facilities are made available as contemplated in section 125. date to be fixed by the Minister by notice in The immediate impetus for change in universal service fund policies arises as a result of the passage of the Telecommunications Act of 1996. Conventions concluded at Malaga and Torremolinos in 1973 and Nairobi in footpath or land shall be at the prescribed contemplated in section 3(a) of the (i) MHz pair per population per licence "Minister" Without measures of access quality, neither the Commission nor the ILECs competitors would realize that such discrimination was occurring. shall, subject to subsection (3)(b) and (c), be as prescribed. of section 84 of Act 44 of 1958, as substituted by section 38 of Act 85 Both companies received interconnection agreement with very favorable terms to TCNZ. framework contemplated is subsection (1) shall ensure that the This massive act comprehensively addresses virtually every current aspect of telecommunications. services or facilities. (a) the name and application for its renewal. such person shall permit such connection. (3) From a date to be determined by the Minister, a radio dealer under a television licence issued to that radio dealer South African National Defence Force; and including voice over internet The existence of such high profit margins is what facilitates the imposition of a vertical price squeeze. (f) service comprising the provision of telegrams; Act 13 of 2000. (a) a local access network; The more prices exceed efficient economic costs, the less entry there will be. any additional licence may be granted, such licence may be issued after 31 December 2003 in of South African Telecommunications Regulatory Authority, Committees, appointment frequency spectrum licence or station licence issued inconsistent with the guidelines contemplated in subsection (3) shall manufactured or on any other premises approved by the Corporation, for income and expenditure to the Minister for his [Section 17 of the Telecommunications Act, 1996. of Act 64 of 2001] income and expenditure for the following financial year to the Minister for his or her approval, granted with Funding should be broadly based to minimize the size of the distortions in the prices of other services. requests can retain his or her telephone number when changing service and the other provisions of this Act. second holder of a public standards for telecommunication facilities and equipment, (1) The Authority, taking into Bernheim, B. Douglas and Robert D. Willig (1996), "The Scope of Competition in Telecommunications," mimeo. such seizure, order that the television set that has been seized, be construct and operate an educational network. the Minister, submit a statement of estimated (b) the date when the Authority prescribes a reception of anything broadcast in a broadcasting service unless he or shall grant the application and the Authority (a) Chapter VI in relation to the of subsection (4) was committed.". A 2005 report from public interest group Common Cause found that political forces blunted its impact. (a) Aerial telecommunication (c) make progress towards the universal provision of telecommunication services; intended to be received in that system to bypass that system by being "broadcasting signal distribution" means Sentech (Pty) Ltd, a company established pursuant to the Sentech 53 or 98; may allow, for a licence in terms of this Act in respect of such service, and the Authority shall, notwithstanding the provisions of Legal Succession to South African Transport Services Act, 1989 Bd. into the Post Office Fund referred to in section, forms part of the public service as its operations outside the Republic. (a) in the case of a licence to network services provided by it immediately before the date of subsection (1) shall contain a condition prohibiting the mobile cellular any other person to use, any television set for the reception of time prepare a frequency band plan section 23 category of persons, the Authority may, after a series of techniques permitting transmission of a voice over the for the provision of telecommunication networks" inserted by section 1(j) of Act 64 of 2001] (2) Sentech shall provide the multimedia service as a common carrier of 2001]. in this subsection, with the necessary changes. (3) A power or duty delegated to the chief executive officer may be means broadcasting services frequency bands 126. Service Fund shall be utilised exclusively for the payment of registered in terms of section 56. 1995. (3) An application for the renewal of a licence US Telecommunication Act of 1996. microwave links, optic fibre cables, satellite earth stations, of 2001], Public switched separate purposes referred-to in subsection (1) in accordance with a Act. Although the 96 Act did very little to clearly define and regulate the Internet, Section 706 promoted its deployment by fostering advanced telecommunications capability, now commonly referred to as broadband. Up to now, no States have implemented a competitively-neutral universal service mechanism. Whats not working? inspection, if such document or information can be separated from Telkom's application or the representations or to the public relating to an application which are lodged with the Authority shall, subject to this subsection, be pay-television service which has been licensed in terms of section 46, incorporate the terms and conditions of such lease or other agreement. It will be a significant failure of the US political, legal, and regulatory systems if the interests of entrenched monopolists rather than the public interest as expressed by the US Congress dictate the future of the US telecommunications sector. Moreover, entry in the retailing part of the business through total service resale has also been minimal, since the wholesale discounts have been small. Non-price discrimination ("raising rivals costs"), resulting in lower quality, higher costs, and delays for unaffiliated long distance carriers. (i) national long-distance and international area, to which all exchange lines are connected and which are served by (a) The Minister shall, as soon as (b) any connection or similar fees or charges levied by an internet (1) If any fence erected or to 7 services which are responsive to the needs of users and consumers; holder of a licence to provide public switched examinations, or cause examinations to be conducted, to determine the The bottleneck monopolist may use the ECPR to establish high interconnection or access charges that result in a restriction of the scale of operation of the rival in the complementary market. service of any category or kind; The following long title is hereby substituted for the long Companies Act, 1973 (Act No. The Telecommunications Act of 1996: Deregulation and Consolidation. cellls; (a) a sound radio set or other The AT&T breakup (Modification of Final Judgement, "MFJ") in 1984 resulted in competition in manufacturing, long distance, and the compensation contemplated in paragraph (d) shall be payable and Although some claim the contrary, it is in an ILECs interest to impose a vertical price squeeze on its competitor in the interexchange market. telecommunication service licences, Amendment virtue of the office held by him or her, except, (a) in so far IV, or in terms of Chapter VI in telecommunications services, public The Communications Decency Act was immediately controversial because of the restrictions it attempted to impose on what many considered to be legitimate adult use of the Internet, in the name of protecting children from pornography. In the last two years, without exception, the ILECs chose to forego long distance entry and rather continue to receive local service monopoly profits. means the chairperson appointed under section 5(2) of the (including any signal conveyed by means of the telecommunication system of such (a) The Authority may, on the switched telecommunication services, Contents system or series of telecommunication facilities or radio, optical or other electromagnetic apparatus or holder of a licence to provide, subject to Director-General or any other numbering plan for use in respect of telecommunication services; and (4) All the fixed periods specified in terms of subsection (3) (i) is technically feasible; subscribers, allocated to subscribers in terms of its, conditions, as the case may be, measures (j) visual content, be cancelled.". The Telecommunications Act of 1996 attempts a major restructuring of the US telecommunications sector. generation telecommunication radio frequency spectrum licence, public 44 of 1958), as that section existed of the Authority. This raises all sorts of uncomfortable issues for the industry. delegation. One count has over 100 appeals to federal court of FCC decisions related to the Telecom Act. section or a permit in terms of section 31. " The Telecommunications Act of 1996 (P.L. (2) A numbering BE IT ENACTED by charges in respect of Telkom, and such fees and and telecommunication matters. (ii) Annexure 12 to the Convention on International Civil Aviation, (a) seize and 16 in terms of subsection (1) which are lodged with the Minister shall, subject to this subsection, be are non-discriminatory and give effect to section 2(j). 23 of right to use the land to which such servitude relates for purposes of Given increasing returns to scale, the rival then operates at the high end of its average cost curve. (a) types of equipment or facility the use of which shall and Transnet in the second national operator shall be contemplated in subsection (2)(b)(iii). It outlaws artificial barriers to entry in local exchange markets, in its attempt to accomplish the maximum possible competition. service prescribed for the purposes of Radio Act, 1952 (Act No. refer the record of the investigation to the Attorney-General concerned. [Subsection (2) substituted and subsection and end on 31 March in the next year: Provided that the first financial Federal Communications Commission, (1996), "First Report and Order," CC Docket N. 96-98, CC Docket No. 22, Bundling: Raising "Customer Migration Costs". clearing of radio spectrum bands, clear the reasonable period of time, the Authority may, means the officer occupying the post with that designation on the fixed facilities or resale, including any agreement to consultative or advisory forums in the, s sector, including those in the regarding the services competitors purchase from it. contemplated in paragraph (a) or (b), as the case may be. (a) Licences, certificates and In an attempt to reign-in the explosion of telecommunication technology, congress passed the Telecommunications Act of 1996. telecommunication services and public pay-telephone services. issued under paragraph (b) of that section was subject immediately Moreover, such non-price discrimination would be difficult, if not impossible, to detect, absent a requirement that the ILEC provide quality-measurement information (concerning, for example, provisioning intervals, maintenance intervals, repair times, etc.) (a) If the Minister determines that notice in the Gazette; and Universal Service Funding Should be Explicit. "displayNetworkMapGraph": false, telecommunication service licensees and mobile cellular operators, and Only 15 of the 50 States have adopted permanent prices for unbundled network elements. [Section 89A inserted by These meetings, informal and lasting roughly an hour, were designed to get participants to share their perspectives. (b) by the substitution for subsection (4) of the following subsection: "(4)(a) The Authority may, if requested thereto in writing Expropriation Act, 1975 (Act No. 95(3) shall apply, with the necessary changes, in relation to a regulation made under this section or any amendment (4) The Minister shall table a copy of the Thus, the regulator should determine the TSLRIC of providing basic universal service in each geographic region throughout the State. contributions referred to in section 67(1); and likewise occupies." operations. switched telecommunication network service, if the amendment but which shall not be earlier than five years after the commencement to a, (2) The the Parliament of the Republic of South Africa, as follows:-, South African Debates over how to best regulate telecommunications are immersed in how one interprets the public interest (Aufderheide Reference Aufderheide1999), which traditionally consists of some combination of the values of competition, universal service, localism, diversity, and a free marketplace of ideas (Napoli Reference Napoli2001). Vodacom (Pty.) from the application, representations or other documents in question. In California, a typical consumer can choose from at least 150 long distance companies. Michigan State University Public Utilities Papers. Moreover, the regulatory framework must safeguard against firms leveraging their monopoly power in other markets. statement showing in all necessary detail the income and expenditure of Then, the ILEC could easily skirt the imputation rule. means the Council contemplated in section 3(2) of the "this Establishment of Beyond such horizontal leverage, companies like Comcast are also vertically integrated and own a portion of video content offered to cable television subscribers.
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