STAATSKOERANT, 24 JANUARIE 2014 No. 37261 is therefore possible to expand service delivery and competition with appropriate policies and regulations. The shift to IP-based technologies present a major challenge to the current regulatory structure that still distinguishes between electronic communications network operators based on the kind of platform they own. As an example, some operators are licensed as electronic communications operators, whereas others are licensed as broadcasters. In theory, the electronic communications licensees could offer any type of service and data, but the current legislation requires the holding of a broadcasting licence to offer broadcasting services. The current provisions do not take into account the inherent capabilities of the IP-based network to transmit any kind of data to any device that can receive it. The exclusion of content services in the definition of electronic communications services needs to be considered, as the concept of content services has not been defined anywhere in current legislation.The other challenges associated with the current definitions are that they are country specific in an environment in which the internet is a global communications network of networks. The definitions imposed on South African services with regard to differentiation of services are inherently not possible in the internet world. Anyone anywhere the world can potentially provide broadcasting services using the electronic communications networks for reception in South Africa. This raises the question of what to regulate and why there is a need for regulation. in 5.4.1.2 Deployment of high capacity and high speed fibre networks and broadband The roll-out of fibre optical networks has revolutionised the transmission and use of electronic communications because of the increase in the amount of information that can now be transmitted. Other benefits have included an improvement in the quality of the information that is delivered, the speed of delivery and amount that can be delivered. The routing of packets on IP networks has reduced the cost of transmitting data over long distances, making for tangible reductions in the costs to communicate. The development of high capacity and high speed networks has resulted in the deployment of ICT as an enabler across all industries. How can such high capacity and high speed networks be made available to all South Africans? Research indicates that there are significant gaps in the availability of high capacity and high speed networks in rural areas. The definition of universal services currently refers only to basic voice services. The chapter on institutional arrangements and the review of the role of government identifies the need for a national plan to use the modern communication technologies to connect South Africans seamlessly wherever they are. The draft Broadband Policy will outline various targets to be achieved in connecting schools, hospitals and health facilities, government offices, etc. The roll-out of physical infrastructure is one part of the effort to deploy broadband services. As the Draft Policy acknowledges, demand side measures must be undertaken to ensure widespread usage of the deployed infrastructure. These demandside measures will also entail the provision of on-line e-government services. The current communications framework does not provide for the definition of e-government services and regulatory provisions that should govern it. Other countries provide for a framework to define e-government and other information society services that are essential for interacting and receiving governmental services. Issues of trust and security will also need to be addressed so as to ensure legal certainty. Electronic communications network operators agree that what costs the most, and, is a cause of delays in the roll-out of electronic communications networks is the civil works that 41 This gazette is also available free online at www.gpwonline.co.za 45