MEETING OF SADC MINISTERS RESPONSIBLE FOR COMMUNICATIONS AND ICT

Transcription

1 SADC ICT MINISTERS 2012 ISSUES FOR DECISION MEETING OF SADC MINISTERS RESPONSIBLE FOR COMMUNICATIONS AND ICT La Plantation Resort and Spa BALACLAVA, MAURITIUS 8 NOVEMBER 2012

2 1.0 Adoption of the Agenda and Work Programme 2.0 Report on the Implementation of the Ministers Decisions Télécommunications and Information Communication Technologies (ICT) 3.1 Policy, Standards and Regulation SADC Regional Roaming (SADC Home and Away Roaming) Spectrum Radio Planning, Management and Allocation Review of SADC Frequency Band Plan Review of Guidelines Frequency Spectrum Issues Review of SADC Wireless Technologies Policy and Regulatory Guidelines, Review of SADC Framework for Harmonisation of Frequencies for Public Protection and Disaster Relief (PPDR) Proposed Guidelines for Accessing the Unlicensed Spectrum Bands Development of Broadband Frequency Harmonised Plan Review of the SADC Channeling Plan State of Implementation of the SADC Digital Migration Roadmap SADC Harmonised Cyber Security Legal Framework Draft SADC Model Law on Cybercrime Draft SADC Model Law on Data Protection Draft SADC Model Law on E-Transaction/E-Commerce AU Convention on Cyber Security SADC Converged Regulatory Framework (CRASA/SAPRA Merger) Implementation of e-sadc Initiative 1 P a g e

3 SADC e-commerce Readiness Study SADC e-commerce Strategy Proposed SADC ICT Observatory Internet Governance Forum (SAIGF, Africa IGF, Global IGF) 3.2 ICT Infrastructure Development SADC Regional Infrastructure Development Master Plan (RIDMP) ICT Chapter of the SADC Regional Infrastructure Development Master Plan RIDMP Short Term Action Plan (STAP) SADC Regional Infrastructure Development Master Plan (RIDMP); Implementation Plan and Way Forward SADC Regional Information Infrastructure (SRII) Setting of a National and Regional Internet Exchange Points (NIXPs and RIXP) National and Regional integrated Broadband Infrastructure Report on the Status of the Implementation of the Pan African e- Network Project 3.3 SADC Postal Services Development Report Postal Regulation and Policy Postal Development and Operations Postal Development Implementation of Special Parcel Services Regional Electronic Money Transfer Status of Global Monitoring System (GMS) Regional Road Transport Network Project Quality of Service Audit by UPU Postal Service Guide for Mail and Financial Services Outcomes of the 25 th UPU Congress held in Qatar, September P a g e

4 3.3.7 Regional Positions for the 25 th UPU Congress Report on the Outcomes of the 25 th UPU Congress 2012 and Way Forward 3.4 Report on Regional Initiatives Report on the Outcomes of the ITU World Radio Conference 2012 and Way Forward WRC Report and Consideration of the SADC Harmonised Position on the World Conference on International Telecommunication (WCIT 12) Report and Consideration of the SADC Harmonised Position on the World Telecommunications Standardisation Assembly (WTSA 12) Proposed SADC ICT Infrastructure Investment Summit Review of the SADC Protocol on Transport, Communications and Meteorology SADC ICP ICT Thematic Group Report on the African Union Dot Africa Project SADC Regional ICT Priorities for 2013/ Any Other Business 5.0 Date and Venue of the Next Meeting 6.0 Closing Ceremony/ Vote of Thanks 3 P a g e

5 ANNEXURES TO MINISTERS ANNOTATED AGENDA 1. SADC/CM/ICT 2012/01: Draft Agenda and Work Programme 2. SADC/CM/ICT 2012/02: ICT Decision Implementation Matrix 3. SADC/CM/ICT 2012/03a: Regulatory Impact Assessment (RIA I) Report on Status of Implementation 4. SADC/CM/ICT 2012/03b: RIA II Final Report 5. SADC/CM/ICT 2012/03c: Regional Alliance Task Team (RATT) Report to the SADC ICT Ministers 6. SADC/CM/ICT 2012/04a: Revised SADC Roadmap on Digital Terrestrial Television (DTT) 7. SADC CM/ICT 2012/04b: Report of the 3 rd Broadcasting Migration Forum 8. SADC CM/ICT 2012/04c: Report of the 4 th Broadcasting Migration Forum 9. SADC CM/ICT 2012/04d: Report of the CRASA/SADC Technical Committee 10. SADC/CM/ICT/2012/04e: Implementation Steering Committee Meeting Report 11. SADC/CM/ICT 2012/05a: SADC Model Law on Cybercrime 12. SADC/CM/ICT 2012/05b: SADC Model Law on Data Protection and 13. SADC/CM/ICT 2012/05c: SADC Model Law on Electronic Transactions 14. SADC/CM/ICT 2012/06: Draft AU Convention on Cyber Security 15. SADC/CM/ICT 2012/07a: Report of e Commerce Assessment and Readiness Study 16. SADC/CM/ICT 2012/07b: Report of the SADC e-commerce Strategy and Action Plan 17. SADC/CM/ICT 2012/08: SAIGF Communique 18. SADC/CM/ICT 2012/09: Status of Regional Postal Projects and other related initiatives 19. SADC CM/ICT 2012/10: Report of the WRC SADC/CM/ICT 2012/11: CRASA Report on Activities Undertaken During 2011/ SADC/CM/ICT 2012/12: SATA Report on ICT Infrastructure Development 2011/ SADC/CM/ICT 2012/13: SATA Status Report on SRII Phase I and II 23. SADC/CM/ICT 2012/14a: Digital SADC 2027 ICT Chapter of the RIDMP 24. SADC/CM/ICT 2012/14b: RIDMP ICT Short Term Action Plan (STAP) 25. SADC/CM/ICT 2012/15: SADC Reference Document to the 25 th UPU Congress 26. SADC/CM/ICT 2012/16: Article 10 of the SADC Protocol on TCM 27. SADC/CM/ICT 2012/17: SADC-ICP ICT Thematic Group TOR 28. SADC/CM/ICT 2012/18: Status of the Pan African E-Network Project 29. SADC/CM/ICT 2012/19: Draft SADC Priority Projects For 2013/ SADC/CM/ICT 2012/20: CRASA Revised Constitution 31. SADC/CM/ICT 2012/21: SADC Sub-Regional Preparatory Meeting on WCIT-12 Report 32. SADC/CM/ICT 2012/22: SADC Sub-Regional Preparatory Meeting on WTSA-12 Report 4 P a g e

6 1.0 ADOPTION OF THE AGENDA AND WORK PROGRAMME Ministers are invited to consider and adopt the Draft Agenda (SADC/CM/ICT 2012/01), to be presented by the Secretariat. 2.0 REPORT ON THE IMPLEMENTATION OF MINISTERS DECISIONS 2011 During the year under review the Secretariat embarked on the implementation of the agreed SADC ICT Programme and wishes to present to Ministers a report detailing the progress made in relation to the Priority Action Areas including Model Laws on Cybercrime, Data Protection and Electronic Transactions; an update with regard to the implementation of the SADC Roadmap on Digital Broadcasting Migration 2013; SADC e-commerce Framework; SADC Home and Away Roaming; SADC Regional Information Infrastructure (SRII); and the ICT Chapter of the SADC Regional Infrastructure Development Master Plan (RIDMP). 2.1 SADC ICT Ministers Decision Implementation Matrix Ministers are invited to consider the SADC ICT Ministers Decision Implementation Matrix prepared by the Secretariat, to track progress in relation to the implementation of Ministers Decisions, attached as SADC/CM/ICT 2012/ TELECOMMUNICATIONS AND INFORMATION COMMUNICATIONS TECHNOLOGIES (ICT) SECTOR The SADC Secretariat under the guidance of Ministers of ICT embarked on a number of initiatives that have seen the implementation of the Communications and ICT Programme within the context of the Protocol on Transport, Communications and Meteorology (1996), the SADC Head of States Declaration on ICT (2001) Regional Indicative Strategic Development Plan (RISDP) as well as the SADC Regional Infrastructure Development Master Plan(RIDMP) that was adopted by Summit, in August The first wave of reform of the Telecommunications sector which came about during the 1900 s resulted in changes to legislative and regulatory frameworks. SADC Member States have proceeded to liberalise the sector and introduce competition. In recent years, guided by the SADC Declaration on ICT the sector is calling for recognition of convergence of ICT technological platforms in accelerating the ability to use the single network to provide a wider range of services and to enable the modification of existing networks to provide such expanded range of new services. 5 P a g e Through the increased use and improved access to ICT services and applications there is now a greater opportunity for the SADC to gain competitive advantage over other regions in Africa and the rest of the world through the adoption of effective legal and regulatory frameworks that would create the necessary enabling environment to support public and investor confidence; ensure stability; transparency; competition; investment; innovation and growth

7 6 P a g e in the ICT Sector to realise the Regions ultimate goals of Regional Integration and Poverty alleviation. 3.1 Policy, Standards and Regulation SADC Regional Roaming (SADC Home and Away Roaming) Development of a Framework for SADC Home and Away Roaming Regulatory Impact Assessment I (RIA I) Ministers will recall that the SADC ICT Ministers at their meeting held in June 2007 in Maputo, Mozambique, directed the SADC Secretariat, in conjunction with CRASA and SATA to investigate mechanisms for reducing the high cost of roaming in SADC. A Round Table convened in November 2008, to discuss the issue adopted a communiqué that laid the foundation for the establishment of the Regional Alliance Task Team (RATT) on SADC Home and Away Roaming, comprising of SADC Secretariat, CRASA, SATA and GSMA Africa and SADC Parliamentary Forum (as an observer) Ministers will also recall that the main task of the RATT was to investigate mechanisms of reducing the regional roaming charges in SADC with a view to submit a report to Ministers for their final decision. Since Ministers had already taken a principle intervention in this regard, the focus of the exercise was to propose a tangible Action Plan to be considered by Ministers. During one of the RATT Round Tables, recognition was made of the need to conduct a Regulatory Impact Assessment (RIA) on SADC Home and Away Roaming. However, due to financial constraints, a partial RIA was done. The RIA I report was submitted to the SADC Ministers at their meeting in Angola in Ministers will further recall that that the RIA I recommended that SADC should adopt a Policy Statement that seeks to meet the following policy objectives: 1) Regular roaming data collection; 2) Promotion of multilateral cost reduction measures and roaming hubbing; 3) Lowering of regulation and cost of access to international voice gateways; 4) Increased transparency and consumer protection; and 5) Price control regulation by agreement Ministers are invited to note the implementation Report detailing the status of the implementation of RIA I that has been prepared and is attached as SADC/CM/ICT 2012/03a Regulatory Impact Assessment II Ministers will recall that the RIA I provided Ministers with a brief overview of roaming issues and the status of roaming in SADC, however, the Report did not provide economic analysis regarding the issue. The SADC Ministers directed that Regulatory Impact Assessment (RIA II) on SADC Home and Away

8 7 P a g e Roaming should be embarked on, in order, to provide for the cost analysis study and allow Ministers to make an informed decision Ministers are invited to note that RATT launched the RIA II in April 2011 and commenced the second phase with a pilot study. The RIA II study which was fully funded by CRASA, has the following Terms of Reference for: 1) The Report on the Underlying Costs of SADC Regional Roaming Services through the: a) Analysis of roaming traffic volumes for voice, sms and data within the Region; b) Analysis of retail and wholesale tariffs for voice, sms and data roaming; c) Analysis of retail and wholesale revenues for voice, sms and data roaming; d) Analysis of the cost to the network of voice, sms and data roaming; e) Impact of seamless/one network roaming arrangements on competition; and f) Impact of seamless/one network roaming arrangements on operator revenues derived from roaming. 2) The recommended policy option to be applied to Away Roaming in the SADC Ministers are invited to note that the final Report on RIA II has been completed and further consultations were undertaken between the RATT and GSM Association. The Final report on RIA II is attached as SADC/CM/ICT 2012/03b Ministers are invited to note the following findings of the RIA II Report: i. The Region had low levels of traffic for regional roaming and this could be due to a notable prevalence of plastic roaming. ii. With the exception of a small number of operators, roaming accounts for only a small part of the operators total revenue. In effect, regulatory intervention would not affect the operator s revenue however, any intervention should be well informed and based on sound policy and regulatory principle (particularly as operators may not be keen to invest in roaming due to its apparent low business impact). iii. One of the top three (3) countries in the region which has more inbound than outbound roamers charges a wholesale rate that is 500% higher than the average rate charged in SADC; and iv. Some opposition to any recommendation made could be expected for those countries that rely, on a larger extent, on the income of inbound roaming Ministers are invited to consider the following Recommendations from the RIA II Report:

9 Phase 1: Liberalisation, Information and Data Collection It is proposed that the first step in the process towards responsible roaming regulation should involve a number of actions that could be taken simultaneously. These actions would need to be taken at a Regional level, as well as at a National level and would include: a) Requirements to provide information to regulators; b) harmonisation and commitments to liberalise national markets; c) measures to promote fairness and reasonableness in relation to roaming agreements; d) transparency through obligations to publish prices and terms and conditions and; e) National Regulatory Impact Assessments Phase 2: Roam Like A Local SADC could consider establishing a Roam like a local. The roam like a local approach links the roaming price to the price paid for international calls in the visited country. Similarly, this approach requires a mark-up to ensure that operator costs are covered. The beneficial outcomes of this approach are considered to include the avoidance of margin squeeze, although on the negative side, it could be seen as less consumer-friendly (unless information is contained in SMS Welcome/Bon Voyage message or if the consumer conducts his/her own research). Additional criticism is the fact that annual benchmark rates must be determined for each visited country. It is critical for the successful implementation of Phase 2, that connectivity (interconnection) between operators directly be encouraged in order to bring down the costs introduced by international carriers Phase 3: Price Regulation SADC could consider regulating the regional roaming prices. Roaming price regulation is not a simple process. It should be embarked upon once there is evidence that there is insufficient competition and a need for regulators in the region to regulate the relevant roaming markets. This decision needs to be informed by a detailed market analysis which requires that Phase 1 and Phase 2 have been completed. After many years of roaming price regulation, the EU still does not regard the regulation as successful, and decided to continue with the regulatory process. The Study recommended that price regulation only be considered in SADC once Phases 1 and 2 are completed and after significant amounts of data have been collected enabling detailed trend series data in order to provide insight in the structural characteristics of the market over a number of years, this is to ensure a well informed and evidence based regulatory process Ministers are invited to note that the SADC Regional Alliance Task Team (RATT), met in Zanzibar, Tanzania on 24 th October The RATT discussed 8 P a g e

10 the RATT Report to the Ministers, emanating from the outcome of the RIA II study which provided a number of options for SADC to consider as a way forward with regard to Roaming. The options available to the Region the following: Phase i: Liberalisation, Information and Data Collection Phase ii: Roam like a local Phase iii: Cost based Price Regulation Decision Ministers are invited to note the recommendations of the Regional Alliance Task Team (RATT) pertaining to Phase i as attached as SADC/CM/ICT 2012/3c Ministers are further invited to approve as a way forward the following recommendations of the RATT: a) Regulators must use the relevant legal instrument at their disposal to enforce the following transparency measures: 1. All Operators must provide roaming information to consumers using various tools including SMS notifications, websites and brochures. 2. The roaming information should provide at a minimum: i. Tariffs for voice, SMS and data. ii. Balance and call limit information. b) Introduction of Roam Like a Local : 1. Urge the Regulators to engage Operators and ensure that all measures are put in place to effectively implement the recommendation on Roam Like a Local within 18 months from the date of the Ministers Meeting Ministers are invited to direct the SADC Secretariat to further engage RATT regarding Phase ii and Phase iii which focus on data gathering in Member States for a minimum of 24 Months for purpose of assisting with recommendations for phase II and phase III Spectrum Radio Planning, Management and Allocation Review of SADC Frequency Band Plan Ministers will recall that harmonisation in the use of the radio spectrum is crucial. This is to ensure, amongst others, economies of scale in the radio equipment, interoperability between systems and networks, facilitating frequency coordination between countries, establishing international systems and networks and to enable roaming between networks. In 2010, SADC reviewed its SADC Frequency Allocation Plan (FAP), which was approved by Ministers. The 2010 Plan reflects the harmonised frequency allocation in the 9 P a g e

11 SADC region as far as possible. As per SADC adoption procedures, the Plan was approved and adopted by Ministers at their meeting held in Luanda Angola in May At their meeting, Ministers urged Member States to harmonise their national frequency Band Plans with the approved SADC Frequency Band Plan Ministers are invited to note that the Frequency Band Plan reflects the regional harmonised frequency allocation as in 2010 and was based on the 2008 edition of the International Telecommunications Union (ITU) Radio Regulations (ITU- RRs). The Plan also incorporated the regional frequency allocation and utilisation needs which may not have been explicitly reflected in the ITU Radio Regulations at the time but for as long they were consistent with the ITU Radio Regulations (ITU RRs) Ministers are also invited to note that the 2012 World Radio Conference (WRC- 12) was held in Geneva - Switzerland under the auspices of the ITU. WRCs are held nearly every four years and are responsible for the revision of the ITU-RRs which are the supreme statutes on frequency allocation and utilization worldwide. Following WRC-12, the ITU-RRs were effectively amended by the conference decisions as contained in the WRC-12 Final Acts. One of their major decisions of the Conference was the tentative extension of the digital dividend in the 700MHz band which could see more spectrum allocation to broadband applications for even enhanced social-economic development of the region Ministers are further invited to note that in order to reflect the decisions of WRC-12 as contained in its Final Acts and also the latest frequency allocation and utilization needs of the region, there is need to revise the 2010 SADC FAP. The revisions of the SADC FAP involves incorporating the decisions of the WRC-12. Specifically, the changes to the Article 5 (which is the ITU Table of Frequency Allocation) made by WRC-12 shall be incorporated and reflected in the revised SADC FAP to yield a draft SADC FAP Further, other frequency allocation needs of the region shall be incorporated provided they are consistent with the ITU-RRs and in particular, regarding the Article 5 provisions. Re-assessment of the footnotes by respective countries will also be done. Decision Ministers are invited to direct SADC Secretariat in conjunction with CRASA to review the SADC Frequency Band Plan allocation based on the WRC-12 decisions and to present a Report to the Ministers at their next meeting Review of SADC Framework for Harmonisation of Frequencies for Public Protection and Disaster Relief (PPDR) Ministers are invited to recall that the SADC Region in March 2011 adopted the SADC Framework for Harmonisation of Frequencies for Public Protection and Disaster Relief (PPDR). The framework identified the frequency bands which 10 P a g e

12 11 P a g e address PPDR s requirements in the long run. The framework specifies frequencies for narrow band, wideband and broadband PPDR applications. It should be noted that PPDR can be applied on a national and international level; whereas every SADC country has its own PPDR systems and procedures, the ultimate goal was to have interoperable and harmonised PPDR systems at regional level and beyond Ministers will recall that their decision to endorse these Guidelines provided confidence to ICT industry and potential users due to the fact that the SADC provided for the necessary spectrum to meet the market developments especially the digitalization of systems Ministers are invited to recall that the WRC-12 amended the ITU-Radio Regulations (ITU-RRs). One major amendment was done in Resolution 646 (Res. WRC-12) which encourages administrations to consider identified frequency bands/ranges or parts thereof when undertaking their national planning for the purposes of achieving regionally harmonized frequency bands/ranges for advanced public protection and disaster relief solutions In order to reflect the decisions of WRC-12 as contained in its Final Acts and also the latest frequency allocation and utilization needs of the region, provided that these are consistent with the ITU Radio Regulations, the 2011 SADC Framework for Harmonisation of Frequencies for Public Protection and Disaster Relief (PPDR) needs to be revised. Decision Ministers are also invited to note that the review of the Framework for Harmonisation of Frequencies for PPDR is being undertaken. The TOR for the project on the review of the SADC Framework for Harmonisation of Frequencies for PPDR has been developed and work is underway. The project is envisaged to be completed by April Ministers are invited to direct the Secretariat in conjunction with CRASA to undertake and finalise proposals for the review of the Framework for Harmonisation of Frequencies for Public Protection for SADC and Present the proposals to the next meeting of Ministers Proposed Guidelines for Accessing the Unlicensed Spectrum Bands Ministers are invited to note that unlicensed or license free spectrum allows for usage of spectrum for services or applications in spectrum bands that has rules already predefined for both the hardware and deployment methods of such radio equipment. In these bands, there is less restrictions to the number of users rather than the restricted usage of the licensed bands. In most administrations, the use of such bands only requires certification of equipment being deployed by the regulators. Some of the licensed free frequencies have been used for deployment of remote controls for household use, microwave ovens, cordless telephone and others. However, recently, emerging

13 technologies such as Wi-Fi networks, cognitive radio and mesh networks have also been able to be assigned in these bands Ministers are also invited to note that recognition has been made regarding the increase in the innovations and deployments in the unlicensed bands. There is need, therefore, to ensure that there is coordinated allocation of the license free spectrum. There is also need to expand the spectrum capacity through frequency re-use and offerings of lower entry barriers to wireless service providers. In this regard, the CRASA Frequency Planning Sub Committee shall undertake the development of a SADC Guideline for Accessing the Unlicensed Spectrum Bands. Decision Ministers are further invited to note that the Terms of Reference for the project the development of a Guideline for Accessing the Unlicensed Spectrum Bands in SADC has been developed and work is underway. The Project is envisaged to be completed by April Ministers are invited to direct the SADC Secretariat in conjunction with CRASA to expedite the development and finalisation of the Guidelines for accessing the Unlicensed Spectrum Band, and present the proposals to the next Ministers Meeting State of Implementation of the SADC Digital Migration Roadmap Ministers will also recall that at their Special Session held in Lusaka they resolved that SADC Member States should adopt DVB-T2 with MPEG4 compression as the digital terrestrial television broadcast standard for the SADC Region, with those SADC Member States that have already started implementing DVB-T Standard proceeding with it but ultimately migrate to DVB- T2 with MPEG4 compression Ministers will further recall that the Lusaka Special Session also resolved that any SADC Member State that chooses to adopt any standard other than DVB- T2 with MPEG4 compression should do so in compliance with Geneva ITU GE- 06 Agreement of 2006, to which all SADC Member States are signatories Ministers will recall that the Lusaka Special Session also approved the revised SADC Digital Television Migration Roadmap to be adopted by SADC Member states in a bid to harmonise the migration to digital broadcasting in the region Ministers will also recall that in June 2011 in Gaborone, Botswana, a Progress Report on Broadcasting Digital Migration in the SADC Region was presented. The Ministers directed that a forum be convened to review the status of implementation of the SADC Roadmap and the associated timelines Ministers are invited to note that the Third SADC Digital Broadcasting Migration Forum was convened from the 11 th to 13 th October 2011 in Luanda, Angola, to among others take stock of the progress of SADC Member States on the 12 P a g e

14 13 P a g e implementation of the SADC Roadmap for Digital Broadcasting Migration; Review the SADC Roadmap for Digital Broadcasting Migration and time lines; Formulate an Action Plan; and to Assess the Institutional Arrangement for the setting up of the Special Desk to oversee the implementation of the SADC Roadmap for Digital Broadcasting Migration. The Report of the 3 rd Digital Broadcasting Migration Forum is attached as: (SADC CM/ICT 2012/04b) Ministers are also invited to note that the 3 rd Forum made the following recommendations: The creation of the following institutional Arrangements: i. National Inter-Ministerial Committee; ii. Establishment of a National (DTT migration) Project Management Offices (capacitated with dedicated resources); iii. Establishment of National and regional multi-stakeholder forums; iv. Establishment of Regional Implementation Steering Committee; and v. Establishment a Regional DTT Broadcasting Migration Special Desk That various funding mechanisms for Digital Broadcasting Migration should be explored such as Universal Service Fund (USF), PPP, licensing of digital dividend and other such funding mechanisms The following SADC Roadmap Implementation Events: I. A Special Session for the ICT Ministers will be held on DTT Broadcasting Migration. South Africa has voluntarily offered to host this event in II. Both Mozambique and Tanzania have offered to host one DTT Broadcasting Migration Forum in 2012; III. Namibia offered to host a DTT Broadcasting Migration Forum back-to-back with another SADC meeting in 2013 and Zambia also offered to host the 2013 Forum; and IV. The Implementation Steering Committee would meet bi-annually Ministers are invited to mandate the Implementation Steering Committee to finalise the technical specifications for low cost FTA STB and develop means for waiver of import duties and taxes on STBs manufactured within the region Spectrum planning and allocation be reviewed and updated annually. On the aspect of Other Electronic Communication Services Deployment, it now indicates the provision to give attention to digital radio broadcasting and to urgently work on the adoption of a digital radio standard among such as Terrestrial - Digital Audio Broadcasting (T-DAB) and Digital Radio Mondiale (DRM) Ministers are invited to note that the section on Consumer Awareness and Participation has been expanded to include formulation of national DTT strategies with clear implementation plans.

15 Ministers are invited to note that the forum recommended the following time lines, namely: Decision 5 14 P a g e (i) Development of technical specifications for STBs (should be completed by April 2012); (ii) Harmonized frequency band plans (should be completed by April 2012); (iii) Licensing to conduct DTT trials (should end by December 2012); (iv) Simultcast/dual illumination (should end by December of 2013); (v) DTT Forum should meet bi-annually; (vi) DTT Implementation Steering Committee to have bi-annual meetings; and (vii) Monitoring of DTT Broadcasting Migration should be on going until after June Ministers are invited to consider and approve the revised SADC Roadmap (SADC CM/ICT 2012/04a) Ministers are invited to consider and approve the recommendations of the 3 rd SADC DTT Broadcasting Migration Action Plan, which includes the new proposed time lines and also the responsible implementation stakeholders Establishment of a SADC DTT Project Office/ Desk Ministers are further invited to note that with regards to the DTT institutional arrangement, South Africa and Angola have each offered to second a DTT Expert to work in the DTT broadcasting migration PMO. It was recommended that there was a need to establish the SADC DTT Broadcasting Migration Implementation Steering Committee consisting of Senior Officials with DTT expertise from all SADC Member States to coordinate the implementation of the revised SADC Roadmap as approved by Ministers. The Implementation Steering Committee shall also provide technical support, provide assistance on the MOU for effective management of cross-border radio frequency interference and finalise the technical specifications for the Low Cost STBs. The TOR for the SADC DTT Broadcasting Migration Implementation Steering Committee has been prepared Convening of the 4 th Digital Broadcasting Migration Forum: Mozambique: August Ministers are invited to note that the SADC Secretariat organized the Fourth SADC Digital Broadcasting Migration Forum from the 28 th to 30 th August 2012 at the Indy Village Hotel and SPA in Maputo, Mozambique. The Forum was preceded by the inauguration of the SADC Digital Broadcasting Migration Implementation Steering Committee on 27 th August The Implementation Steering Committee discussed and reviewed had their TOR. The Report of the

16 4 Th Digital Broadcasting Migration Forum is attached as: SADC/CM/ICT 2012/04c) Ministers are also invited to note that the SADC Member State status report presentations during the Fourth Digital Broadcasting Forum show that Member States were at different stages of the DTT migration, whilst some Member States have made strides there are those Member States who have not formally decided on which DTT standard to adopt, as they were still undertaking trials. A Table capturing the progress of the SADC Region on DTT Broadcasting Migration has been prepared as peer review. It is evident that most SADC Member States already have a DTT broadcasting migration policy in place, have set up a National Task Force and have also adopted a DTT broadcasting standard as per SADC guidelines Ministers are further invited to note that the following revised timelines emanating from the 4th Digital Broadcasting Migration Forum: (i) (ii) (iii) (iv) (v) SADC Secretariat to develop in conjunction with the assistance of the Facilitators to develop a draft SADC Harmonised Digital Dividend Plan - 30th September SADC to develop a Local Content Framework based on the Broadcasting Code. The SADC Secretariat should prepare periodic reports on progress made by SADC Member States and circulate to Member States as a form of Peer Review Mechanism. Now that the DTT Broadcasting Migration Implementation Steering Committee had been established, the Forum once again reached a consensus that the only way that the whole SADC Sub-Region was to meet the ITU ASO deadline urgently set up the Regional DTT Broadcasting PMO at the SADC Secretariat. In addition, and in order to ensure an effective, smooth and timely implementation of the SADC Roadmap for Digital Broadcasting Migration, Member States were encouraged to create the various institutional arrangements such as the National Inter-Ministerial Committees, National DTT Broadcasting Migration PMO, as indicated by the SADC Roadmap for Digital Broadcasting Migration revised by the Third SADC Digital Broadcasting Migration Forum Ministers are further invited to note that the Fourth SADC Digital Broadcasting Migration Forum made the following recommendations: (i) (ii) (iii) Existing SADC objectives and revised time lines as stated in the SADC Roadmap remain relevant notwithstanding the delay in implementation. SADC Roadmap for DTT broadcasting migration should be implemented through an all-inclusive multi-stakeholder engagement and collaboration. DTT broadcasting migration benefits will be communicated to increase broader Government buy-in and facilitate civil society participation. 15 P a g e

17 (iv) DTT broadcasting migration should be seen as a central Government project of greater public and national interest and not simply an ICT project. (v) Various funding mechanisms to fund DTT migration should be explored, including the Universal Service Fund (USF), PPP, and licensing of the digital dividend to other electronic communications services. (vi) SADC Member States to continue optimizing spectrum from MHz by pursuing the GE06 Frequency Coordination procedures. (vii) SADC Secretariat urgently sets up the Regional DTT Broadcasting PMO at the SADC Secretariat to monitor and assess the implementation of the DTT Roadmap and Action Plan and to assist SADC Member States on challenges faced with the implementation of the Roadmap at National levels. SADC Member States are urged to second Experts to the PMO. (viii) The meeting reviewed the pertinent issue of the digital dividend associated with the impending migration in particular the appreciation of the opportunities ushered by the Migration to DTT and make the following recommendations: Harmonised planning and coordination are of prerequisites; and Non-discriminatory allocation of services across sectors and stakeholders within the digital communication platform Ministers are invited to note that the SADC Technical Committee was convened in conjunction with CRASA and hosted by the Tanzania Communications Regulatory Authority (TCRA). The meeting was convened at the request of the SADC DTT Implementation Steering Committee to review in detail the issues around the Harmonisation of the Digital Dividend Channelling plan and the finalisation of the minimum requirement for the set top boxes (STB). The recommendations of the Technical Committee were considered by the DTT Steering Implementation Committee who met on 25 October in Zanzibar to review the recommendations of the Technical Committee and to make the appropriate Recommendations to the Ministers. The Report of the Technical Committee Meeting and the Meeting of the Steering Committee is attached as: (SADC CM/ICT 2012/04d) and (SADC CM/ICT 2012/04e) Ministers are invited to note that based on the progress report and submissions by Member States, it is likely that most Member States would not be able to meet the SADC ASO deadline owing largely to financial constraints. Decision Ministers are invited to: Note that the SADC Digital Broadcasting Migration Forums in 2013 will be hosted in Namibia in April 2013 back to back with the ICT SCOM and the second forum will be hosted in Zambia later in the year. 16 P a g e

18 Note the progress made as depicted in the Draft Reports of the Third and Fourth SADC Digital Broadcasting Migration Forum Endorse the offer of Angola and South Africa to second an official to the SADC PMO Office and to direct the SADC expedite internal consultations that would lead to the setting up of the Office at the SADC Secretariat Urge those Member States who have not yet completed trials to complete their trials, adopt a DTT standard and commence dual illumination in order to meet the SADC ASO deadline Urge Member States to take all steps necessary to ensure compliance with the SADC DTT ASO date of 31 December 2013, and the ITU ASO of 17 June 2015 so at to allow the Region to benefit from the Digital Dividend Mandate the SADC Technical Committee to develop the Channelling Plan in the Frequency Bands 700MHz and to report to the Ministers at their next meeting Consider and approve the revised minimum standards for Set Top Boxes Direct the SADC Secretariat to include discussions on the Digital Broadcasting Radio Standards in the next SADC Digital Broadcasting Migration Forum Ministers are invited to urge Member States to scale up efforts towards the implementation of the SADC Roadmap for Digital Broadcasting Migration Minister are invited to direct the SADC Secretariat to submit a progress report to the Meeting of the ICT Minister that determines whether the Region would be able to meet the SADC ASO deadline SADC Harmonised Cyber Security Legal Framework Ministers will recall that the Harmonisation of ICT Policies in the Sub-Sahara Africa (HIPSSA) project is a joint initiative of the ITU and the European Commission (EC) to be implemented in the Sub-Saharan Africa. The HIPSSA Project commenced in 2009 and aims at developing and promoting harmonised policies and guidelines for the ICT market as well as building human and institutional capacity in the area of ICT through a range of targeted training, education and knowledge sharing measures Ministers are further invited to note that the development of the SADC Harmonised Cyber Security Legal Framework was undertaken with the assistance of the HIPSSA Project. This framework involved the formulation of the following three Model Laws that would help to build a comprehensive regional framework for the development of the information society and the knowledge economy in the SADC Sub-Region: 17 P a g e

19 The Three Laws included the Electronic Transactions; Data Protection Model Law; and the Cybercrime Model Law. The Draft Laws are attached as: SADC CM/ICT 2012/05a); b) and c) Ministers are invited to note that in November 2011, the SADC Secretariat through HIPSSA project commenced the consultancy on the SADC Harmonised Cyber Security Legal Framework Ministers are further invited to note that a validation workshop of the SADC Harmonised Cyber Security Legal Framework was convened from the 27 th February to 2 nd March 2012 in Gaborone, Botswana. The workshop also provided a platform for capacity reinforcement building through exchange of experiences from the region and beyond, on Cyber Security, and recommend to the Ministers the following Laws: Draft SADC Model Law on Cybercrime The Cybercrime Model Law constitutes the following major components, namely; substantive criminal law, procedural law, international co-operation, electronic evidence and liability of Internet Service Providers (ISP). The substantive criminal law component defines what is considered as a cybercrime offense. The procedural law looks at the availability of computer technology to improve the ability of law enforcement in carrying out investigations. For example devices often store information (GPS location) that is valuable for traditional investigation, which the user may not necessarily have knowledge of. Internet users leave traces. ISP often keep certain records e.g. Assignment of dynamic IP addresses for a certain period of time. Today, admissibility of electronic evidence is widely accepted as an important element. The Model law calls for international co-operation due to the Internet having no boundaries and hence those involved in cybercrime maybe in different jurisdictions. The role of an ISP in dealing with cybercrime is also defined Draft SADC Model Law on Data Protection The Data Protection Model Law lays out the principle of data protection, defines the nature and functions of the Data Protection Authority. It addresses transborder flows of personal information in view that as a result of globalisation, tradition borders between countries are becoming increasingly permeable. Personal data is subject to cross-border treatments more and more. Privacy in consumer protection and in electronic communications are inherently taken into account. The Rights of access to information versus the right to privacy addresses the necessity to provide an individual control with his/her own data Draft SADC Model Law on E-Transaction/E-Commerce The e-transaction and e-commerce Model Law creates a more secure legal environment for e-transaction and electronic communications in a technological 18 P a g e

20 19 P a g e neutral manner so that it can be applied to present and future technologies. It gives legal recognition and effect to electronic communications. Clear rules on e-transaction are adopted. The reality of e-transaction/e-commerce is that it is borderless, anonymous and takes place 24/7. As part of legal certainty, e- transaction/e-commerce is given functional equivalence by the translation of requirements to electronic environment, taking into account media neutrality The SADC Model Law talks to E-commerce issues such as the attribution of electronic communications and electronic/digital signatures and the admissibility and evidentiary weight of electronic evidence are addressed. The obligations of on-line suppliers, such as type of information which must be made available to persons or parties on the information system where such goods or services are offered and a person s or party s right to a cooling-off period, review of the transaction, withdrawal from the transaction, and the performance, correction or cancellation of the transaction for the goods and services are addressed. The technical role played by an ISP established their potential liability with regards to privacy, trade secrets, content restrictions, security, product liability etc. The liability of service providers such as mere conduit, caching; hosting and information location tools are also addressed. Decision Ministers are invited to consider and approve the draft SADC Model Laws on Cyber Security; Cybercrime, Data Protection and Electronic Transactions Ministers are invited note the progress made on the SADC Harmonised Cyber Security Legal Framework (and to discuss the project) Ministers are also invited to note that the project has identified the following SADC Member States, with assistance from the ITU to undertake transpositions of their national cyber security laws namely; Lesotho, Namibia, Tanzania, Swaziland and Zimbabwe SADC Converged Regulatory Framework (CRASA/SAPRA Merger) Ministers will recall that they recommended that a Task Force be constituted to review the appropriateness of the matter relating to CRASA enlisting operators as its Associate Members; Ministers are invited to note, that the ICT Sub-Sectoral Scom, at its meeting held in Mauritius, on April, 2012, considered this matter as mandated by the Ministers; Ministers are also invited to note that, following deliberations on this matter, the ICT SCOM deemed that it was inappropriate for CRASA to have Operators as its Associate Members, and that its membership should be confined to regulators only;

21 Ministers are further invited to note that the ICT SCOM recommended that the CRASA Constitution be amended to exclude subscription of operators within the Association. Decision Ministers are also invited to consider and endorse the amended Draft Constitution for the Merged Association CRASA Implementation of e-sadc Initiative The following activities have been undertaken under the e SADC work during the year under review E-commerce Readiness Study, Strategy and Action Plan Ministers will also recall that the e-sadc Strategy Framework approved by the ICT Ministers in their meeting in May 2010 in Luanda, Angola, contained several projects including undertaking the e-commerce readiness assessment within the sub-region and developing strategies for action. The objective of this exercise was to assess e-commerce readiness in the SADC region and develop a regional e-commerce strategic action plan. This will also include mobile banking and utilisation of the postal network. The Terms of Reference (TOR) for this study was endorsed by the SADC ICT Ministers meeting in June 2011 in Gaborone, Botswana. Six SADC Member States namely; Angola, Botswana, Democratic Republic of Congo (DRC) Lesotho, Mauritius and South Africa, were earmarked for site visits Ministers are invited to note that the e-commerce readiness assessment on the six SADC Member states took a snapshot of the development status of the ICT sector in relation to e-commerce by assessing indicators such as telephone, mobile, Internet, household penetration of ICT and postal indicators. It also took an inventory of the cyber security legal framework (e-commerce, data protection, intellectual property, consumer protection) and how SADC was trading. The study also looked at literacy rate as this is a major factor for ICT and e-commerce undertakings. In benchmarking, the study showed large gaps exists between Member States in the infrastructure, services and usage of ICT and Postal services. There was a lack of e-commerce laws but this may pose as an opportunity for harmonisation of cyber security laws. The absence of e- payment gateways and convertibility of local currency makes poses a problem to facilitate online payments. The logistics environment is crucial for e- commerce to ensure the delivery of good globally within agreed timelines. Some Member States are advance while others are behind in the logistics area. This calls for improvement in the postal sector Ministers are invited to note that a Mid-Term Review was convened from the 23 rd to 24 th January 2012 in Luanda, Angola, where the nominated Foal Points for the Study from the six SADC Member States discussed the preliminary findings. A validation workshop on the SADC e-commerce Readiness Study 20 P a g e

22 and Strategic Action Plan was convened from the 16 th to 17 th April 2012 at Balaclava, Mauritius Ministers are invited to note the work undertaken in relation to the SADC e-commerce Readiness Study (SADC CM/ICT 2012/07a) E-commerce Strategy and Action Plan Ministers are also invited to note that the e-commerce Strategy and Action Plan was developed following the results of a SWOT analysis. The proposed e- Commerce Strategy consists of four pillars, namely: Pillar 1: Enable e-commerce environment; Pillar 2: Capacity development programme for e-commerce in each Member State; Pillar 3: Strengthening e-commerce sub-regional and national infrastructures; and Pillar 4: Institutionalised framework to implement, evolve and govern the current strategy at regional level Ministers are invited to further note that each pillar is achieved through projects listed as an Action Plan with appropriate timelines. The major projects under each Pillar all to be accomplished within 3 to 5 years are as follows: Decision 9 Pillar 1: National e-commerce strategy, harmonise e-commerce legislation, electronic signatures and regional ecommerce platform Pillar 2: Awareness campaigns, capacity building schemes, incentives and facilitation for SMEs e-commerce project investments Pillar 3: Strengthen regional broadband backbones, affordable and secure broadband services, setup e-payment gateway to facilitate online and mobile payments, make e-commerce affordable. Pillar 4: SADC to champion the e-commerce Strategy and Action Plan, set up SADC Observatory for e-commerce for monitoring and evaluation, establish regional enforcement structure and dispute resolution mechanism for e- commerce Ministers are invited to consider and approve the e-commerce Strategy and Action Plan (SADC CM/ICT 2012/07b) Ministers are invited to direct the Secretariat to implement the SADC e- Commerce Strategy and Action Plan. 21 P a g e

23 Ministers are invited to urge Member States to implement the pillar contained in the SADC e-commerce Strategy and Action Plan Ministers are invited to urge Member States that are at the advanced stage in e-commerce to facilitate the establishment of a Regional e-commerce strategy to be shared by SADC Member States Proposed SADC ICT Observatory Ministers are invited to note that in order to have a central point for monitoring and evaluating the progress of the SADC ICT programme and also continually measure the digital divide is to establish a point of reference for accurate and up-to-date data and ICT reports is to set up a SADC ICT Observatory. This will facilitate the collection of ICT indicators, measurement, benchmarking, preparing reports which would enable key stakeholders such as investors, businesses, citizens and Government to be well informed and make the informed decisions. Decision Ministers are invited to note that UNECA will support the setting up of the SADC ICT Observatory Internet Governance Forum (SAIGF, Africa IGF; Global IGF) Ministers are invited to recall the proposal of setting up the Southern Africa Internet Governance Forum (SAIGF) in order to ensure that the views and voices of Southern Africa are represented at the 2011 IGF which was convened. 22 P a g e Ministers are invited to note that the inaugural meeting of the SAIGF was convened from the 1 st to 3 rd September 2011 in Johannesburg, South Africa. The SAIGF had the opportunity to discuss the various issues concerning the setting up of the structure of the SAIGF and National IGFs and also prepared and released the Southern Africa Internet Governance Forum Communiqué which outlined clearly and in order or importance the Internet Governance priorities of the SADC Region (SADC/CM/ICT 2012/08). Ngopulse is presently hosting the SAIGF website at Ministers are further invited to note the progress made on the launching of the SAIGF, participation in the 6 th Global IGF and to discuss this initiative as the 7 th Global IGF will be held from the 6 th to 9 th November 2012 in Baku, Azerbaijan Decision Ministers are invited to note the progress made on the launching of the SAIGF and participation in the 6 th Global IGF.