Only 3 of over 250 of South Africa’s municipalities have adopted standard bylaws intended to help speed up broadband network rollouts, 18 months after they were first published.
Only three out of over 250 South African municipalities have adopted standard bylaws intended to help speed up broadband network rollouts 18 months after they were first published.Werksmans director Akhona Bilatyi and head of litigation & disputes Corlett Manaka.
Government’s plan to implement rapid deployment guidelines for telecommunications networks is nothing new. These were met with criticism from some quarters, as it gave mobile networks and other Icasa licensees the right to select, enter, and use public or private land to deploy their network infrastructure.
That September, the former Minister of Cooperative Governance and Traditional Affairs, Nkosazana Dlamini-Zuma, published draft bylaws for deploying electronic communications facilities.However, as Werksmans’ Bilatyi and Manaka noted, these standard draft bylaws were deeply flawed. Wayleaves are the permits that municipalities issue that allow you to work on public land, such as trenching in the road reserve to lay fibre.
“Notwithstanding the disconnect between national and local government on these bylaws, both the national policy and the policy direction on the rapid deployment of electronic networks and facilities were published in March last year,” the attorneys wrote. “It further emphasises that the compensation charged by property owners to licensees for the deployment of property ought to be reasonable in that it must be proportionate to the disadvantage suffered and may not enrich the property owner or exploit the licensee.”
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