It seems as if there is a renewed drive from Icasa to fast track the promulgation of the Convergence Bill, and to get the final copy to Parliament for review. This is based on the fact that companies and individuals were denied an extension to submit written comments to the regulator earlier this month.

According to Mike van den Bergh, chairperson of the Communications Users Association of South Africa (CUASA), the time for oral comments is set for early May, supporting the fact that the pace is increasing.

He says that the Portfolio Committee on Communications last week had a special break-away strategy session to discuss the bill, and predicts that the final draft will be presented to Parliament by June. The deadline for written comments was 15 April.

Industry participants believe that there is still much work to be done in terms of clarifying definitions within the bill, before it can be considered for promulgation, and the transitional provisions remain a concern.

Says business development manager at Storm Telecom, Dave Gale: "The most critical thing for the company regarding the latest draft is that it is unclear how definitions fit into the market structure. Companies need to know if they will operate as a Value-Added Network Service (VANS) Provider, an Applications Service Provider (ASP) or as an Applications Network Provider, or maybe all three."

In terms of the new regime, Icasa must convert all existing licences within 12 months, but the company says, along with others, that Icasa first has to make various regulations regarding the transition process itself, and then set up more general standard terms and conditions for licences.

There is also the added concern regarding whether existing licences will be converted at the same time. "Storm does not want to be disadvantaged if a competitor receives a licence before it does. That would be unfair," Gale states.

Gale adds: "I would like the Bill to repeal all the other Acts interconnected with the Telecommunications Act, but it will be a lawyers? field day."

Concludes Gale: "Storm knows it is difficult to define categories, but it needs to be done, and companies still need clarity."

Van den Bergh, in conclusion, stresses: "We cannot afford a Bill to be pushed through if it is not clearly defined."