Electronic Communications and ISPs
Electronic communications, encompassing
- Telecommunications
- Broadcasting, and
- Postal communications
is a dynamic and burgeoning industry operating within the framework of a highly complex regulatory environment. While a world of opportunity awaits there are also a vast number of pitfalls for the unwary.
The current status of electronic communications law is centred upon the managed liberalisation of the industry away from the legislated monopolies which have and continue to hold a powerful grip on issues of cost and accessibility. The law, as is ever the case, is struggling to maintain pace with technological innovation and economic development imperatives, resulting in the existence of numerous "grey" areas wherein lies a great deal of uncertainty as to the legality or otherwise of certain kinds of conduct.
This uncertainty is underpinned by the fact that South Africa currently finds itself dealing with a new electronic communications regime in the form of the Electronic Communications Act No 36 of 2005 ("ECA"). The ECA commenced on 19 July 2006 and replaces, in its entirety, the Telecommunications Act of 1996 and the Independent Broadcasting Authority Act of 1993 It also sets out substantial amendments to the Broadcasting Act of 1999, the Sentech Act (1996) and the Regulation of Interception of Communications and Provision of Communication-related Information Act of 2002.
Nicciferguson is active as both a legal advisor to industry players and as a participant in the development of electronic communications law. We have made a number of submissions to the Parliamentary Portfolio Committee on Communications with regard to new legislation and regulations and are currently providing adjudication services to the Wireless Applications Service Provider�s Association (WASPA) and driving the formation of an industry representative body for wireless internet service providers.
We have extensive experience in advising ISPs with regard to the ever-increasing regulatory burden which is being brought to bear on them, particularly with regard to interception and monitoring of client communications. Nicciferguson further advises a number of local government entities and government agencies with regards to providing effective electronic communications services to their constituencies within the framework of electronic communications law and the law applicable to local government. In this regard we have provided, in conjunction with the service provider and the Knysna Municipality, the regulatory basis for Africa's first Wi-Fi enabled town under the banner of the Knysna UniFi project.