Technology, Media and Telecommunications Africa Quarterly e-Bulletin

This Africa Quarterly e-bulletin highlights key legislative and regulatory developments in the technology, media and telecommunications sectors in sub-saharan Africa.  This issue covers the period 16 October 2022 to 15 January 2023 and includes developments from Eswatini, Ethiopia, Ghana, Kenya, Lesotho, Malawi, Mauritius, Mozambique, Namibia, Nigeria, Rwanda, Seychelles, South Africa, Tanzania, Uganda, Zambia and Zimbabwe.

ESWATINI

Notice 20/2022: Regulation of Radio Frequency Spectrum (Operating Radiocommunications Equipment without a Radio Frequency Spectrum Licence) – Enforcement Measures

On 2 November 2022, the Eswatini Communications Commission (ESCCOM) published a Notice regarding Enforcement Measures for the Regulation of Radio Frequency Spectrum.

Notice 21/2022: Proposed Electronic Communications (Quality of Service) Guidelines, 2022

On 7 November 2022, ESCCOM published its Proposed Electronic Communications (Quality of Service) Guidelines, 2022.  The purpose of these Guidelines is to (i) review the current parameters and measurements of mobile and internet service operators in Eswatini; (ii) introduce new KPI targets for the current measurements; (iii) introduce new measurements for the existing technologies; (iv) introduce measurements for 5G technology; (v) protect the interests of consumers of electronic communications services; and (vi) monitor quality of experience. The deadline for comments was 9 December 2022.

National Cybersecurity Strategy 2022 – 2027

On 8 November 2022, ESCCOM published the Ministry of Information, Communications and Technology’s National Cybersecurity Strategy 2022 – 2027. It provides a national framework to protect Eswatini’s data, system and networks from cyber threats.

ETHIOPIA

Consultation in connection with resuming the issuance process for the Second new Full-Service Telecommunications License

On 16 November 2022, the Ethiopian Communications Authority (ECA) published a call for stakeholder consultation on the key terms and conditions of the process for the issuance of the second new full-service nationwide telecommunications license (License B). This process is part of the Ethiopian Government’s reform agenda for the liberalisation of Ethiopia’s telecommunications market through the introduction of competition and private sector participation.  The deadline for comments was 16 December 2022.

GHANA

Quarterly Statistical Bulletin on Communications, Q2 – April to June 2022

On 16 November 2022, the National Communications Authority of Ghana (NCA) published its Quarterly Statistical Bulletin on Communications for the second quarter of 2022 (April to June). This Bulletin is a reference document that contains segregated data, industry trends and analysis of the communications sector of Ghana. This Bulletin is prepared from the monthly and quarterly data received from various licensees. It also includes data on internet service providers and broadcasting entities and services providers gathered in-house by the NCA.

Review of the Consumer Protection Policy

On 1 December 2022, the Ministry of Trade and Industry invited comments on the draft Consumer Protection Policy.  The deadline for comments is 31 March 2023.

KENYA

Consultation Paper on Proposed Redefinition of the Role of Film Agents in Kenya

On 19 October 2022, the Kenya Film Classification Board (KFCB) invited the public to a validation workshop on the amended Consultation Paper on the proposed redefinition of the role of Film Agents in Kenya, scheduled for 25 October 2022.

Kenya Information and Communications (Amendment) Bill, 2022

On 10 November 2022, the Kenya Information and Communications (Amendment) Bill, 2022 was gazetted.  No information about a consultation process was provided.

Digital Sound Broadcasting Framework

On 8 November 2022, the Communications Authority of Kenya (CA) published the Digital Sound Broadcasting Framework for public comment. The purpose of the project is to develop a digital sound broadcasting framework and build on the efforts of the CA to address the challenge of high demand and low availability of certain analogue broadcasting frequencies by introducing digital sound broadcasting services in VHF Band III 174-230MHz.  The deadline for comments was 28 November 2022.

LESOTHO

Review of Lesotho Communications Authority (Licensing Classification and Fees) Rules, 2018

On 6 December 2022, the Lesotho Communications Authority (LCA) published the Draft LCA (Licensing Classification and Fees) Rules, 2023 for public consultation.  The deadline for comments was 6 January 2023.

MALAWI

Draft 2 Communications (Content) Regulations, 2022

On 23 December 2022, the Malawi Communications Regulatory Authority (MACRA) published Draft 2 of the Communications (Content) Regulations, 2022.  The deadline for comments was 26 January 2023.

MAURITIUS

Independent Broadcasting Authority (IBA) Regulations

On 3 December 2022, the Independent Broadcasting Authority (IBA) published the following Regulations:

• IBA (Amendment of Schedule) Regulations, 2022 (Notice 308 of 2022): and
• IBA (Licence Fees) Amendment No. 2 Regulations, 2022 (Notice 309 of 2022).

MOZAMBIQUE

Draft Cybersecurity Bill

On 22 November 2022, the National Institute of Information and Communication Technologies (INTIC) published the Draft Cybersecurity Bill. The Bill aims to guarantee the security of citizens and institutions, as well as to ensure the protection of digital networks, information systems, and critical infrastructure in cyberspace. The Bill proposes to establish the National Cyber Security Council as a central body responsible for ensuring the alignment of policies, strategies, and other guiding documents on cybersecurity, to be chaired by the Minister of Information and Communication Technology.  No deadline for comments was announced.

Public Consultation on Relevant Markets and Operator Determination with Significant Position in the Telecommunications Markets

On 21 October 2022, the Communications Regulatory Authority (INCM) invited public comment on the Preliminary Report on the Relevant Markets and Determination of the Operator with a Significant Position in the Telecommunications Markets.  The deadline for comments was 11 November 2022.

2021 Communications Regulation Report

On 21 December 2022, the INCM published its 2021 Communications Regulation Report.  The Report deals with (i) Regulation of communications; (ii) supervision of communications; (iii) licensing and approval; (iv) overview of services in communications; (v) studies on the “Big Data” project in response to natural disasters in telecommunications in Mozambique; (vi) digital migration; (vii) cooperation; and (viii) universal access.

NAMIBIA

Draft Data Protection Bill

On 25 October 2022, the Ministry of Information and Communications Technology (MICT) published the Draft Data Protection Bill for public comment.  The deadline for comments was 30 November 2022.

Amendment to Regulations Prescribing the National Numbering Plan for use in the Provision of Telecommunications Services in the Republic of Namibia, Numbering Licence Fees and Procedures for a Number Licence

On 22 November 2022, the Communications Regulatory Authority of Namibia (CRAN) gazetted Amendments to the Regulations Prescribing the National Numbering Plan for use in the Provision of Telecommunications Services in the Republic of Namibia, Numbering Licence Fees and Procedures for a Number Licence.

Notice of Intention to amend the Regulations Prescribing Procedures regarding Application for, and Amendment, Renewal, Transfer and Cancellation of Spectrum Licences

On 22 November 2022, CRAN gazetted a Notice of Intention to amend the Regulations Prescribing Procedures regarding Application for, and Amendment, Renewal, Transfer and Cancellation of Spectrum Licences.  The deadline for comments was 22 December 2022.

Notice of Intention to Make Regulations in Respect of Telecommunications Equipment Requiring Type Approval

On 5 January 2023, CRAN gazetted a Notice of Intention to Make Regulations in Respect of Telecommunications Equipment Requiring Type Approval.  The deadline for written comments is 4 February 2023. CRAN will hold a public hearing on a date to be advised.

Strategy in Respect of Implementation of IMT-2020 (5G) in the Republic of Namibia: 2023 – 2027

On 4 January 2023, CRAN gazetted the Strategy in Respect of Implementation of IMT‑2020 (5G) in the Republic of Namibia: 2023 – 2027.

Communicating for Effective Government: Communications Strategy (2022 – 2027)

On 24 November 2022, the Ministry of Information and Communication Technology published the Namibia Communications Strategy (2022 – 2027).

NIGERIA

Draft Information Memorandum for Auction of 2 x 100MHz in the 3.5GHz Spectrum Band

On 21 October 2022, the Nigerian Communications Commission (NCC) published its Draft Information Memorandum (IM) for its upcoming auction of the remaining lots of 2 x 100MHz in the 3.5GHz spectrum band to support 5G deployment in Nigeria.  On 15 November 2022, the NCC held a stakeholder engagement on the Draft Information Memorandum, and on 18 November 2022, the NCC published the final Information Memorandum for the upcoming auction. On 7 December 2022, the NCC announced that Airtel Networks Limited has emerged as the sole bidder and the NCC will proceed to the Assignment Stage in line with the published Information Memorandum guiding the licensing process.

National Data Strategy

On 8 November 2022, the National Information Technology Development Agency (NITDA) published the National Data Strategy for public comment.

The deadline for comments was 16 November 2022. NITDA held a stakeholder engagement on 11 November 2022.

RWANDA

National Broadband Policy and Strategy

On 18 October 2022, the Ministry of ICT and Innovation’s National Broadband Policy and Strategy was published.  This Policy aims to accelerate Rwanda into a competitive and innovative global digital economy, through accessible and quality broadband services.

Statistics Report for Telecom, Media and Broadcasting Sector Statistics for Third Quarter of 2022

On 13 December 2022, the Rwanda Utilities Regulatory Authority (RURA) published its Statistics Report for Telecom, Media and Broadcasting Sector for the Third Quarter of 2022.  The Report compiles the information from telecom operators, 4G wholesalers, Internet Service Providers (ISPs), and media and broadcasting operators as per their licence obligations for the period 1 July to 30 September 2022.

SEYCHELLES

Broadcasting and Telecommunication Act (Quality of Service) Regulations, 2022

On 21 November 2022, the Broadcasting and Telecommunication Act (Quality of Service) Regulations, 2022 were gazetted.

SOUTH AFRICA

ICASA’s Invitation to Pre-Register for Community Television Broadcasting Service and Radio Frequency Spectrum Licences for Multiplex 1 Frequencies

On 2 November 2022, ICASA published a Media Release indicating that it would be hosting provincial workshops between 7 and 17 November 2022 to explain the licensing process for community television broadcasting service and related radio frequency spectrum licences on Digital Terrestrial Television (DTT) Multiplex 1 (MUX 1) frequencies.

ICASA held a public virtual workshop on 12 October 2022 to kickstart the provincial workshops.

This follows the publication of an Invitation to Pre-Register for Community Television Broadcasting Service and Radio Frequency Spectrum Licences for Multiplex 1 frequencies on 30 June 2022.  The closing date for the submission of pre-registration notices was 12 January 2023.

On 15 December 2022, ICASA extended the deadline for applications to 30 January 2023.

Notice amending the Ordering System Specification for Geographic, Non‑Geographic and Mobile Number Portability

On 10 November 2022, ICASA gazetted a Notice to amend the Ordering System Specification for Geographic, Non-Geographic and Mobile Number Portability, which came into effect on the date of publication in the Gazette.

Draft Consumer Advisory Panel Regulations

On 11 November 2022, ICASA gazetted the Draft Consumer Advisory Panel Regulations for public comment.  The deadline for comments was 27 December 2022. On 15 December 2022, ICASA extended the deadline to 16 January 2023.

Draft Radio Frequency Spectrum Assignment Plans for Specific Radiocommunications Systems

On 25 November, ICASA gazetted a series of Draft Radio Frequency Spectrum Assignment Plans for Specific Radiocommunications Systems for public comment. The deadline for comments was Friday, 13 January 2023.

Radio Frequency Spectrum Assignment Plans for International Mobile Communications (IMT) high-demand spectrum

On 19 and 20 December 2022, ICASA gazetted seven final Radio Frequency Spectrum Assignment Plans for International Mobile Communications (IMT) high-demand spectrum, following an extensive notice and comment process.

Notice of Intention to Amend Annexure B of the Radio Frequency Spectrum Amendment Regulations, 2021

On 21 December 2022, ICASA gazetted its Notice of Intention to Amend Annexure B of the Radio Frequency Spectrum Amendment Regulations, 2021.  The deadline for comments is 30 January 2023.  The amendment regulations include an updated list of radio apparatus whose use or possession shall not require a radio frequency spectrum licence. ICASA is proposing the incorporation of the key lower 6GHz band (5925 – 6425MHz) and the 122 – 246GHz band for Non-Specific Short-range Applications in Annexure B of the regulations.

Invitation for Comment: Performers’ Protection Amendment Bill and Copyright Amendment Bill

On 9 November 2022, the Select Committee on Trade and Industry, Economic Development, Small Business Development, Tourism, Employment and Labour invited interested persons and stakeholders to submit written comments on the Performers Protection Amendment Bill and Copyright Amendment Bill.  The deadline for comments is 27 January 2023.   The relevant Western Cape and Northern Cape provincial Parliamentary committees have also invited comments on the Bills, by 10 March and 28 February respectively.

Constitution Eighteenth Amendment Bill, 2022: Amendment to South Africa’s Constitution to create an office for a National Cyber Commissioner

On 9 November 2022, the Constitution Eighteenth Amendment Bill, 2022 was gazetted as a private member’s bill.  The Bill proposes to provide for the establishment of the office of the Cyber Commissioner.  The deadline for comments was 22 December 2022.

Consultation on date for final switch-off of the Analogue Signal and the End of Dual Illumination

On 9 December 2022, the Minister of Communications and Digital Technologies (DCDT) gazetted a Notice on the Consultation on the date for final switch-off of the Analogue Signal and the End of Dual Illumination.  The deadline for comments is 27 January 2023. On 9 December 2022, the Minister held a briefing on the progress of the Digital Migration Programme and indicated that the new analogue switch-off date for terrestrial television broadcasting services in South Africa will be 31 March 2023.

TANZANIA

Protection of Personal Information Bill, 2022

On 29 August 2022, the Protection of Personal information Bill, 2022 was uploaded on the Parliament of Tanzania’s website.  On 7 October 2022, the Parliament of Tanzania advised that on 19 October 2022, they will hold a meeting to receive Stakeholders’ opinions.  On 1 November, the Parliament of Tanzania announced that it passed the Protection of Personal Information Bill, 2022.

Electronic and Postal Communications (Radio Communication and Frequency Spectrum) (Amendment) Regulations, 2022 

On 18 November 2022, the Electronic and Postal Communications (Radio Communication and Frequency Spectrum) (Amendment) Regulations, 2022 were gazetted.

Electronic and Postal Communications (Access, Co-Location and Infrastructure Sharing) (Amendment) Regulations, 2022

On 18 November 2022, the Electronic and Postal Communications (Access, Colocation and Infrastructure Sharing) (Amendment) Regulations, 2022 were gazetted.

Sector Performance Report: 1st Quarter of 2022

On 22 October 2022, the Tanzania Communications Authority (TCRA) published its Sector Performance Report for the 1^st Quarter of 2022. The statistics are provided by the TCRA in five sections – telecommunications services, mobile money, internet services, broadcasting and postal services.

UGANDA

Framework for Satellite Communication  

In November 2022, the Uganda Communications Commission (UCC) published its Framework for Satellite Communication dated September 2022.  The objectives of this Framework are to (i) guide and facilitate the harnessing of space communication including satellite technology in Uganda; (ii) improve coordination of satellite networks and preserve the allocated national satellite frequencies and orbital resources under the ITU space services plan; and (iii) promote innovation in the space communication (including satellite communication) industry.

Guidelines for the use of 5GHz Band in Uganda  

In November 2022, the UCC published the Guidelines for the use of 5GHz Band in Uganda dated April 2022.  The objective of these standards is to guide and facilitate the operation of wireless access systems in the 5GHz frequency band.

Guidelines for the use of 2.4GHz Band in Uganda

In November 2022, the UCC published the Guidelines for the use of the 2.4GHz Band in Uganda dated April 2021.  The objective of this guide is to facilitate the operation of wireless access systems (WAS) in the 2.4GHz frequency band. The objective of this guide is to facilitate the operation of wireless access systems (WAS) in the 2.4GHz frequency band.

Market Performance Report Q2 of 2022

On 2 November 2022, the UCC published its Market Performance Report for the second quarter of 2022.  The information and figures contained in the Report were obtained from licensees’ and other sources available to the UCC.

Television Advertising Rate Cards – October 2022

On 24 November 2022, the UCC published a spotlight on Television Advertising Rate Cards dated October 2022.  This publication provides an overview of common TV advertisement products and their prices by different TV stations.

Study on Access and Usage of ICTs by Micro, Small and Medium Sized Enterprises

On 29 November 2022, the UCC published its draft final output Report on the Study on Access and Usage of Information and Communication Technologies by Micro, Small and Medium-scale Enterprises (MSMEs) in Uganda. The overall objective of the study was to establish the extent of ICTs adoption, including those associated with the 4th Industrial Revolution, by MSMEs in Uganda.

Study on an In-depth Analysis of the Access and Usage of Communication Services in Uganda

On 29 November 2022, the UCC published its Study on an In-depth Analysis of the Access and Usage of Communication Services in Uganda. The main objective of this survey was to measure the progress in the uptake of communication products and services, through collection and analysis of data relating to access, awareness, attitude and usage by organisations, enterprises, institutions, households and individuals of the various communication services and their attributes.

Request for Proposals for the Provision of a Communications Sector Advisory

On 6 January 2023, the UCC published a Public Notice requesting Proposals for the Provision of a Communications Sector Advisory.  The objective of this project is to develop a communications sector advisory, including among others, advice on technical and non-technical regulatory issues. The deadline for applications is 30 January 2023.

ZAMBIA

Interim Determination of Pricing for Pole Co-Location Services in the ICT Sector

On 27 October 2022, the Zambia Information and Communications Technology Authority (ZICTA) published its Interim Determination of Pricing for Pole Co-Location Services in the ICT Sector.

ZIMBABWE

Draft Cyber and Data Protection Regulations, 2022

On 16 November 2022, the Postal and Telecommunications Regulatory Authority of Zimbabwe (POTRAZ) published the Draft Cyber and Data Protection (Licensing of Data Controllers and Appointment of Data Protection Officer) Regulations, 2022.  The deadline for comments was 12 December 2022.

Consultation Paper on Consumer Protection Guidelines for Telecommunications Services

In November 2022, POTRAZ published its Consultation Paper on Consumer Protection Guidelines for Telecommunications Services.  No information about a consultation process was provided.

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This e-bulletin provides only general information on legislative and regulatory developments, which we consider key. It is not our intention to list all developments in the sector across Sub-Saharan Africa. For further information, please contact Wendy Rosenberg, Tebogo Sibidla or Saman

Read the previous Quarterly e-Bulletin – October 2022