Communications Amendment Bill has been published for comment and aims to introduce an array of significant amendments to the Electronic Communications Act .
“What is apparent from the proposed amendments is that the ECA will be impacted to a substantial degree. It is, therefore, paramount that businesses be mindful of the proposed amendments and are aware of the impact they may have in the future.”1. New license category ICASA will have to approve any sharing of high demand spectrum due to the importance of mobile competition but may also need to be notified of spectrum that is not in high demand. The Bill prescribes that when ICASA is determining the potential competition impact, they may consult the Commission.
The Bill aims to empower ICASA to prescribe regulations which regulate the roaming agreements and pricing with international service providers.In terms of the Bill, licensees will be regulated and will have to lease facilities. The amendment will replace the reasonability test for access with principles of access prescribed by ICASA. Therefore, when ICASA denies access, consideration would be in terms of reasonableness but rather the principles of access.
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