Sa Telecoms licensing

http://mybroadband.co.za/news/telecoms/2206-ICASA-self-provisioning-loophole.html

“Where a PECN operator … resells, leases or otherwise makes available any capacity on its PECN to any third part, such resale or other provisioning of spare capacity is subject to (i) a ceiling of resale of spare capacity at a maximum of twenty five percent of the total capacity of the PECN”

To qualify for a PECN there is no formal application process – licensees must merely comply with all the clauses and are hence effectively license exempt. No official ICASA approval is therefore needed to start rolling out a network.

Municipalities for example, which previously needed a Private Telecommunications Network License to operate a network, are now license exempt.

This, coupled with the ability to resell up to 25% of network capacity, is raising some serious questions about the need to apply for an expensive and difficult-to-get ECNS license.

http://saflii.org/za/legis/consol_reg/eca36o2005rangnr912713/

http://www.ellipsis.co.za/wp-content/uploads/2008/09/guide-to-licence-exemptions-under-the-eca-august-2008.pdf

Offences and Penalties
http://www.ellipsis.co.za/wp-content/uploads/2008/09/guide-to-licence-exemptions-under-the-eca-august-2008.pdf "...A person who intentionally or negligently contravenes or fails to comply with the Licence Exemption Regulations may be found guilty of an offence and, on c onviction, subject to a fine not exceeding R30 000. Any person who is aggrieved by the failure of a pers on who provides a licence ex empt service contemplated in terms of section 6 of the Act to comply with thes e regulations may lodge a complaint with the Authority for investigation and if appropriate, adjudication by the Complaints and Compliance Committee in terms of section 17B and C of the ICASA Act, 2000 ( Act No. 13 of 2000) and the imposition of a sanction by Council in terms of section 17E of the ICASA Act, 2000 (Act No. 13 of 2000)..."

What Ellipsis failed to note is that Icasa can't fine or imprison anyone, only the courts can do this. The courts nor the SAPS can prosecute anyone, only the NPA can do this and NPA isn't going to do it, hence all these rules and legislation can be ignored where it limits our freedoms to do with copper and glass whatever we want in this our country South-Africa. The legislation is for good where service providers can force that lee ways be provided to them, see http://www.dfafrica.co.za/press/2014/2014-10-01. Where the legislation is to protect the monopolies of telco's, the NPA will protect us by ignoring Icasa.

SANRAL is a classic example of how the NPA protects the public, SANRAL is powerless to enforce toll payments because SANRAL cannot prosecute anybody and the NPA isn't going to prosecute anybody for non-payment because our court system will come to a standstill. Murder cases for example will only be prosecuted after a 100 years as the courts are forced to hear thousands of e-toll cases. And this is also one reason why the Constitutional court will never review the case where gun owners under the old licensing system must relicense, it is unfeasible to criminalize the majority of SA tax base.