News / E-Bulletin
Werksmans Technology Media and Telecommunications Africa Quarterly e‑Bulletin
Jan 31,2024
This e-bulletin highlights key legislative and regulatory developments in the technology, media and telecommunications sectors in sub-Saharan Africa. This issue covers the period 16 October 2023 to 15 January 2024 and includes developments from Botswana, Eswatini, Kenya, Malawi, Mauritius, Namibia, Nigeria, Rwanda, South Africa, Tanzania, Uganda and Zambia.
Botswana
National Numbering Plan and List of Numbering Resource Allocations and Assignments
On 1 November 2023, the Botswana Communications Regulatory Authority (BOCRA) published its National Numbering Plan and List of Numbering Resource Allocations and Assignments dated August 2023. The purpose of the National Numbering Plan is to ensure transparent, non-discriminatory and efficient use of numbers. This practice assures service providers and end-users of excellent provision and consumption of telecommunications services.
IPV6 Deployment Guidelines
On 16 November 2023, BOCRA published its Draft Internet Protocol version6 (IPv6) Deployment Guidelines. The objective of these Guidelines is to provide guidance to for the successful adoption and deployment of IPv6. The deadline for comment was 5 December 2023.
Eswatini
Advisory Guidelines on the Appointment of Data Protection Officers
On 28 November 2023, the Eswatini Communications Commission published its Advisory Guidelines on the Appointment of Data Protection Officers.
Kenya
Draft National Access to Information Policy
On 18 October 2023, the Ministry of Information, Communications and The Digital Economy published the Draft National Access to Information Policy for public consultation. The deadline for comment was 6 November 2023. On 30 November 2023, the Ministry published a Revised Draft National Access to Information Policy and invited interested users to a Validation Workshop held on 13 December 2023.
Stakeholder Validation Forum of the 4th Edition of the Programming Code for Broadcasting Services
On 18 October 2023, the Communications Authority of Kenya (CA) published an invitation to stakeholders to participate in a virtual stakeholder validation forum held on 27 October 2023.
Public Consultation on Proposed Digital Sound Broadcasting (DSB) Licensing Framework in Kenya
On 31 October 2023, the CA published its Invitation to Stakeholders of the public consultation on the Draft Digital Sound Broadcasting Licensing Framework. The objective of the Licensing Framework is to provide a regulatory framework for licensing of digital sound broadcasting services in Kenya. The deadline for comment was initially 24 November 2023 but was extended by the CA to 15 December 2023.
Call for Comments on Interim Report of Competition Study in the Broadcasting Sub-sector and Signal Distribution Pricing Framework
On 29 November 2023, the CA published its Call for Comment on the Interim Report of Competition Study in the Broadcasting Sub-sector and Signal Distribution Pricing Framework. The objective of the Study was to assess competition in the broadcasting sub-sector and review the pricing and access framework applicable to all broadcasters (content providers), with a view to enhancing fair and healthy competition to maximise the efficiency of the market. The deadline for comment was 13 December 2023.
Draft Strategic Plan 2023-2027
On 12 December 2023, the Ministry of Information, Communications and The Digital Economy published its Draft Strategic Plan for 2023 – 2027.
Kenya National E-Commerce Strategy, 2023
On 18 December 2023, the Ministry of Information, Communications and The Digital Economy published the Kenya National E-Commerce Strategy, 2023.
Public Consultation on Spectrum Pricing Study
On 31 October 2023, the CA published a notification of the public consultation on the Spectrum Pricing Study. The CA is in the process of reviewing its existing Frequency Spectrum Pricing Framework, and has contracted Ms. Advatech Group and LS Telcom to jointly carry out a Frequency Spectrum Pricing Study. The consultants will help the CA to gather data and key insights regarding the current state of spectrum pricing in Kenya, and its alignment with broader market dynamics, policies and regulations. The stakeholder consultation process was carried out between 13 and 27 November 2023.
Public Consultation on Draft Guidelines for Postal Courier Mail Security in Kenya
On 22 November 2023, the CA published an invitation of the public consultation on the Draft Guidelines for Postal Courier Mail Security in Kenya. These Guidelines will provide the minimum physical and process security requirements applicable to critical facilities and handling of mail by the postal and courier licensees. The deadline for comment was 14 December 2023.
Sector Statistics Report Q1 of 2023/2024 Financial Year
On 15 December 2023, the CA published its Sector Statics Report for Q1 of the 2023/2024 Financial Year. The Report provides the performance and trends in the ICT sector for the period 1 July to 30 September 2023.
Consumer Complaints Report Q1 of 2023/2024 Financial Year
On 11 January 2024, the CA published its Consumer Complaints Report for Q1 of the 2023/2024 Financial Year. The Report is a summary of consumer complaints received and handled between 1 July and 30 September 2023.
Malawi
Cybercrimes Bill, 2023
On 17 November 2023, the Malawi Communications Regulatory Authority (MACRA) published the Cybercrimes Bill, 2023 for public comment. The Bill seeks to make provision for criminalizing offences related to computer systems and information and communication technologies; for procedures for investigation, preservation, collection and use of electronic evidence; for admission, in criminal matters, of electronic evidence; and for facilitating international cooperation in dealing with computer and cybercrimes. . The deadline for comment was 4 December 2023.
Data Protection Bill, 2023
On 7 December 2023, the Parliament of Malawi introduced the Data Protection Bill. 2023. The Bill seeks to provide a comprehensive legal framework for the processing of personal data in compliance with internationally accepted principles of data protection.
Quality of Service Reports
On 14 December 2023, MACRA published its 1st to 4th Quarter Quality of Service Reports.
Mauritius
Information and Communication Technologies (Universal Service Fund) Regulations, 2023
On 31 October 2023, the Information and Communication Technologies (Universal Service Fund) Regulations were gazetted. They prescribe the annual contribution payable into the Universal Service Fund by public operators.
Consultation Paper on Framework for Accounting Separation
On 17 November 2023, the Information & Communication Technologies Authority (ICTA) published its response to the Consultation Paper on Framework for Accounting Separation, which sets out a summary of the general comments and responses received to the different questions raised in the consultation paper, as well as the ICTA’s views on the responses received.
Namibia
Amendment to the Regulations Setting Out Fees for Spectrum Licences, Certificates and Examinations
On 6 November 2023, the Communications Regulatory Authority of Namibia (CRAN) gazetted an Amendment to the Regulations Setting Out Fees for Spectrum Licences, Certificates and Examinations.
ICT Regulatory Environment Assessment, 2023
On 7 December 2023, CRAN published its Final Market Report on CRAN ICT Regulatory Environment Assessment, 2023.
Quarterly Data Submission
On 10 January 2024, CRAN published a Notice reminding stakeholders of the Quarterly Data Submission for the period 1 October to 31 December 2023, due on or before 31 January 2024.
Nigeria
Guidelines on Corporate Governance for the Communications Sector
On 29 December 2023, the Nigerian Communications Commission (NCC) published the Guidelines on Corporate Governance for the Communications Sector, as well as a reporting template for compliance with the Guidelines. These Guidelines repeals the Code of Corporate Governance for the Communications Industry 2016.
Year End Annual Questionnaires
On 11 December 2023, the NCC published the Year End Annual Questionnaires for the following industries:
- Internet Service Providers;
- Value Added Service Providers;
- Fixed Telephony Operators (Fixed Wireless, Fixed Wired & Private Network Link Operators);
- Infrastructure Sharing & Collocation Service Providers;
- Mobile Telephony Operators (GSM & VoIP); and
- Other service providers (Interconnect Exchange, Mobile Number Portability, Open Access Fibre (INFRACOs), International Cable Infrastructure and Landing Station, International Data Access, International Gateway, Unified Access Service, Metropolitan Fibre Cable, National Carrier, National Long Distance, Automated Vehicle Tracking Services, Public Mobile Communications (Trunk Radio); and Sales and Installation.
Rwanda
Statistics Report for Telecom, Media and Broadcasting Sector for Third Quarter of 2023
On 13 December 2023, the Rwanda Utilities Regulatory Authority published its Statistics Report for Telecom, Media and Broadcasting Sector for the Third Quarter of 2023. The Report compiles the information from telecom operators, 4G wholesaler, Internet Service Providers (ISPs), Media and Broadcasting operators as per their license obligations for the period 1 July to 30 September 2023.
Seychelles
Data Protection Bill, 2023
On 22 December 2023, the Data Protection Act, 2023 was gazetted. This Act sets out the requirements for processing personal data and for protecting and facilitating the responsible and transparent flow of personal data.
South Africa
Draft Amendment to the National and Provincial Party Elections Broadcasts and Political Advertisements Regulations, 2014
On 19 October 2023, the Independent Communications Authority of South Africa (ICASA) issued a Media Statement indicating that it would embark on Provincial workshops to solicit inputs on Draft Regulations in preparation for the National and Provincial party elections of 2024. The Workshops were held between 24 October to 2 November 2023 in each province. On 8 December 2023, ICASA held virtual public hearings on the Draft Amendment to the National and Provincial Party Elections Broadcasts and Political Advertisements Regulations, 2014, which it published for public comment on 4 October 2023.
Draft Amendment to the Mobile Broadband Services Regulations, 2021
On 12 January 2024, ICASA published its Draft Amendment to the Mobile Broadband Services Regulations, 2021. The deadline for comments is 13 February 2024.
ICASA concludes the Community Sound Broadcasting Services Licensing process
On 19 October 2023, ICASA issued a Media Statement indicating that it had concluded the Community Sound Broadcasting Services Licensing process. Out of the 56 applications that were admitted to Phase 1 of the licensing process, only five applicants complied with all the pre-registration requirements in full, and they were admitted to Phase 2 of the licensing process. These five applicants were successful in the licensing process and were subsequently awarded CSBS and RFS licences.
Community Television Broadcasting Applications for Service and Spectrum Licences on Multiplex 1 (Mux-1)
On 18 December 2023, ICASA issued a Media Statement indicating that it had concluded Phase 1 of the evaluation of the pre-registration applications for Community Television Broadcasting Service and Radio Frequency Spectrum licences for the provision of community television broadcasting services on Multiplex 1 (Mux-1) frequencies. ICASA further announced that, out of the 20 applications considered for Phase 1 of the licensing process, only one applicant has successfully met all the pre-registration requirements and is therefore advancing to Phase 2 of the licensing process.
Radio Frequency Spectrum Assignment Plan for 880MHz to 915MHz and 925MHz to 960MHz band
On 27 October 2023, ICASA gazetted the final ICASA Final Radio Frequency Spectrum Assignment Plan for 880MHz to 915 MHz and 925MHz to 960 MHz band.
Amendment of Various Radio Frequency Spectrum Licences in the Frequency Bands 880MHz to 915MHz and 925MHz to 960MHz
On 27 October 2023, ICASA gazetted a Notice of Amendment of Various Radio Frequency Spectrum Licences in the Frequency Bands 880MHz to 915MHz and 925MHz to 960MHz. The purpose of this Amendment is to implement the final Radio Frequency Spectrum Assignment Plan for the frequency band 825MHz to 830MHz and 870MHz to 875MHz, concurrently with the Radio Frequency Spectrum Assignment Plan for the frequency band 880MHz to 915MHz and 925MHz to 960MHz. The licences amended are those of Cell C, Vodacom, Liquid and MTN.
Notice of further Consultation with Stakeholders with respect to the Inquiry into Subscription Television Broadcasting Services
On 10 November 2023, ICASA gazetted a Notice of its intention to conduct further consultation on the Inquiry into Subscription Broadcasting Services, and inviting written responses to three Questionnaires, i.e. for broadcasters and OTT providers, content holders and internet service providers. The deadline for comment was initially 22 January 2024, but on 14 December 2023, ICASA published a Notice extending the deadline to 15 February 2024. Following the information-gathering stage, ICASA intends to publish a Discussion Document for public comments. Upon completion of the public consultations on the Discussion Document, ICASA intends to publish its Findings.
Draft Amendments to the Radio Frequency Assignment Plan for the Frequency Band 2300MHz to 2400MHz for public consultation
On 24 November 2023, ICASA published the Draft Amendments to the Radio Frequency Spectrum Assignment Plan for the Frequency Band 2300 MHz to 2400 MHz, for public consultation. The deadline for comments was 12 January 2024.
Notice of intention to conduct Inquiry on the effects of load shedding and the regulatory relief measures the Authority may consider as it seeks ways to alleviate the impact of load shedding in the Electronic Communications, Broadcasting, and Postal Sectors
On 1 December 2023, ICASA published its Notice of intention to conduct Inquiry on the effects of load shedding and the regulatory relief measures ICASA may consider as it seeks ways to alleviate the impact of load shedding in the electronic communications, broadcasting, and postal sectors. In the Notice, ICASA invited interested parties to make written representations by 8 February 2024.
South African Broadcasting Corporation SOC Ltd Bill, 2023
On 17 November 2023, the Portfolio Committee on Communications and Digital Technologies invited interested individuals and stakeholder organisations to submit written comments on the South African Broadcasting Corporation SOC Ltd Bill [B32‑2023]. The deadline for comment was initially 15 December 2023, but it was extended to 16 January 2024.
Tanzania
Communications Statistics for Quarter ending September 2023
On 25 October 2023, the Tanzania Communications Regulatory Authority (TCRA) published its Communications Statistics Report for the quarter ending September 2023. The Report presents communication statistics for the first quarter of the financial year 2023/2024, and provides statistics on telecommunication, mobile money, internet, broadcasting, postal and other ICT-related services for the quarter.
National Emergency Telecommunication Plan
On 15 November 2023, the TCRA and Ministry of Information, Communication and Information Technology published the National Emergency Telecommunication Plan. The main objective of the Plan is to provide guidance that will lead to the improvement of Tanzania’s emergency communications.
Pre-inspection of Electronic Communications Equipment and Collection of Eco‑levy in Tanzania
On 27 November 2023, the TCRA published a Notice of Pre-inspection of Electronic Communications Equipment and Collection of Eco-levy in Tanzania. The TCRA has entered into a contract with M/S Bureau Veritas Tanzania Limited to carry out inspection processes in the country of export and facilitate the collection of an advance eco-levy for all electronic communications equipment imported into Tanzania.
Uganda
Guidelines on Access and Use of Radio Frequency Spectrum on a Temporary Basis
On 15 December 2023, the Uganda Communications Commission (UCC) published its Guidelines on Access and Use of Radio Frequency Spectrum on a Temporary Basis. The objective of these Guidelines is to facilitate the access and use of the radio frequency spectrum to support research, demonstration and technology adoption, facilitation of special events, and emergency communications.
Guidelines for the Access and Use of the Lower Part of the 6GHz (5925- 6425 MHz) band in Uganda
On 22 December 2023, the UCC published its Guidelines for the Access and Use of the Lower Part of the 6GHz (5925- 6425 MHz) band in Uganda. These Guidelines highlights key technical and regulatory requirements for access and use of the lower 6HGz band by wireless access systems and other systems that meet the requirement.
Zambia
Consultation Paper on the Development of a Regulatory and Investment Incentive Framework for the Information and Communication Technology and Postal Sectors in Zambia
On 2 November 2023, the Zambia Information and Communications Technology Authority ZICTA published its Consultation Paper on the Development of a Regulatory and Investment Incentive Framework for the Information and Communication Technology and Postal Sectors in Zambia. The deadline for comments was 10 November 2023.
Customs and Excise (Suspension) (Media, Music and Film Equipment) Regulations, 2023
On 29 December 2023, the Customs and Excise (Suspension) (Media, Music and Film Equipment) Regulations, 2023 was gazetted, which announced a three year tax holiday on broadcasting equipment, extending till 31 December 2026.
Highlights from the 2024 National Budget and Implications for the ICT Sector
On 17 October 2023, ZICTA published its Highlights from the 2024 National Budget and Implications for the ICT Sector, which highlights some of the key interventions related to the ICT sector outlined in the budget address and the anticipated economy wide implications.
