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National Broadband Policy consultation document published for comment

The Minister of Communications, on 3 April 2013, published a proposed National Broadband Policy for South Africa. Comments are due on or before 16 May 2013.

The policy document seeks to define "broadband" for South Africa and identifies key policy areas namely:

Access to international backbone networks

The draft policy seeks to encourage investment in international networks and, in the event of market failure, it is proposed that the government will "intervene to ensure" competitively priced international bandwidth availability. It is also proposed that all submarine cable landing stations be declared essential facilities.

Access to national backbone networks

The policy proposes that the government plays a critical role in the deployment of broadband backbone networks in rural and underserviced areas, and advocates for the deployment of wholesale backbone networks by the public and private sector. It is envisaged that these networks will be operated on an open access and non-discriminatory basis, and that ICASA will develop wholesale regulations to support service-based competition on national broadband networks. Significantly, the policy states that Telkom will provide the bulk of infrastructure and will be supported by other state-owned companies and the private sector.

Access to local networks

Local loop unbundling is not expressly mentioned. The policy states that there should be infrastructure sharing in non-economically viable areas by way of wholesale open access network competition. Whilst the proposed policy requires the deployment of fibre-optic cable to premises and home in the long term, it states that radio frequency spectrum will be made available for mobile broadband applications to support last-mile access technologies.

Availability of radio frequency spectrum for broadband services

The policy proposes that to promote the availability of broadband services in rural and underserviced areas, the allocation and assignment of radio frequency spectrum bands, which are generally suited to low-capacity, large-coverage areas will be prioritised. Future allocations of radio frequency spectrum for broadband will be done in a manner that advances competition, black economic empowerment, the quality of service, universal service and access principles.

Minimising infrastructure roll-out costs

To address the cost of accessing public and private servitudes, the policy advocates the implementation of regulatory measures to promote the availability of both publicly and privately owned servitudes. As a matter of policy, ducts will be installed in all major publicly funded infrastructure developments and the finalisation of guidelines to obtain approvals for rights of way, land acquisition and environmental approvals is to be fast tracked with the aim of establishing a one-stop shop to facilitate approval of wayleaves.

Increasing uptake and usage of broadband services through promotion of access to end-user equipment and development of content and applications

The policy proposes that relevant Cabinet Ministers develop strategies to promote the availability of affordable end-user equipment and to develop innovative and local applications.

The policy recommends that a dedicated Inter-Ministerial Committee be established and, in recognition of the role that the private sector plays, a joint Government/Private Sector Liaison Committee be established to co-ordinate broadband activities.

Ultimately, a National Broadband Strategy will be developed in collaboration with all key stakeholders and a Broadband Implementation Plan developed. The effectiveness of the National Broadband Policy will be assessed in terms of an annual impact assessment.

About Kathleen Rice

Kathleen Rice is a director in our Technology, Media and Telecommunications practice at Cliffe Dekker Hofmeyr. Her areas of expertise include electronic communications, broadcasting, information technology and data protection. Contact Kathleen at .
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