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Letter to SA Dept of Communications: Telecommunications Amendment Bill number 65 of 2001 Submitted by Editor on 19 September, 2001 - 21:23.
Ms R. Schaafsma Dear Mr. Kekana, Bridges.org Analysis and Commentary: Telecommunications Amendment Bill number 65 of 2001 Bridges.org would like to take the opportunity afforded by the Portfolio Committee on Communications to provide written comments on the Telecommunications Amendment Bill that will soon be brought before Parliament. Bridges.org: Who we are and why we care Bridges.org is an international non-profit organization based in South Africa which holds that, if properly used, information and communications technology (ICT) offers huge potential to people in developing countries. ICT has the potential to empower people to overcome development obstacles, to address the most important social problems they face and to strengthen communities, democratic institutions, a free press and local economies. Our mission is twofold: one, tackling the obstacles to ICT use at the grassroots level by helping people understand the technology and its utility, and two, working at the policy level to promote laws and policies that foster technology use. On the policy level, we have already participated in the public debate in the communications arena. Bridges.org has made submissions on the Draft Telecommunications Policy Directions, as well as the Interception and Monitoring Bill. It is our hope that these submissions, along with the range of policy briefs that we have begun to produce, will lay the groundwork for a productive and informative interaction on the policy issues relating to the effective integration of ICT in South Africa. We believe that sound ICT policies established in South Africa will provide an example throughout the continent and among other developing countries. Bridges.org recognises that the South African Government needs to support the growth of the ICT industry, while concurrently ensuring universal and equitable service and access to information and communications technologies to the vast majority of South Africa's population. At the same time we recognise that the Government has a variety of constituencies to serve, and that the goals of one might appear to be at odds with the goals of another. For ICT growth, we believe that these goals will be best met within an enabling legislative environment overseen by an effective regulatory authority. To this end, we are particularly interested in the impact that the Bill will have on the level of certainty created within the telecommunications environment, as well as the ability of ICASA to regulate the environment effectively and with minimum constraint. Our understanding of the current telecommunications policy environment in South Africa Our analysis and commentary, which follow, are based on our understanding of the current telecommunications policy-making environment as described below. The Telecommunications Amendment Bill, currently under consideration by the Portfolio Committee on Communications, resulted from a democratic and consultative process that began with the Telecommunications Policy Colloquium held in February 2001. Intended policy directions were gazetted on 23 March 2001, and drew upon recommendations and submissions made from the ICT sector, the public, policy advisors and stakeholders who attended the colloquium. Following further public comment, the intended policy directions were revised and a new version was released on 26 July 2001. A final review process saw a third version of the policy directions released on 15 August 2001. These directions were included in the current Bill which is under review. This Bill will be brought before Parliament as an amendment to the Telecommunications Act 103 of 1996. Analysis and Commentary Overview A liberalised telecommunications regime is crucial for economic development in South Africa, not only to improve access to telecommunications in previously disadvantaged communities, but also as a vehicle to stimulate demand and growth in the wider community. It is especially important in those sectors where ICT can have its greatest impact -- in small, medium and micro enterprises (SMMEs) -- to enable South Africa to compete globally in the new economy. We accept that the long-term goal of the Government's policy is greater liberalisation, and that the licensing of a Second National Operator (SNO) is an important part of this process. We believe that an important element of the long-term strategy must be consideration of the part that a Third National Operator could play, provided that a suitable stage of market development had been reached. The Amendment Bill clarifies the position of the SNO and Sentech's role. It goes on to provide definitions for a range of services that are currently available and outlines provisions for the introduction of additional services. Bridges.org welcomes the inclusion of the following provisions in the Telecommunications Amendment Bill:
These amendments will benefit all South Africans. Bridges.org believes that the following provisions should be given further consideration: We are concerned that certain provisions in the Bill will have the effect of preventing fair competition and the introduction of new technologies in the telecommunications and ICT environment; fair competition and new technologies would help to increase demand, lower prices and stimulate economic growth. We recommend that these issues be revisited before the final legislation is passed.
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