STAATSKOERANT, 24 JANUARIE 2014 Chapter No. 37261 Enabling environment or electronic Communications 5.1 Introduction The past decade has seen an unprecedented rise in the number of people connected to voice, video and internet services globally. The International Telecommunication Union estimates that 5,2 billion people will be connected globally using mobile devices by 2020. The strong evidence of linkages between investment in Information Communications Technologies, economic growth, improvements in the economy and other social indicators is now widely accepted. However, such development objectives can be achieved only within an enabling environment, which inherently comprises the infrastructure and services of electronic communications (previously known as telecommunications). This Chapter thus examines the key issues related to the creation of a sustainable enabling environment for the deployment, uptake, and adoption of ICTs in the South African environment. Its focus therefore is on the key issues in the policy environment matters which relate to infrastructure issues. This includes: policy and regulation framework; economic regulation; specific technology matters; and Radio Frequency Spectrum. In the current era, one of the most pressing issues related to the creation of an enabling environment relates to broadband policy. This is receiving attention world-wide, and according to the ITU, 134 countries today have comprehensive plans to introduce broadband and Information Communications Technologies as part of their developmental plans. South Africa is also in the process of finalizing its own Broadband Policy, Strategy and Plan "South Africa Connect" - that sets targets and programmes for the widest distribution and use of ICTs in line with the vision contained in the National Development Plan which seeks to ensure the creation of a "seamless information infrastructure, which will be universally available and accessible, and will meet the needs of individuals, business and the public sector, providing access to the creation and consumption of a wide range of converged services required for effective economic and social participation - at a cost and quality at least equal to South Africa's main economic peers and competitors" (NDP: pg170). 5.2 Regulatory Environment 5.2.1 Challenges In spite of the positive growth achieved since the adoption of the Telecommunications White Paper, research conducted during the current policy review process identifies a number of unintended consequences of the policies pursued over the past 15 years. The electronic communications sector is not as competitive as it should be. The pro-competition regime envisaged in the legislation has not been fully implemented and consequently has not borne the intended outcomes. The fixed and mobile sectors are dominated by entrenched operators with significant market power who are able to influence market developments significantly. The regulatory environment is relatively weak with an under resourced and under capacitated regulator. A review of the institutional roles and responsibilities of the different players involved in policy and regulatory settings indicate a lack of common purpose and interaction to the degree required to drive policy. The lack of interaction is at times institutionalised. The question now is how all institutions dealing with public policy can better cooperate to deliver on the key policy and legislative mandates. 5.2.2 Current legislative framework The Electronic Communications Act of 2005 provides a regulatory framework for licensees in the electronic communications sector. The Electronic Communications Act of 2005 was intended to provide a legal framework to allow for the opening up of the sector to new 33 400167—D This gazette is also available free online at www.gpwonline.co.za 37