PRESENTATION TO PARLIAMENTARY PORTFOLIO COMMITTEE ON COMMUNICATIONS Strategic Plan 2020 – 2025 Annual Performance Plan 2020/21 6 May 2020 1
Strategic Plan 2020 – 2025 2
PRESENTATION OUTLINE STRATEGIC PLAN PART A: OUR MANDATE 1. Constitutional and Legislative Mandate 2. Policy Mandate 3. Notable Court Rulings PART B: STRATEGIC FOCUS 4. Vision Mission & Values 5. Situational Analysis PART C: MEASURING OUR OUTCOMES 6. Impact and Outcomes Overview 7. Strategic Risks PART D: ANNUAL PERFORMANCE PLAN (2020/21FY) PART E: BUDGET AND EXPENDITURE ESTIMATES 3
Part A: Mandate 4
A1. . Legislative Mandate ICASA is established pursuant to section 192 of the Constitution (1996) and in terms of the ICASA Act of 2000 ICASA’s mandate is derived from : ❑ Constitution, 1996 ❑ ICASA Act, 2000 ICASA is mandated to - ❑ EC Act, 2005 ❑ Broadcasting Act, 1999 ❑ Regulate electronic communications, broadcasting and postal ❑ Postal Services Act, 1998 sectors in the public interest ❑ ECT Act, 2002 ❑ Ensure affordable services of high quality for all South Africans 5
A2. . Poli licy Mandate In addition, ICASA derives its mandate from - ❑ The National Development Plan 2030 o NDP Five Year Implementation Plan (Government Priorities) ❑ Policy on High Demand Spectrum and Policy Direction on the Licensing of a Wireless Open Access Network, 2019 ❑ South Africa Connect - South Africa’s Broadband Policy, 2013 ❑ Broadcasting Digital Migration Policy, 2008 (as amended in 2012 and 2015) ❑ The National Treasury Economic Policy Paper, 2019 ❑ National Integrated ICT White Paper Policy, 2016 6
A2.1 Ali lignment to NDP2030 MILESTONES ICASA’s alignment to NDP ▪ Milestone 4: Licensing for ICT infrastructure deployment ▪ Establish a competitive base of infrastructure, human Development of appropriate regulatory frameworks for the ICT sector ▪ resources and regulatory frameworks Licensing and regulation to promote effective competition ▪ Prescription of a framework for facilities leasing and infrastructure sharing Milestone 6: ▪ Promote the participation of HDGs in the ICT sector, through licensing and Broaden ownership of assets by historically regulation. disadvantaged groups ▪ Milestone 12: Licensing of IMT spectrum for broadband infrastructure deployment ▪ Make high-speed broadband Internet universally Implement measures to reduce communication costs (particularly for broadband available at competitive prices services) ▪ Prescribe regulations to facilitate rapid and universal deployment of broadband infrastructure ▪ Milestone 14: Regulation of local broadcasting content ▪ Broaden social cohesion and unity while redressing Licensing and regulation of community broadcasting services 7 the inequities of the past ▪ Regulating and monitoring the broadcast coverage of elections
A2.2 .2 2019 Poli licy Dir irection (Hi (High De Demand Sp Spectrum & WOAN) ❑ The 2019 Policy Direction directs the Authority to assign high demand spectrum to existing market players as well as to the WOAN. It identifies the WOAN as “an important policy instrument to lower barriers to entry for smaller players, improve the ownership of the ICT sector by historically disadvantaged individuals and to promote service-based competition. ” ❑ In terms of section 3(4) of the ECA, ICASA must consider policies made and policy directions issued by the Minister when exercising its powers and performing its duties ❑ ICASA has commenced the licensing process in this regard – anticipated to be completed by Dec 2020 for existing market players and in 2021 for the WOAN respectively 8
A2.3 .3 Ali lignment to SA Connect The Authority is committed to the SA Connect Policy and will continue to contribute to achievement of its objectives through: ❑ Planning the use of frequency spectrum to promote broadband deployment. The focus is on making sure that adequate spectrum is available for broadband deployment (both in the short and long term) ❑ Licensing of high demand spectrum for current market players and new entrants (including making provision for a prospective wireless (wholesale) open-access operator) 9
A2.4 Ali lignment to BDM Poli licy The Authority’s alignment is through implementation of: ❑ Broadcasting Digital Migration Regulations ❑ Broadcasting frequency plans for a regime when migration will be completed ❑ Measures for an interim regime during which illumination will take place ❑ Technical standards required to facilitate a seamless migration process 10
A3. . Update on Court Ruli lings There has been a number of notable court judgements on the powers and mandate of ICASA over the past few years. These judgements will guide the Authority’s exercise of its statutory powers going forward: 1. The independence of ICASA o Minister of Telecommunications and Postal Services v Acting Chairperson, ICASA (2016) o Electronic Media Network Limited and Others v E.tv (Pty) Limited and Others (2017) 2. The regulator has no powers to regulate the governance and management structures of broadcasters o SOS Support Public Broadcasting Coalition and Others v SABC Limited (2017) 3. A regulator cannot extend its powers beyond those conferred in terms of the law o Telkom SA SOC Limited v ICASA (2016) 4. ICASA has a duty to consider competition implications in the ICT sector, the duty cannot be deferred to another authority o Telkom SA SOC Limited and ICASA (2016) 11
Part B: Our Strategic Focus 12
B1. . Vis isio ion Mis issio ion & Mandate VISION An inclusive digital society VALUES All ICASA’s MISSION To regulate regulatory activities are centred electronic communications, around five core values: broadcasting and postal ▪ innovation ▪ collaboration services in the public ▪ accountability ▪ results-driven interest ▪ stakeholder-centricity 13
B2. Ext xternal l Envir ironment OPPORTUNITIES THREATS POLITICAL ▪ ▪ ITU / WRC-19 outcomes on spectrum allocation Industry driven by technology trends: failure of regulation to keep up with rapid technological trends ▪ ▪ A sustainable hybrid funding model for the organisation Lack of an enabling funding model to deliver on mandate ▪ ▪ Policy Direction on High Demand Spectrum, 2019 Expedited implementation of project plan for licensing of HDS ▪ ▪ Consolidated Ministry for the ICT Sector (DCDT) Coordinated collaboration with DCDT and other stakeholders ECONOMIC ▪ ▪ Strategic regulatory interventions to promote economic growth Low levels of GDP growth may curtail investment in ICT infrastructure ▪ through ICTs Poor financial performance of ICT Sector – potential instability of the ▪ Regulatory framework that reduces regulatory burden and facilitate sector due to some key players facing financial ruin ease of entry and sustainability of SMMEs in ICT Sector ▪ ▪ Consolidation in the ICT sector Ineffective competition and anti-competitive effects SOCIAL ▪ ▪ Digital migration presents opportunities to improve social cohesion High rate of unemployment (especially amongst the youth), technology having a displacement effect on labour / jobs ▪ Lack of digital skills ▪ Release of HDS will advance of universal access/ service (obligations) ▪ ICT infrastructure deployment undermined by criminality/sabotage 14
B2. Ext xternal l Envir ironment OPPORTUNITIES THREATS TECHNOLOGICAL ▪ ▪ 5G deployment (South Africa amongst the first to trial 5G services) Policy dependencies on release of 5G spectrum ▪ 4IR advancement (AI, Robotics, Nanotechnology, IoTs, etc.) ▪ Legislative / regulatory framework lacks agility to keep abreast of rapid technological change ▪ ▪ Enabling innovative technologies to promote broadband deployment Disruption of traditional models for spectrum management and (dynamic spectrum access) assignment LEGAL ▪ ▪ Clearly defined mandate with broad powers to regulate the sector Inherent threat of litigation for all regulatory processes and decisions ▪ Multiple policy and legislative review processes may create uncertainty ENVIRONMENTAL ▪ ▪ A regulatory framework for rapid deployment of broadband Lack of coordination for permits / approvals for infrastructure infrastructure deployment ▪ EMF concerns regarding human exposure to radiation because of high cell density using millimeter wave frequencies (5 15
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