Welcome to the third issue of ENSafrica's TMT ENSight, focusing on topics, news and analysis of novel and interesting developments in the technology, media and telecommunications space. In this edition:
- Our featured article looks at smart contracts, which are used to facilitate the sale of NFTs. These agreements are largely unregulated at the moment, but will soon disrupt a number of industries.
- Back to basics, explaining liability clauses and the importance of understanding their various terms to avoid being left exposed.
- Telecommunications, a roundup of recent developments in the telecoms sector.
- In the news, a curation of topical events in the technology and telecommunications industry.
- What you need to know about NFTs and smart
- Smart contracts facilitate the sale of NFTs, but how do they work? Rakhee Dullabh and Naledi Ramoabi explain the intricacies of this type of contract.
- Read the article here.
back to basics
- Understanding limitation of liability clauses
- Liability clauses are commonly used, but in some instances, they could leave you completely exposed.
- It is therefore important to understand the meaning of these terms and exclude them where appropriate.
- Read more here.
- GG45849: Explanatory Memorandum on the Amendment of the
Process and Procedures Regulations Classes Licenses, 2021, as
amended, Regulation 13 (Form M)
- On 31 January 2022, the Independent Communications Authority of South Africa ("ICASA") published the Explanatory Memorandum on the Amendment of the Process and Procedures Regulations Classes Licenses, 2021, as amended, Regulation 13 (Form M) ("Explanatory Memorandum").
- In the Explanatory Memorandum, ICASA indicated that it intends to amend the Process and Procedures Regulations Classes Licenses, 2021, as amended, Regulation 13 (Form M), by including a new subsection under regulation 13, being regulation 13(3). The draft regulations are attached to the Explanatory Memorandum. The amendment will require that any person who intends to provide an electronic communication service ("ECS") on a licence exempt basis, must now provide ICASA with a copy of the signed commercial agreement or lease, entered into between the registrant and ECS or ECNS licensee when applying for a licence exemption. ICASA will not consider granting the licence exemption without having sight of the agreement.
- ICASA explained that, by definition, a prospective reseller must have a lease or a commercial arrangement with an existing ECS or ECNS licensee, and the reason behind the introduction of regulation 13(3) is for ICASA to ensure that persons providing licence exempt services are providing those services in accordance with the provisions of the Electronic Communications Act, 2005 and also for ICASA to satisfy itself that resellers provider or intend to provide services obtained from duly licensed entities.
- Interest persons are invited to make written representations on the Draft Regulations which must be submitted to ICASA by 16h00 on 28 February 2022 and marked specifically for attention: Mr Peter Mailula. Delivery address: Block B, 350 Witch-Hazel Avenue, Eco Point Office Park Eco Park, Centurion. Where possible, written representations should also be emailed to: PMailula@icasa.org.za. Enquiries should be directed to 012 568 -3657; between 09h30 and 16h00, Monday to Friday.
- GG45713: Notice to Amend the Ordering System
Specification for Number Portability
- On 30 December 2021, ICASA published a notice to amend the Ordering System Specification for Geographic, Non-Geographic and Mobile Portability.
- A copy of the notice can be accessed here.
- GG 45690: Amendment to the Radio Frequency Spectrum Regulations, 2015
- On 24 December 2021, ICASA published a notice regarding the Amendment to the Radio Frequency Spectrum Regulations, 2015 ("Amended Regulations")
- The Amended Regulations came into effect on the date of publication, being 24 December 2022. The Amendment Regulations have substituted the previous Annexure B in order to update the radio apparatus, which is exempt from a radio frequency spectrum licence.
- In the explanatory memorandum attached to the Amended Regulations, ICASA explains that the amendment was required "in order to keep up with the pattern of radio use and rapid global technological advancements as they are continuously evolving to reflect the many changes that are taking place in the radio environment."
- A copy of the notice can be accessed here.
- GG 45690: Notice of Inquiry into the Long-Term Spectrum
Outlook for Public Consultation
- On 24 December 2021, ICASA published a notice regarding its intention to conduct an inquiry into the Long-Term Spectrum Outlook for public consultation. ICASA advises that the purpose of the inquiry is to conceptualise Scenario Plans for the Long-Term Spectrum Outlook for South Africa.
- Interested persons are invited to submit written representations, including an electronic version of the representation in Microsoft Word, of their views on the Draft Consultation Document on Spectrum Outlook by no later than 16h00 on 4 March 2022. Persons making representations are further invited to respond to the questions using the template which can be accessed here.
- Written representation should be directed to:
- 350 Witch-Hazel Avenue, Eco Point Office Park, Eco Park, Centurion, South Africa
- Private Bag X10, Highveld Park 0169, Centurion, Pretoria,
- marked for the attention of: Mr. Manyaapelo Richard Makgotlho
- e-mail: firstname.lastname@example.org
To read the full article click here
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.