Telecommunications and Media
MHA has particular expertise in electronic communication regulatory matters relating to the licensing and regulation of broadcasting, telecommunications, and other forms of electronic communications. The scope of work includes drafting legislative amendments, regulations, licence applications, contracts, opinions and pleadings, reviewing applications for licences and licence amendments, and preparing written representations for clients including government authorities.
Key telecommunications and media projects that we have been involved in include the following:
- Advising ICASA (Independent Communications Authority of South Africa) on various matters on an ongoing basis for at least the past 8 years, including drafting of regulations, providing legal opinions, public enquiries and litigation, including but not limited to the following:
- The disposal by Telkom Limited of its 50% interest advise limited to Vodaphone Limited.
- Drafting of proposed amendments to the Electronic Communications Act, 36 of 2005.
- Drafting of mobile handset regulations.
- Drafting of type approval regulations communication equipment.
- Drafting of radio frequency spectrum licence regulations.
- The constitutionality of amendments to the Independent Communications Authority of South Africa Act, the ICASA.
- The constitutionality of certain provisions of the Broadband Infraco Act.
- The interconnection dispute between MTN and Cell C.
- The constitutionality, the legality of the policy directive issued by the Minister of Communications on the determination of interconnection rates for mobile telephoning termination rates.
- Drafting of mobile broadcasting regulations.
- Representation on various matters before the CCC.
- Drafting of electronic communication services ownership and control regulations.
- Drafting of electronic communication network service ownership and control regulations.
- Advising the NEPAD and Baharicom Department of Communications in a project for the construction, operation and maintenance of a broadband submarine place Optic Cable Network that would circumscribe the entire African continent and link with Europe, Middle East and India.