The Project Leader: Licence Conversion

[Y O U R L E T T E R H E A D ]

December 2008

The Project Leader: Licence Conversion

Independent Communications Authority of South Africa

Attention: Mr. Bruce Mkhize

Per fax: 011 566 3184

Per email: cc.

Dear Sir

SUBMISSION OF INFORMATION AS REQUESTED BY ICASA IN GENERAL NOTICE 1422 OF 2008, GG 31611

Please find below a table setting out the information required by the Authority pursuant to General Notice 1422 of 2008.

Please note the following with regard to the information submitted:

1.  All information submitted is provided to the Authority on a without prejudice basis and we have been advised to reserve our rights in respect of the licence conversion process.

2.  In terms of clause 3.2.(vii) the Authority requires us to indicate the Geographic Coverage Area which we propose to operate in, whether we intend to provide ECNS of national or provincial scope and to specify the areas to be covered.

2.1.  We have been advised that this information is not legally required for the licence conversion process under Chapter 15 of the Electronic Communications Act (“the ECA”).

2.2.  We however recognise the interest of the Authority in such information and the fact that the Authority will be entitled to request such information from us through the standard terms and conditions of our converted licence(s).

2.3.  We submit that, given that final clarity on licence conversion of VANS to ECNS was only obtained on 21 November 2008, we have not yet had time to properly finalise our strategy with regard to the information requested by the Authority.

3.  In terms of clause 3.2.(viii)(a) the Authority proposes that we should “undertake to commence with the rollout of network within 12 months of the licence being issued”.

3.1.  We have been advised that this undertaking is not legally required for the licence conversion process under Chapter 15 of the Electronic Communications Act (“the ECA”).

3.2.  We have been further advised that a provision to similar effect is to be found in the standard terms and conditions of converted licences and that we may be bound thereby.

3.3.  We submit that, given that final clarity on licence conversion of VANS to ECNS was only obtained on 21 November 2008, we have not yet had time to properly finalise our strategy with regard to the undertaking requested by the Authority.

4.  In terms of clause 3.2.(viii)(b) the Authority requires that we must “submit a comprehensive technical plan, including propagation analysis, for the purpose of the Authority’s monitoring and information”.

4.1.  We have been advised that this undertaking is not legally required for the licence conversion process under Chapter 15 of the Electronic Communications Act (“the ECA”).

4.2.  We however recognise the interest of the Authority in such information and the fact that the Authority will be entitled to request such information from us through the standard terms and conditions of our converted licence(s).

4.3.  We submit that, given that final clarity on licence conversion of VANS to ECNS was only obtained on 21 November 2008, we have not yet had time to properly finalise our strategy with regard to the information requested by the Authority.

5.  In terms of clause 3.2.(viii)(c) the Authority requires that we must indicate voluntary obligations on how we intend to contribute to the social and economic development of the Republic of South Africa.

5.1.  We have been advised that we have an election as to whether to make such voluntary promises of performance under the licence conversion process under Chapter 15 of the Electronic Communications Act (“the ECA”).

5.2.  We however recognise that we, like all other licencees licensed under the ECA, have a positive role to play in the social and economic development of South Africa. In this light we affirm our commitment to contributing to the Universal Service and Access Fund (USAF), our observance of the e-Rate and our expectation of the imposition of universal service and/or access obligations once the necessary framework has been put in place by the Department of Communications and the Universal Service and Access Agency of South Africa (USAASA).

5.3.  We submit that, given that final clarity on licence conversion of VANS to ECNS was only obtained on 21 November 2008, we have not yet had time to properly finalise our strategy with regard to the voluntary obligations requested by the Authority.

5.4.  Nevertheless we are prepared to make the following promises of performance:

5.4.1. #1

5.4.2. #2

6.  The information requested in clause 3.2.(i) – (vi) is set out hereunder:

Full name of the Licencee:
VANS Licence Number: / VLS40/0
Shareholding details expressed in percentages:
Details of ownership by historically disadvantaged individuals expressed in percentages:
Name of Contact Person:
Contact details of Contact Person: / Tel.:
Fax.:
Email:
Mobile:
Physical address of the Licencee:
Postal address of the Licencee (if different from the above):
ECS licensing required by the Licencee:
ECNS licensing required by the Licencee:

We trust that you will find the above in order and we look forward to your notification as to when we may proceed to uplift our converted licence certificate(s).

Please contact the designated Contact Person should you have any queries.

Regards