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UNIVERSAL SERVICE AND ACCESS AGENCY OF SOUTH AFRICA WRITTEN REPRESENTATION TO NATIONAL INTEGRATED ICT POLICY GREEN PAPER 24 MARCH 2014 Page 1 of 122 INTRODUCTORY REMARKS The Universal Service and Access Agency of South Africa (Agency) welcomes the process of the holistic review of the National Integrated Information Communications & Technologies (ICT’s) policies by the Department (of Communications). The process of the development of a National Universal Service and Access Strategy (“National UAS Strategy”) by the Board of the Agency coincided with the establishment of ICT Policy Review Panel by the Minister (of Communications) to facilitate a review of existing policies and propose changes to them following consultations with the public. The development of National UAS Strategy was done in line with legislative provisions of section 82(4)(b) of the Electronic Communications Act, 2005 (Act No. 36 of 2005) (“ECA”)which requires the Agency to undertake such investigations into matters relating to its functions as it may consider necessary. The Board of the Agency as an Accounting Authority of the Agency in terms of section 49(2)(a) of the Public Finance Management Act, 1999 (Act No.1 of 1999) (“PFMA”) as part of its oversight responsibility has developed turn -around strategy for the Agency in order to the overall objects of attaining the goals of universal service and access are obtained by all in the Republic. The overall project objectives on the development of a National UAS Strategy are as follows: a. Develop a Universal Service and Access Strategy that will inform the Agency and its stakeholders on programmes, policies and the concomitant modus operandi to ensure that ICTs are available, accessible and affordable to all citizens of the country. b. Identify, assess, qualify and quantify gaps. Review implementation models for achieving digital inclusivity against pre-determined indicators. c. Position the mandate in the greater ICT landscape analyzing and benchmarking against international norms and standards. d. Advise on the optimal operational arrangement to deliver on the strategy and implementation plan required to bridge the divide. e. Position the Agency as a facilitator of universal service and universal access programmes and projects in the country. f. Ensure coordination of universal service and universal access programmes and projects in order to address the lack of coordination that characterizes the current scenario. g. Advise on suitable rate and parameters of contribution to the Universal Service and Access Fund. The right to communicate is a fundamental right enshrined in the Constitution of the Republic of South Africa (Constitution), the supreme law of the land. The Constitution, passed in 1996, establishes the right to freedom of expression, including the “freedom to receive and impart information or ideas”. The freedom of expression has been interpreted to mean not only the right to speak and to be heard, but also the right to access the means to speak and to be heard. The state of the country’s ICT infrastructure will not be complete until it reaches all locations and people throughout the Republic, and provides reasonable and affordable to the full range of traditional and emerging information and communications technologies and services, taking into account the different needs among the user populations, including considerations of gender, age, ethnic, linguistic distinctions and disabilities. Page 2 of 122 The Agency as part of its legislative mandate on bridging the digital divide has taking the full advantage of the window of opportunity being presented by the National Development Plan, 2012 and the South African Connect Broadband Policy, 2013 on ensuring universal access to broadband by all citizens by 2020. A nationally representative household and individual survey conducted in 2011 by Statistics South Africa reveals that 24.50% of households have access to computer and whereas 19.70% households have access to Internet Access and this in indicative of huge disparities in terms of access to internet to a country with approximately 52 million people. This has necessitated the Agency to embark on a process of developing a National UAS Strategy that would ensure every South African has universal access to broadband by 2020. Acknowledging the fact that broadband is an economic infrastructure that has transformative effects and thus critical to poverty reduction, increased social inclusion and the creation of a better life for all, the advancement of universal service and access to broadband by broader public will enable everyone to create, access, utilize and share information that will enable them to make a meaningful contribution to the development of the country and improve their quality of life. The National UAS Strategy will ensure greater participation of the South African citizen on the information society as it would create an enabling environment that would result in fast adoption and equitable distribution and access to broadband services. The National UAS Strategy has considered the social, economic and political ecosystem in finding the best possible means to address the access gaps. The process will also assist the Agency in identifying its niche in the ICT market as it is only mandate to serve the under-serviced areas and needy persons. As such a thorough exercise has been undertaken in order to identify, assess, qualify and quantify access gaps. The analysis of access gaps is based upon the widely established concept of access gap analysis theoretical framework. The theory asserts that there are several different levels of access to a given telecommunications network or service, at any particular moment in time, within a designated geographic market area, (e.g. region, province or entire country). A detailed analysis of existing level of access, market gap and market frontier and access gap is being conducted in order to determine the status and potential of the various market segments within a country. The findings inform both the communications industry and especially policy makers and funding institutions (in this case USAASA and National Treasury) to understand the likely evolution of the market, where subsidy funds should be strategically targeted. A strategy to close the access gaps (Implementation Plan) based on social, economic and political findings of the situational analysis and quantification and mapping of access gaps which is linked to the National Development Plan, the South Africa Connect Broadband Policy and the country’s international commitments towards to World Summit on the Information Society (WSIS) and Millennium Development Goals (MDGs) has been developed. The National UAS Strategy will permit full participation in building Information Society; promote national, political, economic and socio cultural cohesion; promote economic development; encourage more balanced distribution of the population. Therefore, the National UAS Strategy will be the premise for the USAASA’s response towards the published Green Paper on National Integrated ICT policy. USAASA Historical Context Despite the country (Republic of South Africa) is celebrating the 20 (twenty) years in democracy, access to ICT’s is still a challenge to many South African citizen in particular those residing in under-serviced areas and remote-rural villages. Access to a reliable connection and affordable broadband services remains a remote possible in the near future for inhabitants in under-serviced areas and remote rural villages. The high rate of unemployment rate in the country coupled with the high cost of communications services has contributed rigorously towards the poor uptake and usage of communications services in under-serviced areas and remote rural villages. The access gap remains as wide as it was since the advent of democracy in the country. This has inverse impact on the economy outlook of South Africa as access to broadband by the general populace cannot facilitate the economic Page 3 of 122 competitiveness of the country on the global economic front. Broadband is widely recognised a catalyst for socio- economic development and research has discovered that there is a positive relationship between the high penetration of broadband services and the socio- economic development. The countries that have a high penetration of broadband services have a higher Gross Domestic Product (GDP). The ICTs are enablers for socio-economic and sustainable development, and further they are a prerequisite for building an Information Society. As the information revolution has increasing impact globally, the issues of who has access to ICTs have great importance. Connection to the ICT networks and services influences the people’s access to jobs, education, health care and full participation as a citizens. The convergence of telecommunications, computers, information production and broadcasting is largely determining how societies are structured. Access to ICTs is fundamental right that has been enshrined on the Constitution of South Africa, which is a Supreme Law. The Bill of Rights spells out some of the fundamental rights of individuals and it further enshrines the rights of all people in the country with respect to the environment, health care, education and access to information; and affirms the democratic values of human dignity, equality and freedom. The Constitution has a particular relevance to communications as discussed by reference to the Bill of Rights. It could be argued that access to ICT networks