2. Legislative Framework
2.1 Applicable Legislation
2.1.3 Electronic Communications Act and Related Regulations
The ECA “controls, plans, administers and manages the use and licensing of the radio- frequency spectrum except as provided for in Section 34” (ECA Act 36, 2005).
Furthermore, the ECA is the legislation that determines South Africa’s official definitions of
Service and Access Agency of South Africa (USAASA). One of the functions of USAASA is to make recommendations to enable the Minister of Communications to determine what constitutes “universal access” and “universal service”1. In 2010 the determinations (Gov Gazette: 32939, 2012) of universal access and universal service targets for Electronic Communications Services2 (ECS), Electronic Communications Networks Services3 (ECNS) and broadcasting services were issued4. The determinations are as follows:
Universal access targets for voice ECS:
■ at least one working public or community service telephone at a public access point for every 2 000 people in a geographically-founded community; and
■ access to a voice service at a public access point within a range of 1 km from any person residing in such community.
Note: Here the following criteria apply: “the service (consisting of 90 minutes calling time per month of which 30 minutes are within peak hours) is available to 95% of households on demand and is affordable to 90% of households, that is, the cost does not exceed 5% of the household’s total expenditure or income”.
Universal access targets for data ECS:
■ at least one public broadband Internet access point for every 10 000 people in a geographically founded community; and
■ access to a data ECS at a public access point within a range of 2 km from any person residing in such a community.
The following criteria apply: “the service (defined as including access to broadband and being able to use the Internet for at least 20 hours per month, of which no fewer than 10 hours are within peak times or being able to consume at least 500 MB per month) is available to 90% of households on demand and is affordable to 60% of households, that is, the cost does not exceed 5% of the households total expenditure.”
Universal access targets for broadcasting for each district municipality are access to:
■ at least one community radio broadcasting service in the most relevant languages for that community;
■ all public radio broadcasting services broadcasting in the most appropriate languages for that community;
■ all public television broadcasting services; and
■ at least one community television broadcasting service.
1 Another of the important functions of the USAASA is that it administers the Universal Service and Access Fund to which all licensees contribute financially in terms of the provisions of the ECA (section 87 read with section 89 of the ECA). The USAASA can be called upon to contribute to the funding of the provision of alternative telecommunications and broadcasting-related.
2 Defined in section 1 of the ECA as “any service provided to the public, sections of the public, the state, or the subscribers to such service, which consists wholly or mainly of the conveyance by any means of electronic communications over an electronic communications network, but excludes broadcasting services”.
3 Defined in section 1 of the ECA as “a service whereby a person makes available an electronic communications network, whether by sale, lease or otherwise –
(a) for that person’s own use for the provision of an electronic communications service or broadcasting service;
(b) to another person for that other person’s use in the provision of an electronic communications service or broadcasting service; or (c) for resale to an electronic communications service licensee, broadcasting service licensee or any other service contemplated by this Act, and “networks services” is construed accordingly
4 The determinations were, however, only valid for a period of two years and were supposed to have been replaced by new targets (section 1(b) of the Determinations). However, this has not happened and so the Determinations are no longer in force. Nevertheless, the determinations provide a useful guide as to the requirements set by the government for universal access and service a decade
The following criteria apply: “all persons have access to a diverse range of television and sound broadcasting services, in terms of three categories of broadcasting service [public, commercial and community], that cater for all language and cultural groups, including persons with disability, and which provide entertainment, education and information”.
Additional universal access targets:
■ access to a public access point must be provided for a minimum of 12 hours a day and at least during the hours of 08h00 hours to 18h00 hours;
■ those persons who need assistance in using a public access point or any subscriber equipment must be assisted to the extent reasonable; and
■ access to electronic communications services public access points must be provided at affordable rates.
Without updating the Determinations or even referring to them, Government adopted a broadband policy in a document entitled “SA Connect: Creating Opportunities, Ensuring Inclusion” (Gov Gazette: 37119, 2013). This document contains several targets expressed as “broadband access in Mbps user experience”. The targets also differentiate between targets for the population and targets for schools, health facilities and government facilities.
Essentially the targets are as follows:
Table 6: Broadband access targets for 2016, 2020 and 2030 (Gov Gazette: 37119, 2013)
Target Penetration
measure Baseline (2013) By 2016 By 2020 By 2030
Broadband access in Mbps user experience
% of population 33.7% internet
access 50% at 5 Mbps 90% at 5 Mbps 50% at 100 Mbps
100% at 10 Mbps 80% at 100 Mbps
Schools % of schools 25% connected 50% at 10 Mbps 100% at 10 Mbps
80% at 100 Mbps 100% at 1 Gbps
Health Facilities % of health
facilities 13% connected 50% at 10 Mbps 100% at 10 Mbps
80% at 100 Mbps 100% at 1 Gbps
Government Facilities
% of government
offices 50% at 5 Mbps 100% at 10 Mbps 100% at 100
Mbps
Sadly, the country almost immediately fell behind the SA Connect targets. To date, the targets for 2016 have barely been met, far less the targets for 2020.
Another essential function of USAASA is the administration of the Universal Service and Access Fund to which all licensees contribute financially for the provisions of the ECA (ECA Act 36, 2005). USAASA can be consulted to contribute to the funding of alternative telecommunications and broadcasting-related services in the KCAAA.