SENTECH PRESENTATION TO THE PORTFOLIO COMMITTEE ON SCIENCE

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SENTECH PRESENTATION TO THE PORTFOLIO COMMITTEE
ON SCIENCE TECHNOLOGY ON THE SOUTH AFRICAN
NATIONAL SPACE AGENCY (B-20-2008)
Date 4 June 2008
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OVERVIEW

• SENTECH TEAM
• WHO IS SENTECH?
• OBJECTS OF AGENCY
• FUNCTIONS OF AGENCY

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SENTECH TEAM

• Mr. Dingane Dube Executive Regulatory
  Government Affairs
• Mr. Monde Ndleleni Specialist Stakeholder
  Relations

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WHO IS SENTECH?

• SENTECH is
• A commercially run, 100 State Owned Enterprise
  whose business is in communications. Established
  in terms of Sentech Act No. 63 of 1996, as
  amended.
• Licensed in terms of the Independent Broadcasting
  Authority Act No. 153 of 1993 for Broadcasting
  Signal Distribution as a common carrier. The
  largest broadcasting signal distributor in
  Africa.
• Licensed in terms of the Telecommunications Act
  No. 103 of 1996 for Multimedia Telecommunications
  Services.
• Wholesale international telecommunications
  services as a carrier of carriers.
• The Carrier of Carrier and Multimedia licenses
  awarded to Sentech effective 7 May 2002.
• In addition, Sentech holds a station and radio
  frequency license in terms of which it is
  permitted to use space segment on the IS-7 and
  IS-10 satellite. The services provided by
  Sentech on IS-7 and IS-10 are the one-way
  transmission of television, sound and associated
  data as part of its broadcasting signal
  distribution service.
• Provide technical training outside of South
  Africa.

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OBJECTS OF AGENCY

• One of the objects of the South African National
  Space Agency ("Agency"), recorded in section 4(c)
  of the Space Agency Bill, is to "foster research
  in astronomy, earth observation, communications,
  navigation and space physics".
• The object of fostering research in astronomy
  appears to mirror one of the object of the
  Astronomy Geographic Advantage Bill B17D-2007
  ("AGA Bill") namely, to "provide measures to
  advance astronomy and related scientific
  endeavours in the Republic".

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OBJECTS OF AGENCY cont.

• Whilst there is fundamentally no difficulty in
  the objects of the Agency being aligned with the
  objects of the AGA Bill, the overlap between the
  objectives of the Space Agency Bill and the AGA
  Bill-
• raises queries regarding the scope of the
  Agency's responsibility in respect of the
  advancement of astronomy in South Africa
• could result in an unnecessary duplication of
  administrative skills, costs and resources as
  well as divergent or disparate policies
  pertaining to the advancement of astronomy and
• could result in a certain level of discord
  particularly where the Agency is able to
  interfere with or undermine the administrative
  mechanisms put in place under the AGA Bill.

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FUNCTIONS OF AGENCY

• Sentech notes that one of the functions of the
  Agency, set out in section 5(1)(d) of the Space
  Agency Bill is to-
• "acquire, assimilate and disseminate space
  satellite data for any organ of state".
• Sentech, as a provider of broadcasting signal
  distribution services acquires, assimilates and
  disseminates space satellite data.
• Sentech therefore provides services which fall
  within the ambit of the functions of the Agency.
• Sentech proposes that the Agency should not be
  entitled to restrict, infringe upon or in any
  manner regulate Sentech's broadcasting signal
  distribution services or multimedia services
  which are regulated by the Independent
  Communications Authority of South Africa.

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FUNCTIONS OF AGENCY cont.

• In addition, the Space Agency Bill confers a
  mandatory obligation on the Agency, to acquire,
  assimilate and disseminate space satellite data
  for any organ of state.
• Sentech, which is wholly owned by the State and
  thus an organ of state, is apprehensive that it
  will be required to approach the Agency in order
  for the Agency to act on its behalf in respect
  of, inter alia, the conclusion of any agreements
  in respect of the leasing of transponder capacity
  or in respect of the conveyance of any satellite
  data.
• Sentech is also concerned that the wide powers
  conferred on the Agency in respect of its ability
  to acquire, assimilate and disseminate space
  satellite data will allow the Agency to exercise
  control over data which Sentech as a broadcasting
  signal distributor and multimedia service
  provider conveys as part of its own operations
  and transmits on behalf of broadcasters and to
  other end users.

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FUNCTIONS OF AGENCY cont.

• Certain broadcast content and multimedia content
  conveyed by Sentech is subject to third party
  license rights. The Agency, in exercising its
  obligations, may cause Sentech to violate such
  third party rights as well as the privacy
  obligations to which Sentech is bound in terms of
  statute or contract.
• In order to ensure that the powers conferred on
  the Agency in section 5(1)(d) of the Space Agency
  Bill do not negatively impact upon Sentech's
  licensed business operations, Sentech requests
  that the Portfolio Committee considers including
  a provision in the Space Agency Bill which
  specifically limits the Agency's rights under
  section 5(1)(d) to activities which are not
  already undertaken by any other party in terms of
  a licence or similar authorisation and to the
  acquisition, assimilation and dissemination of
  space satellite data which is not conveyed or
  transmitted by any other party in terms of a
  licence or similar authorisation.

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FUNCTIONS OF AGENCY cont.

• Sentech propose section 5(1)(d) to read as
  follows
• acquire, assimilate and disseminate space
  satellite data for any organ of State excluding
  activities which are already undertaken by a
  public entity in terms of a licence or
  authorization.

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CONCLUSION

• Sentech would like to thank the Committee for
  giving it this opportunity to provide comments on
  the Space Agency Bill.

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THANK YOU