Transtel
in relation to the Astronomy Geographic Advantage Bill
(B17-2007)
Transtel welcomes the opportunity to make comments on the Astronomy
Geographic Advantage Bill (AGA Bill). Transtel notes the various positive
amendments (particularly Chapter 6, section 41) from the draft Bill and would
further welcome the opportunity to make verbal representation on the content of
the Bill. We respectfully request that the Portfolio Committee allocate a slot
to make an oral representation before Parliament.
Transtel supports the objectives of the Bill. However, there are certain
provisions in the Bill that will have significant implications on the
operations of the business.
1. The Transnet Group
The Transnet group is a diversified freight transport
and logistics company. It operates and controls the major freight transport
infrastructures within
The
group’s vision is to provide integrated, seamless transport solutions for its
customers in the bulk and manufacturing sectors as part of the drive to
increase the competitiveness of the South African economy. As a result, Transnet
is now well into advanced stages of implementing its business re-engineering
programme targeting efficiency and productivity improvements, safety, cost
containment and customer service at the core operating divisions – Spoornet,
the National Ports Authority, the SA Port Operations, Transwerk and Petronet.
The main focus of the re-engineering programme is on
efficiency improvements in Spoornet’s general freight, coal and iron ore
divisions as well as on its national operating centre and in establishing a
culture of planned maintenance. The company is implementing a R64, 5
billion-investment programme, the bulk of it is dedicated to Spoornet’s
turnaround prospects. The investment is aimed at increasing the quality of
service through improved reliability and safety service level for our
clients.
The disposal of non-core assets brings Transnet closer to its
goal of focusing all its energies on its core business – ports, freight rail
and pipelines.
The process has also positioned Transnet to play a role
in leveraging meaningful black economic empowerment and facilitating skills and
technology transfer.
The SKA project will consist of a core site and have
antenna stations spiraling outward from this core site to distances up to 3000
km. The distribution of the antenna
stations is as follows:
·
A “core” of 25 stations within a 1
km diameter located in the
·
A “central area” encircling the
core with a diameter of 5 km, containing 40 stations.
·
An annular “outer zone” from 2.5
km to 150 km radius that contains 30 stations.
A “remote zone” from 150 km radius extending out to 3000 km, containing
the remaining 30 remote stations, including stations in Namibia, Botswana,
Mozambique, Madagascar, Mauritius, Kenya and Ghana.
Three proposed sites were selected in the
Transtel has a national transmission system that is used to carry mission
critical services for the Transnet group of companies. The AGA Bill that has
been drawn up does not give any comfort to the protection and continued
operation of these systems thereby placing the Transnet customers at risk of
having their services limited in terms of future expansion and/or possibly
terminated.
During the initial investigation of the Square Kilometre Array (SKA)
project, interference calculations were done from all three proposed sites to
determine the extent of the interference caused by these various Transtel
transmission systems in the proximity of the three proposed hub sites in the
Conditions for an ideal SKA site is that of complete radio silence, i.e.
the radio telescopes are “listening” to the entire radio frequency spectrum.
The AGA Bill has indicated that certain areas will be classified as
Astronomy Advantage Areas (AAA). However the Bill does not mention the size
and/or the location of these areas. The SKA project consists of long spirals
that extend from a central hub in the
If each of these sites are also classified as Astronomy Advantage Areas
then this project will not only impact on the Sishen – Saldanha system but also
the rest of the Transtel radio systems through out the country.
Transnet’s train operations, particularly in remote areas, are completely
dependent on radio communications. Furthermore, maintenance staff working on
such sections has no other means but radio to communicate.
The impact on this system could range from terminating the operation of
the system to restricting any future upgrading - any of which would seriously
impact on the Transnet operations.
1.
Chapter 1, section 1
1.1.
The definition of astronomy device may
constitute a device that can only be authorized by Independent communications Authority
(“ICASA”).
2.1.
Some of the issues like the control
of radio frequency spectrum and frequency band plans are exclusively within the
control of ICASA in terms of the Electronic Communications Act 36 of 2005. In turn ICASA is bound to control the radio
frequency spectrum in compliance with the applicable standards and requirements
of the International Telecommunications Union and its Radio Regulations.
2.2.
To the extent that the AGA Bill
supersedes the Electronic Communications Act 36 of 2005 in this respect, by
virtue of this provision, it will pose a problem in the sense that two
ministries under very different mandates will effectively be controlling these
issues.
3.
Chapter 2, sections 6 to 13
3.1.
These sections essentially deal
with the right of the Minister to declare Astronomy Advantage Areas and the
right to withdraw the declaration of areas as Astronomy Advantage Areas.
3.2.
It appears that the Minister may
declare on notice any area that is not “private land” as an Astronomy Advantage
Area.
4.
Chapter 3, sections 15(1) and 16
4.1.
Transtel welcomes the amendment to
the draft bill, which now includes the consultative process.
5.
Chapter 3, section 21
5.1. These provisions may impact on South African Airways. We will not for the purposes of this
memorandum, comment on such potential impact.
6.
Chapter 3, section 22
6.1.
We refer to our comments in
paragraph 2 above in
relation to the control and management of radio frequency spectrum in core and
central astronomy advantage areas.
7.
Chapter 3, section 24
7.1.
Transtel notes and welcomes the
consultative process introduced by section 24(4), where planned identified
activities could be initiated if they are in the national interest.
8.
Chapter 3, section 27
8.1.
This section grants the Minister
with power to review any existing identified activities, which were lawfully
conducted immediately before a declaration in terms of section 24.
8.2.
The Minister may impose conditions
after following a public participation process on notice to the affected
party.
8.3.
It appears that the Minister may
then impose restrictions on the affected party’s activities. There is no provision made for compensation
to such a party if the conditions set by the Minister adversely impacts on the
party in relation to the identified activity.
This may adversely affect a party who was already engaged in an
identified activity prior to the declaration of such activity, especially if
that party has invested a substantial amount of money in the activity or could
suffer damages as a result of its commitments to third party contractors.
9.
Chapter 4, sections 28(3) and (4)
9.1.
These sections remove the
authority of ICASA to approve telecommunications devices, if such devices are
considered to be astronomy devices. This
section places such authority within the Minister’s control.
9.2.
The sharing of these functions are
an unnecessary duplication of state resources especially if the astronomy
devices are in fact telecommunication devices as contemplated in the
Telecommunications Act and will, in any event, be assessed by the Minister in
terms of the technical specifications of the Electronic Communications Act.
9.3. Chapter 4, section 35 – Currently Transnet operates
a national railway service with further expansion planned. By way of example,
Transnet is looking at extending its iron-ore capacity at
Transtel
therefore suggests that section 35 be expanded to include a consultative
process with the relevant astronomy management authority.
10. Chapter
7, sections 50(c)(v) and (d)(ii)
10.1. The Minister may make regulations, “regulating the use of the radio
frequency spectrum in advantage areas and the use of any interference source”
10.2. Do these powers not fall under the auspices of ICASA i.t.o. the
ECA?
As
indicated in the submission, Transtel is of the opinion that the sections
highlighted would significantly impact on its business to provide mission
critical services to its customers and would welcome the opportunity to
interact with the Portfolio Committee to address our concerns.
With
thanks.