The Telecommunications The Telecommunications

Amendment Act 64 of 2001Amendment Act 64 of 2001

ISPA Internet WeekMichael Silber

12 September 2002

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Table of ContentsTable of Contents

• Telecommunications Amendment Act overview

• Select issues SNO

Sentech

VANS

VPNs

VoIP

• Other Issues

High Level Overview of the High Level Overview of the

Telecommunications Amendment ActTelecommunications Amendment Act

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TA Act concepts at a glanceTA Act concepts at a glance

• Carrier of CarriersCarrier of Carriers• Multi-mediaMulti-media• Fixed MobileFixed Mobile• International Telecommunications ServiceInternational Telecommunications Service• Mobile CellularMobile Cellular• Private Telecommunications NetworkPrivate Telecommunications Network• ResaleResale• SNOSNO• VoIPVoIP• 3G3G• VANSVANS

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Objects (added)Objects (added)

• Convergence of telecommunication broadcasting and IT

• Bridge digital divide

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VANS DefinitionVANS Definition

a telecommunication service provided by a person over a telecommunication facility, which facility has been obtained by that person in accordance with the provisions of section 40 (2) of the Act, to one or more customers of that person concurrently, during which value is added for the benefit of the customers, which may consist of -

any kind of technological intervention that would act on the content, format or protocol or similar aspects of the signals transmitted or received by the customer in order to provide those customers with additional, different or restructured information

the provision of authorised access to, and interaction with, processes for storing and retrieval of text and data

managed data network services

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PTN DefinitionPTN Definition

a telecommunication system provided by a person for purposes principally or integrally related to the operations of that person and which is installed onto two or more separate, non-contiguous premises and where the switching systems (nodes) of at least two of these premises are interconnected to the public switched telecommunication network as contemplated in section 41

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1800 Spectrum & 3G1800 Spectrum & 3G

• 6 months or longer

• Mobile cellular – MAY apply and ICASA SHALL assign

• Subject to payment and conditions

• Band Plan – clear band

• SNO and Telkom – Deemed holders for PSTS

• Telkom MAY apply and ICASA SHALL …..

• Co-operation between licence holders

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PSTS LicencesPSTS Licences

• 2 years – SNO may use Telkom facilities “on a resale basis” in accordance with agreements

• No agreement – may request ICASA to resolve

• Market study, one or more additional PSTS licences – 31 December 2003

• Additional licences by 8 May 2005

• Service based competition

• Use of facilities

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SNO and QualificationSNO and Qualification

• No less favourable T&Cs than Telkom

• Transnet & Eskom, equity set aside AND final determination

• Based on contribution – cash, assets, rights

• Servitudes

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SentechSentech

• International telecommunication gateway service to provide “carrier of carriers” licence

• Multimedia service licence• Multimedia service – common carrier, reasonable,

equitable and non-discriminatory• Grant other multimedia licences after a date

determined• FOUR licences granted – May 2002 (each service

licence and a spectrum licence)• Holder of a telecommunications service licence is not

precluded from multimedia if in terms of licence• Prohibition on “voice only”

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Content of PSTS Content of PSTS 1 of 31 of 3

• national long-distance telecommunication service

• international telecommunication service• local access telecommunication service

contemplated in section 39• public pay-telephone service• maritime telecommunication service• Telegrams• fixed-mobile services• supply of telecommunications equipment

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Content of PSTS Content of PSTS 2 of 32 of 3

installation, bringing into service, maintenance and repair of that part of the public switched telecommunication network that is provided, maintained and operated by the public switched telecommunication services licensee for the purposes of providing any telecommunication service, such as the provision of telecommunication circuits for -

private circuits links between sites of the same operator or multiple operators facilities used for the provision of private networks telecommunication facilities used for the provision of VANS facilities used for the provision of telecommunication services in

under-serviced areas contemplated in section 40A; facilities used to provide VoIP 3G facilities to provide 1800 fixed-mobile services

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Content of PSTS Content of PSTS 3 of 33 of 3

• any other service reasonably complementary to the provision of those services (whether provided on a fixed or fixed mobile basis) such as the provision, repair and maintenance of equipment located on a customer's premises and any other telecommunications apparatus of any kind

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Content of PSTNContent of PSTN

• telecommunication systems which are installed or otherwise provided, maintained and operated by a PSTS licensee for the purpose of providing PSTS and fixed-mobile services such as –

a local access network a national long-distance network an international network

by whatever means such as copper cables, wireless loops, microwave links, optic fibre cables, satellite earth stations, space segments and satellite systems, by means of which signals can be conveyed between all or any of -

Terminal and network connection points or a combination thereof (also pay-telephones, customer premises equipment, including mobile)

Need not be in same country

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Mobile & VoIPMobile & VoIP

• Cell C

• Market Study – 31 December 2003

• Under-serviced area licence

• Teledensity >5%

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ProceduralProcedural

• Large number of minor changes

• Check the Act carefully

• Streamline the process

Non-Telecommunications Act Non-Telecommunications Act

Issues: PROATIA & Data ProtectionIssues: PROATIA & Data Protection

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Non-TA Act Issues: PROATIA & Data Non-TA Act Issues: PROATIA & Data ProtectionProtection

• Public and private sector

• Excludes protection of personal data Included in ECT Act on voluntary basis for data

messages

May be moved to dedicated legislation

• Creation of a manual

• Extension of time limits

Questions???Questions???

DISCLAIMERDISCLAIMER

This is NOT legal adviceI am NOT liableI DON’T have any moneyBy remaining seated you have accept these termsAzerbaijiani Law applies