Presentation to the Portfolio Presentation to the Portfolio Committee on Science and Committee on Science and

TechnologyTechnology

By Vodacom (Pty) LtdBy Vodacom (Pty) Ltd

1 August 20071 August 2007

IntroductionIntroduction

Vodacom thanks the Portfolio Committee on Vodacom thanks the Portfolio Committee on Science and Technology for the opportunity to Science and Technology for the opportunity to make oral presentations on the Billmake oral presentations on the Bill

Vodacom welcomes and supports the noble Vodacom welcomes and supports the noble objectives of the Bill, including the development objectives of the Bill, including the development of skills, capabilities and expertise of those of skills, capabilities and expertise of those engaged in Radio Astronomy in Southern Africa.engaged in Radio Astronomy in Southern Africa.

AgendaAgenda

Introductory remarksIntroductory remarks Consultation with stakeholdersConsultation with stakeholders SKA Preliminary DesignSKA Preliminary Design Mitigation TechniquesMitigation Techniques Consultation with communitiesConsultation with communities Potential Impacts on VodacomPotential Impacts on Vodacom Comments/Recommendations on provisions in Comments/Recommendations on provisions in

the Billthe Bill ClosureClosure

Consultation with stakeholdersConsultation with stakeholders

Although the Memorandum on the Objects Although the Memorandum on the Objects of the Bill does not mention the Mobile of the Bill does not mention the Mobile Operators (“MOs”), consultations with the Operators (“MOs”), consultations with the Square Kilometer Array (SKA) team are Square Kilometer Array (SKA) team are taking place.taking place.

The SKA team and the MOs have The SKA team and the MOs have discussed technical issues on protecting discussed technical issues on protecting the core and central Astronomy Advantage the core and central Astronomy Advantage Areas (AAA)Areas (AAA)

SKA Preliminary DesignSKA Preliminary Design

The core AAA is deemed to be 5-10 km in The core AAA is deemed to be 5-10 km in diameter and contains 50% of the diameter and contains 50% of the collection area.collection area.

The central AAA is a buffer zone around The central AAA is a buffer zone around the core, with more relaxed thresholdsthe core, with more relaxed thresholds Mitigating strategies focus on maintaining Mitigating strategies focus on maintaining

partial operation of RF devices with no or partial operation of RF devices with no or limited operation in the direction of the SKA limited operation in the direction of the SKA core.core.

Map provided by SKA TeamMap provided by SKA Team

Mitigation TechniquesMitigation Techniques

SKA will operate from 100 MHz to 25 GHz and the Karoo SKA will operate from 100 MHz to 25 GHz and the Karoo Array Telescope (KAT) from 700 MHz to 1750 MHzArray Telescope (KAT) from 700 MHz to 1750 MHz

SKA and cellular frequencies overlapSKA and cellular frequencies overlap Vodacom will attempt to provide as much protection as Vodacom will attempt to provide as much protection as

possible to the core and central buffer zones in the possible to the core and central buffer zones in the direction of the core zonedirection of the core zone

At sites outside this area, current proposed threshold At sites outside this area, current proposed threshold levels will be impractical to attain, especially in respect of levels will be impractical to attain, especially in respect of the SKA remote stations.the SKA remote stations.

There is no consensus on the actual threshold levels to There is no consensus on the actual threshold levels to adhere to in the non-astronomy bandsadhere to in the non-astronomy bands

65 km

Current Vodacom Site 1Current Vodacom Site 1

65 km

Site 1 with Mitigation TechniquesSite 1 with Mitigation Techniques

68 km

Current Vodacom Site 2Current Vodacom Site 2

68 km

Site 2 with Mitigation TechniquesSite 2 with Mitigation Techniques

Consultation with communitiesConsultation with communities We are not aware of consultations on the impact We are not aware of consultations on the impact

on affected parties such as communities, on affected parties such as communities, industry, farming and underserved areas.industry, farming and underserved areas.

The Minister should investigate impacts on, and The Minister should investigate impacts on, and sacrifices by, communities resident in Astronomy sacrifices by, communities resident in Astronomy Advantage Areas Advantage Areas (AAA)(AAA) should restrictions be should restrictions be placed on mobile cellular services.placed on mobile cellular services.

Alternative communications methods should be Alternative communications methods should be provided where mobile cellular service is provided where mobile cellular service is restricted.restricted.

Potential Impacts on VodacomPotential Impacts on Vodacom Vodacom has major communications infrastructure Vodacom has major communications infrastructure

investments in SA to bring communication services to investments in SA to bring communication services to the public and to bridge the digital divide. the public and to bridge the digital divide.

Where the network infrastructure within the AAAs causes Where the network infrastructure within the AAAs causes interference to radio astronomy activities, the interference to radio astronomy activities, the infrastructure may have to be dismantled, which would infrastructure may have to be dismantled, which would result in heavy losses.result in heavy losses.

The MOs have national roll out, Universal Service and The MOs have national roll out, Universal Service and Community Service Obligations, apart from commercial Community Service Obligations, apart from commercial and spectrum interests, and may be negatively affected and spectrum interests, and may be negatively affected by some provisions in the Bill.by some provisions in the Bill.

Vodacom welcomes the provision in the Bill which Vodacom welcomes the provision in the Bill which provides for compensation to be paid provides for compensation to be paid

Comments/Recommendations on Comments/Recommendations on provisions in the Billprovisions in the Bill

Register of Interested and Register of Interested and Affected PartiesAffected Parties

Section 7(3)(a) provides that a declaration under Section 7(3)(a) provides that a declaration under subsection (1)(a) may be issued only if the Minister has subsection (1)(a) may be issued only if the Minister has beforehand conducted a section 42 public participation beforehand conducted a section 42 public participation process and has compiled a permanent register of process and has compiled a permanent register of interested and affected parties for the core AAA.interested and affected parties for the core AAA.

Vodacom is a licensed mobile cellular operator providing Vodacom is a licensed mobile cellular operator providing communications on a national basis and communications on a national basis and should be should be registered as an interested and affected partyregistered as an interested and affected party on the on the Minister’s permanent register of interested and affected Minister’s permanent register of interested and affected parties.parties.

This comment also applies to the provisions of section This comment also applies to the provisions of section 9(3)(a) and mention of register in sections 11, 16, 21, 22, 9(3)(a) and mention of register in sections 11, 16, 21, 22, 23, 24, 27 and 25. 23, 24, 27 and 25.

Withdrawal of declaration or exclusion of part Withdrawal of declaration or exclusion of part of Core, Central, or Coordinated AAAsof Core, Central, or Coordinated AAAs

Sections 8, 10 and 12Sections 8, 10 and 12 provide that the Minister provide that the Minister may withdraw the declaration of an area as a may withdraw the declaration of an area as a core/central/coordinated astronomy advantage core/central/coordinated astronomy advantage area or as part of such existing astronomy area or as part of such existing astronomy advantage area; or exclude any part of an advantage area; or exclude any part of an existing astronomy advantage area from such existing astronomy advantage area from such area. area.

The Bill should specify under which conditions The Bill should specify under which conditions such withdrawal of the declarations may be such withdrawal of the declarations may be made.made.

Restrictions within core and central Restrictions within core and central astronomy advantage areasastronomy advantage areas

Section 20(1)(c) provides to the effect that no Section 20(1)(c) provides to the effect that no person may, without the written permission of person may, without the written permission of the management authority, have in their the management authority, have in their possession within a core astronomy advantage possession within a core astronomy advantage area any radio interference source, unless the area any radio interference source, unless the source is turned off and is incapable of causing source is turned off and is incapable of causing any form of radio frequency interference;any form of radio frequency interference;

These provisions imply restrictions on general These provisions imply restrictions on general access to the core/central areas. access to the core/central areas.

Vodacom submits that its personnel might need Vodacom submits that its personnel might need access to these areas where co-ordination areas access to these areas where co-ordination areas have been agreed between parties. have been agreed between parties.

Declared activities in core or central Declared activities in core or central astronomy advantage areaastronomy advantage area

Section 23(3) provides that the Minister may – Section 23(3) provides that the Minister may – a) in relation to activities contemplated in subsections (1) and (2), a) in relation to activities contemplated in subsections (1) and (2),

require that any activity cease subject to payment of require that any activity cease subject to payment of compensation, if required by section 25 of the Constitution; or compensation, if required by section 25 of the Constitution; or

(b) prescribe conditions under which any activity may continue in (b) prescribe conditions under which any activity may continue in order to reduce or eliminate the impact of the activity on astronomy order to reduce or eliminate the impact of the activity on astronomy advantage in the relevant area.advantage in the relevant area.

Vodacom submits that this provision may be used to Vodacom submits that this provision may be used to request compensation in the case where current Vodacom request compensation in the case where current Vodacom base stations are prohibited to operate. base stations are prohibited to operate.

Customers in these areas (business, farming, communities Customers in these areas (business, farming, communities etc) may require dedicated low power highly directional etc) may require dedicated low power highly directional point to point links or fixed line operations to continue point to point links or fixed line operations to continue services. services.

Authorization to undertake identified Authorization to undertake identified activitiesactivities

Section 25(6)(a)(ii) provides that the competent Section 25(6)(a)(ii) provides that the competent authority must specify the information to be authority must specify the information to be provided in a report required in terms of provided in a report required in terms of subsection (4)(a), provided that such report must subsection (4)(a), provided that such report must include alternatives to an identified activity if it is include alternatives to an identified activity if it is likely to cause RF interferencelikely to cause RF interference…;…;

If Vodacom needs to adhere to Radio Astronomy If Vodacom needs to adhere to Radio Astronomy threshold levels in spectrum bands allocated to threshold levels in spectrum bands allocated to Mobile or Fixed services, the impact on Mobile or Fixed services, the impact on customers in the core/central zones will be major. customers in the core/central zones will be major.

Alternatives to the identified activities will have to Alternatives to the identified activities will have to take into consideration service, quality, coverage, take into consideration service, quality, coverage, cost, financial and social implications on the cost, financial and social implications on the affected parties. affected parties.

Consultation between the Minister and the Consultation between the Minister and the minister of communicationsminister of communications

Whereas Section 22 of the Bill provides for consultation between the Whereas Section 22 of the Bill provides for consultation between the Minister and the Minister and the minister of communications. minister of communications. Section 37(1) provides Section 37(1) provides that the Minister may prescribe regulations impacting on the RF that the Minister may prescribe regulations impacting on the RF spectrum, but does not mention consulting with the spectrum, but does not mention consulting with the minister of minister of communicationscommunications and ICASA. and ICASA.

The current mechanism provided for in the Electronic The current mechanism provided for in the Electronic Communications Act for managing the spectrum resource is Communications Act for managing the spectrum resource is adequate to ensure proper coordination.adequate to ensure proper coordination.

Consultation between the Minister and the “Consultation between the Minister and the “minister of minister of communicationscommunications”, combined with policy by the latter and policy ”, combined with policy by the latter and policy directions to ICASA should avoid un-coordinated impacts on the RF directions to ICASA should avoid un-coordinated impacts on the RF spectrum.spectrum.

Vodacom recommends that the Minister of Communications retains Vodacom recommends that the Minister of Communications retains total responsibility for the RF spectrum and that protection of total responsibility for the RF spectrum and that protection of astronomy advantage be facilitated by consultation between the astronomy advantage be facilitated by consultation between the Minister and the Minister and the Minister of CommunicationsMinister of Communications. .

Regulation by the MinisterRegulation by the Minister

Section 50(c)(v) provides for the Minister to make Section 50(c)(v) provides for the Minister to make regulations on “the use of the frequency spectrum in regulations on “the use of the frequency spectrum in astronomy advantage areas”;astronomy advantage areas”;

Section 50(d)(ii) provides for the prohibition or restriction Section 50(d)(ii) provides for the prohibition or restriction of of “the use of any interference source, mobile and “the use of any interference source, mobile and portable radio frequency interference source or … portable radio frequency interference source or … equipment … which may cause …, radio frequency equipment … which may cause …, radio frequency interference … within … an astronomy advantage area;interference … within … an astronomy advantage area;

Regulations pertaining to the use of sources interfering Regulations pertaining to the use of sources interfering with the RF spectrum should be dealt with in terms of with the RF spectrum should be dealt with in terms of existing legislative instruments i.e. ECA – refer to the existing legislative instruments i.e. ECA – refer to the previous slide. previous slide.

CONCLUSIONCONCLUSION

Vodacom thanks the Portfolio Committee Vodacom thanks the Portfolio Committee for the opportunity to give this presentationfor the opportunity to give this presentation

We welcome any questionsWe welcome any questions