News / E-Bulletin
May 26,2022
On 21 January 2022, the Botswana Communications Regulatory Authority (BOCRA) published its Broadband Facts and Figures Report for 2021, which offers descriptive insight into the broadband market in Botswana.
On 23 March 2022, BOCRA published its Type Approval Repair Services Provider Guidelines, which are aimed at, among others, protecting consumers against the adverse effects of poor repair and maintenance services which could be detrimental to the health and safety, providing for the accreditation of Repair Service Providers, ensuring that Type Approved devices are repaired in accredited Repair Service Provider Centres as approved by the Authority and that consumers get full after-sales support.
On 23 March 2022, BOCRA published its Registrar Accreditation Agreement Policy, which sets out the standard terms of the agreement between the Authority and Registrars who, through accreditation, are authorised to accept and process applications to register Domain Names in the Country Code Top Level Domains specified therein.
On 23 March 2022, BOCRA published its Botswana Domain Name (.BW) Registration Terms and Conditions, which sets out the processes and procedures for the use of the .bw domain names by Registrants and the additional agreements (if any) that may be entered into between the Registrant and Accredited Registrars relating to domain name services in Botswana.
On 23 March 2022, BOCRA published its Acceptable Use Policy, which sets out the actions prohibited to users of BOCRA’s Registry and applies to all .bw Domain Names.
On 23 March 2022, BOCRA published its Guidelines on the Use of Short-Range Devices in Botswana, which guides frequency bands, technical standards and regulatory requirements for the use of Short-Range Devices.
On 25 March 2022, BOCRA published a Public Notice regarding the Implementation of the New Licence Fees for the Postal Sector, which sets out BOCRA’s revised licence fees for the postal sector. The revised fees were implemented from 1 April 2022.
On 25 March 2022, BOCRA published application requirements for the following provisional licences, which were implemented from 1 April 2022: (i) Provisional Television Content Service Provider Licence; (ii) Provisional Services and Application Provider Licence; (iii) Provisional Network Facilities Provider Licence; and (iv) Provisional Commercial Postal Operator Licence.
On 4 March 2022, the following laws were gazetted:
The Data Protection Act, 2022 and the Computer Crime and Cybercrime Act, 2022 came into force on their date of publication in the Gazette, i.e. 4 March 2022. The Electronic Communications and Transactions Act, 2022 will come into force on such date as the Minister of Information, Communication and Technology may, by notice published in the Gazette, determine.
On 14 February 2022, the Eswatini Communications Commission’s (ESCCOM) published Guidelines for Radio Frequency Spectrum Licensing, 2022, which came into effect on 1 January 2022.
On 10 March 2022, ESCCOM published the Broadcasting (Digital Terrestrial Television) Guidelines, 2022 for public comment. The purpose of these Guidelines is to provide a licensing and regulatory framework for Digital Terrestrial Television services in Eswatini. Comments were due by 9 April 2022.
On 11 March 2022, ESCCOM published the Broadcasting (Content) Guidelines, 2022 for public comment. The objectives of these Guidelines are to – (i) provide regulatory guidance on content broadcasting to ensure high-quality broadcasting services in Eswatini; and (ii) enhance the Broadcasting Guidelines, 2017, with regards to content regulation as spelt out in the Broadcasting Guidelines. Comments were due by 10 April 2022.
On 1 March 2022, ESCCOM published the Draft Business Continuity and Disaster Recovery Planning Guidelines for ICT Sector. The purpose of the Disaster Recovery Planning Guidelines is to – (i) ensure the continued availability of electronic communications services within the Kingdom of Eswatini; (ii) supplement the Regulatory Framework for Quality of Service for the ICT Industry in the Kingdom of Eswatini; and (iii) provide specific guidance for Regulated Entities: The deadline for comments was 31 March 2022.
On 15 March 2022, ESCCOM published the Post and Telecommunications Corporation Wholesale Rates which came into operation on 1 April 2022.
On 6 April 2022, ESCCOM published the Fixed Terrestrial Services Band Plan 2022 for Eswatini, which sets out the frequency bands allocated for Fixed Services in Eswatini as well as the channelling arrangements for these allocated bands.
On 14 March 2021, the National Communications Authority of Ghana published the Quarterly Statistical Bulletin on Communications for Q3 of 2021, which is a reference document that sets out segregated data, industry trends and analysis of the communications sector in Ghana.
On 9 February 2022, the Communications Authority of Kenya (CA) published its Citizen Service Delivery Charter for public consultation. The deadline for comments was 18 March 2022.
On 22 March 2022, the CA published the Draft Industry Guidelines for Child Online Protection and Safety in Kenya for public consultation. The Guidelines provide safeguards for children’s access to and use of ICT services in Kenya. They form a basis for the design, development, deployment, commissioning, use, management, sale, marketing and publicity of communications products and services in Kenya that may be accessed and/or targeted for use by children. The deadline for comments is 22 April 2022.
On Kenya Film Classification Board (KFCB) published a Public Notice, Consultation Paper and the Proposed Co-Regulation Framework for Broadcast and Over the Top (OTT) / Video on Demand (VOD) Services. In terms of the Notice, the CA invites comments on the proposed co-regulatory framework for broadcast and OTT/VOD services, which seeks to set the procedure for classification of audio-visual content prior to exhibition in the country on various broadcasting platforms, including broadcasting services, OTT an VOD services. The deadline for comments was 11 April 2022.
On 22 March 2022, the Office of the Data Protection Commission published the Alternative Dispute Resolution (ADR) Framework for public comment. The ADR Framework was prepared to guide stakeholders who wish to engage in ADR to resolve their data protection disputes arising under the Data Protection Act, 2019. Comments were due by 14 days from the date of publication, i.e. 5 April 2022.
On 21 February 2022, the Lesotho Communications Authority (LCA) published the Draft Consumer Protection Guidelines and Procedure of 2022 for public and stakeholder input. The objective of the draft Consumer Protection Guidelines and Procedure is to facilitate achievement of adequate protection of consumers of telecommunication, broadcasting, postal and courier services in Lesotho by outlining the rights and obligations of the consumers and service providers. Moreover, the draft Consumer Protection Guidelines prescribe the steps that have to be followed by consumers when lodging complaints against service providers. The deadline for comments was 18 March 2022.
On 21 February 2022, the LCA published the Draft Quality of Service Rules, 2022 for stakeholder input. The objective of the draft Rules is to implement a quality of service regulatory framework in which quality of service will be measured, reported and published based on definitions and measurement methodology prescribed in these draft Rules. Moreover, these draft Rules are intended to protect the interests of consumers of telecommunications, postal and courier services and create conditions for customer satisfaction by making known the quality of service which the licensee is required to provide and which the user has a right to expect. The deadline for comments was 18 March 2022.
On 26 January 2022, the Malawi Communications Regulatory Authority (MACRA) published the Draft Communications (Electronic Communications Facilities Installation) Rules, 2022. The objective of these Rules is to set the minimum standards and requirements for installation and upgrade of electronic communications infrastructure.
On 26 January 2022, MACRA published the Draft Communications (Prohibited and Restricted Postal Articles) Rules, 2022. The objective of these Rules is to ensure that there is high quality of service of postal and courier services.
On 26 January 2022, MACRA published the Draft Communications (Postal Services) Regulations, 2022. These Regulations prescribe the licensing requirements and general terms and conditions applicable to postal services. They also set out the requirements regarding the delivery of postal articles and disposal of undelivered postal articles, the sale and use of postage stamps, compensation for loss of registered or insured postal articles, and various other provisions applicable to postal service licensees.
On 14 April 2022, MACRA published its Annual Report 2019/2020.
On 9 March 2022, CRAN re-gazetted the Notice of Intention to make Regulations relating to Issuing of Licences, Categories and Licencing Procedures for Broadcasting Service Licences and Telecommunications Service Licences. Comments were due by 8 April 2022.
On 4 March 2022, CRAN published a Notice and the Spectrum Assignment Strategy 2022 – 2024 for public comment. Comments were due by 1 April 2022. On 7 April 2022, CRAN published an invitation to a public hearing which were held on 12 April 2022.
On 24 November 2021, CRAN notified stakeholders that it has commissioned a research firm, Sustainable Development Africa CC (SusDAf) to conduct a stakeholder and customer satisfaction survey. SusDAf will approach stakeholders to participate in the survey between 13 December 2021 and 21 January 2022. On 26 January 2022, CRAN extended the deadline to 4 February 2022.
On 26 January 2022, the Nigerian Communications Commission (NCC) published the National Policy on 5G Networks for Nigeria’s Digital Economy, which sets out the deployment plan to ensure that major cities across the country benefit from 5G technologies. It addresses the provision of required spectrum and enabling environment to ensure full deployment of 5G.
On 21 March 2022, the NCC published the License Framework for the Establishment of Mobile Virtual Network Operators (MVNO) in Nigeria. The Framework enumerates expected operations of mobile virtual network service providers as observed in other countries.
In early January 2022, the National Information Technology Development Agency (NITDA) published the following three Draft Regulatory Instruments for stakeholder input. No deadline was provided:
On 6 April 2022, the NCC published its 2020 Year End Subscriber Network Data Report, which includes a review of the telecommunications industry and analyses for mobile GSM operators, fixed wired telephony operators, Internet service providers and other operators.
On 15 February 2022, the Rwanda Utilities Regulatory Authority (RURA) published the Regulations Governing Subscription Satellite Broadcasting Services Provision. The purpose of this Regulation is to put in place a regulatory framework governing subscription satellite broadcasting services provision.
On 15 February 2022, RURA published the Regulations Governing Broadcasting Services in Rwanda. The purpose of this Regulation is to establish a regulatory framework for providing broadcasting services in Rwanda.
On 16 February 2022, RURA gazetted the Regulations Governing Importation, Supply and Type Approval of Electronic Communications Equipment. These
Regulations establish a regulatory framework for importation, supply and type approval of electronic communications equipment in Rwanda.
On 2 March 2022, RURA published its Strategic Plan for 2022 – 2027, which outlines how RURA intends to accomplish its mandate during the fiscal years 2022 to 2027.
On 8 March 2022, RURA published its National Table of Frequency Allocation.
On 14 March 2022, RURA published its Statistics Report for Telecom, Media and Broadcasting Sector as of the Fourth Quarter of the year 2021. This report compiles the information from telecom operators, 4G wholesaler, Internet service providers, media and broadcasting operators as per their license obligations for the period starting from 1 October to 31 December 2021.
On 31 January 2022, the Vice-President and Minister of Information and Communication Technology gazetted the Cybercrimes and Other Related Crimes Act, 2021 (Commencement) Notice, which provides that the Cybercrimes and Other Related Crimes Act, 2021 came into operation on 1 February 2022.
On 4 February 2022, the Department of Communications and Digital Technologies (DCDT) gazetted the Draft Classification Guidelines for the Classification of Films, Games and Certain Publications for public comment, propose amendments to the 2019 Classification Guidelines for the Classification of Films, Interactive Computer Games and Certain Publications to take incorporate the changes resulting from the Films and Publications Amendment Act, 2019. The deadline for comments was 18 March 2022.
On 11 March 2022, the DCDT gazetted the Proposed Amendment of Policy on High Demand Spectrum and Policy Direction on the Licensing of a Wireless Open Access Network. Comments were due on 28 April 2022.
On 25 February 2022, the President gazetted a Proclamation, which determined 1 March 2022 to be date on which the Films and Publications Amendment Act, 2019 comes into operation.
On 2 March 2022, the Department of Trade, Industry and Competition (DTI) gazetted an Invitation for Public Comment on the Introduction of a Policy Directive on the Importation of Analogue Television Sets of Tariff Heading Number 8528.7. Comments were due on 23 March 2022.
On 28 February 2022, the DCDT gazetted the Announcement of Date for Final Switch-Off of the Analogue Signal and the Analogue Signal at the End of Dual Illumination, being 31 March 2022. On 28 March 2022, the High Court extended the deadline to 30 June 2022.
On 20 January 2022, the Independent Communications Authority of South Africa (ICASA) published a Notice of Public Hearing to be conducted on the Discussion Document on 7 February 2022. On 28 March 2022, ICASA gazetted its Findings Document.
On 4 February 2022, ICASA gazetted the Notice of Public Hearings to be held on 14 February 2022 in respect of the Draft Amendment Regulations Governing Aspects of the Procedures of the Complaints and Compliance Committee of the Independent Communications Authority of South Africa, 2021, which were gazetted on 26 November 2021. On 25 March 2022, ICASA gazetted the Amendment Regulations Governing Aspects of the Procedures of the CCC of ICASA, and its Reasons Document.
On 31 January 2022, ICASA gazetted its Explanatory Memorandum on the Amendment of the Processes and Procedures Regulations Class Licences, 2021 as amended, which provides clarity on ICASA’s processes and procedures with regards to regulation 13 (Form M) for class licensees.
On 16 March 2022, ICASA gazetted the Draft Regulations Regarding Standard Terms and Conditions for Individual Licences for comment. The deadline for comments is 5 May 2022.
On 23 March 2022, ICASA gazetted the Draft Amendment Numbering Plan Regulations, 2016. The deadline for comments is 11 May 2022.
On 24 March 2022, ICASA gazetted the Draft Amendment Regulations on the Processes and Procedures in respect of Applications, Amendments, Renewals, Surrender and Transfer of Individual Licences and applications for Special Temporary Authorisations. The deadline for comments is 15 May 2022.
On 31 March 2022, ICASA gazetted the Equipment Authorisation Regulations, 2022, and the Reasons Document which sets out the reasons for ICASA’s decisions, as expressed in the Regulations.
On 31 March 2022, ICASA gazetted the Must Carry Amendment Regulations, 2022, and the Reasons Document which analysis stakeholders’ submissions to the Draft Regulations and provides ICASA’s reasons for its decision to amend the ICASA Must Carry Regulations, 2018.
On 31 March 2022, ICASA gazetted the Draft End-User and Subscriber Service Charter Amendment Regulations, 2022 and Explanatory Memorandum. The deadline for comments is 18 May 2022.
On 31 March 2022, ICASA gazetted the Mobile Broadband Services Regulations, 2021 in terms of section 67(4) of the Electronic Communications Act, 2005.
On 8 April 2022, ICASA gazetted its Findings Document on the Review of the Independent Broadcasting Authority (Advertising, Infomercials and Programme Sponsorship) Regulations, 1999, Draft Regulations regarding Advertising, Infomercials and Programme Sponsorships 2022, and its Explanatory Memorandum. The deadline for comments is 1 June 2022.
On 14 April 2022, ICASA gazetted its Amendment Regulations in respect of the Limitations of Control and Equity Ownership by Historically Disadvantaged Groups and the Application of the ICT Sector Code, 2022.
On 9 February 2022, ICASA indicated that they will be holding further virtual workshops on 16 and 17 February 2022, to fully unpack the requirements of the Invitation to Pre-Register (ITP-R), and to assist communities to have a full understanding of the requirements thereof. ICASA reopened the licensing process for community radio and television broadcasting services across the country on 1 December 2021, held a workshop on 8 December 2021, and published the new ITP‑R for Community Sound Broadcasting Service and Radio Frequency Spectrum licences on 15 December 2021. The closing date for the submission of pre-registration notices is 30 June 2022.
On 21 February 2022, ICASA gazetted the list of applicants who qualified as bidders, as well as an amended timeframe in respect of the IMT spectrum licensing process. The amended timelines were as follows (although ICASA can amend these timelines if it deems it necessary): (i) Bidder Seminar – 28 February 2022; (ii) Individual Mock Auctions – 1 to 3 March 2022; (iii) Opt‑in Auction – 8 March 2022; and (iv) Main Auction – 10 March 2022. On 8 March 2022, after the Opt-in Auction, ICASA announced that RAIN and Telkom were declared the winners.
On 31 March 2022, ICASA gazetted a Notice of Intention to Conduct an Inquiry on the Optimization of the Frequency Modulation Sound Broadcasting. The deadline for comment is 8 June 2022.
On 13 and 14 April 2022, ICASA held public hearings in respect of its Inquiry into the Long-Term Spectrum Outlook, which is aimed at conceptualising scenario plans for the Long-Term Spectrum Outlook for South Africa. The deadline for submissions was 4 March 2022.
On 19 January 2022, ICASA gazetted a Notice regarding a request from Sentech SOC Limited in 2015 to amend its Universal Service and Access Obligations. Interested parties were invited to submit written representations by 8 February 2022. On 25 March 2022, ICASA gazetted its approval of the amendment of Universal Service Licence obligation to be implemented by Sentech SOC Limited.
On 19 January 2022, ICASA gazetted Rain Networks (Pty) Ltd’s amended 1800MHz Radio Frequency Spectrum Licence Universal Service Obligations.
On 19 January 2022, ICASA gazetted the Fees and Charges for Reserved Postal Services which will be effective from 1 April 2022.
On 31 March 2022, ICASA gazetted Notices regarding the increase of Administrative Fees with respect to the Unreserved Postal Service Regulations, 2020, service licences, type approval and annual radio frequency spectrum licence fees. All increases became effective on 1 April 2022.
On 4 February 2022, ICASA gazetted a Notice regarding the Submission of Annual Forecast of licence fees and USAF Contribution 2021/2022 by Broadcasting and ECS/ECNS Licensees. Every Broadcasting service and ECS/ECNS licensee must submit the requisite information referred to in the Notice on or before 30 April 2022.
On 2 February 2022, ICASA published the list of RF Type Approved Equipment, 2021.
On 8 March 2022, ICASA released the ITU World Telecommunication/ICT Indicators Short Questionnaire for 2021. The Short Questionnaire consists of 14 indicators and covers the period from January 2021 to December 2021. Both licensees and resellers are required to complete and submit the Short Questionnaire. Licensees were required to submit their responses by 25 March 2022.
On 25 March 2022, ICASA gazetted the National Radio Frequency Plan, 2021.
On 31 March 2022, ICASA gazetted the Draft Radio Frequency Spectrum Assignment Plans for IMT in the following frequency bands public consultation: (i) 450 – 470 MHz; (ii) 703 to 733 MHz and 758 to 788 MHz; (iii) 733 MHz to 758 MHz; (iv) 791 to 821 MHz and 832 to 862 MHz; (v) 825 MHz to 830 MHz and 870 MHz to 875 MHz; (vi) 880 MHz to 915 MHz and 925 MHz to 960 MHz; (vi) 1452 MHz to 1492 MHz; (vii) 2300 MHz to 2400 MHz; (ix) 3300 MHz to 3400 MHz; and (x) 3400 MHz to 3600 MHz. The deadline for comment is 20 May 2022.
On 31 March 2022, ICASA published its State of the ICT Sector Report in South Africa 2022, which presents the performance and developments in the ICT sector focussing on telecommunications, broadcasting and postal services.
On 31 March 2022, ICASA published its Tariffs Analysis Report for the period 1 July to 31 December 2021, which reports on tariff notifications submitted to ICASA by various telecommunications licensees.
On 28 January 2022, the Minister for Information, Communications and Information Technology gazetted the Electronic and Postal Communications (Digital and Other Broadcasting Networks) Amendment Regulations, 2022 and Electronic and Postal Communications (Licensing) Amendment Regulations, 2022.
On 18 March 2022, the Minister for Information, Communications and Information Technology gazetted the Electronic and Postal Communications (Online Content) (Amendment) Regulations, 2022 and Electronic and Postal Communications (Radio and Television Broadcasting Content) (Amendment) Regulations, 2022.
On 20 January 2022, the Tanzania Communications Regulatory Authority (TCRA) published its Communications Statistics Report: Quarter 2: 2021/22: December 2021.
On 2 February 2022, the Uganda Communications Commission (UCC) published the New Guidelines on the Use of Short-Range Radiocommunication Devices (SRDs) and Ultra Wideband (UWB) Devices. The objective of these Guidelines is to present technical requirements associated with the operation and use of SRDs and UWB devices in Uganda.
On 2 February 2022, the UCC published the New Guidelines on Variation and Withdrawal of Radio Spectrum Authorization, 2021. The objective of these Guidelines is to (i) improve compliance to the provisions of the Act, regulations issued thereunder, and terms and conditions for radio frequency spectrum assignment; and (ii) promote optimal utilization of assigned radio frequency spectrum to extract the utmost social-economic benefit.
On 8 February 2022, the UCC published Guidelines for enabling Television Access for Persons with Disabilities in Uganda. Comments were due on 25 February 2022.
On 17 February 2022, the UCC published the Guidelines on Infrastructure Deployment and Sharing. The objective of these Guidelines is to foster the efficient provision and utilisation of communications infrastructure.
On 2 February 2022, the UCC published the New Radio Frequency Spectrum Master Plan, 2021. The objectives of this radio spectrum Master Plan are to (i) promote certainty and encourage investment through the anticipation and interventions to meet the needs of spectrum users; (ii) facilitate national stakeholders by ensuring that spectrum management decisions respond to market demands; and (iii) proactively seek opportunities to optimize the benefit of spectrum for its users, maximizing its value to society.
On 24 January 2022, the UCC published its Market Performance Report for Q3 of 2021. The Report highlights the key indicators in the telecom industry, service access, traffic and usage, industry revenues, post services and the broadcasting market for the quarter starting July to September 2021.
On 11 April 2022, the UCC published its Market Performance Report for Q4 of 2021. The Report is a review of the industry performance, trends and key developments for the quarter starting October to December 2021.
On 24 January 2022, the Ministry of ICT and National Guidance and NITA-U through the Regional Communications Infrastructure Project (RCIP) published the Draft National Broadband Baseline Survey and the National Infrastructure Blueprint for comment. The Blueprint is intended to be a guiding tool for coordinated planning, development and management of broadband infrastructure in the country.
On 5 February, the Zambia Information and Communications Technology Authority (ZICTA) published its 5G Spectrum Roadmap 2021-2024, which highlights ZICTA’s key decisions in view of the stakeholder submissions in conjunction with ZICTA’s mandate, strategic objectives and public interest. following public consultation on this matter, which took place from 17 July to 20 August 2022.
On 29 March 2922, ZICTA published the Licensing Guidelines, 2022, which is published pursuant to ZICTA’s mandate to prescribe the manner of application for electronic communication licences and assignment of scarce resources, and the terms and conditions.
On 30 March 2022, ZICTA published the ICT and Postal Licensing Update for Q1 to Q4 of 2021; List of Licensed ICT Operators, as at December 2021; and List of Licensed Postal and Courier Operators as of December 2021.
On 6 April 2022, ZICTA published an invitation for applications from eligible licensees for the assignment of spectrum in the 800 MHz and 2600 MHz bands. The deadline for applications is 10 June 2022.
On 5 April 2022, ZICTA published its Annual Report for 2020.
On 12 April 2022, ZICTA published its ICT Sector: Annual Market Report, 2022.
On 3 July 2020, the President assented to the Zanzibar Information Communication Technology Infrastructure Agency Act 15 of 2020. This is an Act to establish the Zanzibar Information Communication Technology Infrastructure Agency and to make provisions for providing ICT infrastructure services and other matters connected therewith.
Draft Postal and Telecommunications (Domain Names Registration and Management) Regulations, 2022
On 28 January 2022, the Postal and Telecommunications Regulatory Authority of Zimbabwe (POTRAZ) published the Draft Postal and Telecommunications (Domain Names Registration and Management) Regulations, 2022, which apply to every registration of the country code Top Level Domain.
On 13 February 2022, POTRAZ published a Public Notice regarding the Implementation of the Data Protection Act, and requested all Data Controllers and/or Processors who process personal information for individuals and have in their possession personal information belonging to more than 30 people, provide certain information by 20 February 2022.
On 11 March 2022, the Cyber and a Data Protection Act [Chapter 12:07] was gazetted. The Act, among others, establishes a Cyber Security Centre and Data Protection Authority and provides for their functions, and amends the Criminal Code (Codification and Reform) Act [Chapter 9:23] to provide for the investigation and collection of evidence of cybercrime and unauthorised data collection and breaches. It also provides for the admissibility of electronic evidence for such offences.
On 25 March 2022, the Competition and Tariff Commission (CTC) gazetted the Competition (Notification of Merger) (Amendment) Regulations, 2022, which amends the merger notification fees.
On 25 March 2022, the CTC gazetted the Competition (Advisory Opinion) (Amendment) Regulations, 2022, which amends the advisory opinion fees.
On 1 April 2022, the Access to Information and Protection of Privacy (Registration, Accreditation and Levy) (Amendment) Regulations, 2022 were gazetted.
On 13 April 2022, POTRAZ’ published its Sector Performance Report for Q4 of 2021.
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