On November 14th, 2024, Lesotho Communications Authority (LCA) published a Public Consultation to present an updated document on Authority Administrative Rules 2024 and this Draft proposes several changes to the Lesotho Communications Authority (Administrative) Rules 2016 version. Here are some of the key impacts or changes:
Licensing
- Extended Application Processing Time: Extends the application processing time for licenses from 90 days to 120 days.
- Public Consultations: Mandates public consultations for license applications. This process was not explicitly mentioned in the 2016 Rules.
- Commencement of Operations: Specifies different timeframes for licensees to commence operations after receiving a license: two years for telecommunications and one year for broadcasting and postal licensees. These deadlines were not present in the 2016 version.
- Automatic Lapse of License: Introduces the automatic lapse of a license if a licensee fails to commence operations within the stipulated timeframe. This provision was absent in the 2016 Rules.
Spectrum Management
- Regulatory Sandbox: Introduces the concept of a “regulatory sandbox,” which allows licensed and unlicensed entities to test new technologies in a controlled environment without full regulatory burden. This framework was not present in the 2016 Rules.
- Spectrum Assignment in Regulatory Sandbox: The Authority may authorize temporary spectrum use for entities participating in regulatory sandbox initiatives, without charging spectrum fees.
- Spectrum Harvesting: The Draft document empowers the Authority to reclaim assigned spectrum if it is underutilized, misused, or impedes competition. While the 2016 version had similar provisions, the Draft document elaborates on the specific conditions for spectrum harvesting.
Consumer Protection
- Data Privacy, Protection, and Cybersecurity: Introduces a new section specifically dedicated to Data Privacy, Protection, and Cybersecurity. It requires licensees to take specific measures to safeguard customer data and comply with cybersecurity guidelines.
- Notification of Data Breaches: Licensees are obligated to notify the Authority of any personal data breach involving customers within 48 hours of becoming aware of it. This reporting requirement was not present in the 2016 Rules.
- Restrictions on Subscriber Information Use: Tightens restrictions on licensee use and disclosure of subscriber information. It outlines specific purposes for which subscriber information can be used, generally requiring prior consent from the customer for any other uses. The 2016 Rules had less specific provisions regarding subscriber information.
Compliance and Dispute Resolution
- Expanded Dispute Resolution Timelines: Expands the timelines for dispute resolution between licensees and consumers. The 2016 Rules had shorter timelines for dispute resolution.
These are some of the significant changes proposed in the Draft document. They introduce new concepts, clarify existing provisions, and strengthen consumer protection measures in the telecommunications sector.
This document is available for comments and suggestions up to December 16th, 2024, and comments may be sent by e-mail to the Authority – lca@lca.org.ls and Cc: info@lca.org.ls
Impact on Type Approval and Market Access Requirements? – Yes
Impact on Imports, Customs, Trade, or Market Surveillance? – Yes
Impact on Spectrum Management? – Yes
Impact on Technical Standards? – No
