Overview

Holders of electronic communications service (ECS) and/or electronic communications network service (ECNS) licences issued by ICASA are required to comply with the terms and conditions of their licences as well as a number of other regulations ranging from those requiring payment of annual licence fees to requirements to submit quality of service information. Ellipsis estimates that – despite their licences being a critical business asset – less than 10% of current licensees are fully compliant with the various obligations flowing from regulations relating to their licences.

Since 2012, ICASA has been ramping up the enforcement of these obligations. From mid-2015, ICASA has been referring non-compliant licensees to the Complaints and Compliance Committee (ICASA-CCC), and several licensees have been found to be non-compliant with the regulations or the reporting requirements, and have been subject to a fine or other sanction.

ICASA has confirmed that this trend towards enforcing compliance with its regulatory framework will continue and that it is actively stepping up its programme of visits to licensees’ premises to verify compliance.

How Ellipsis can help

Ellipsis is a recognised leader in the provision of advice regarding electronic communications regulation and compliance, and we have developed simple, practical solutions tailored to assist licensees in meeting the compliance challenge, being your licence fee, standard and ad hoc reporting obligations.  A sample calendar of the standard reporting obligations for 2017 can be found at the following link.

Our packages are structured as monthly retainers, and pricing and other information can be requested by sending an email to sam@ellipsis.co.za with your licence details.

What the service includes

  • Development of a Regulatory Compliance Calendar.
  • Provision of assistance with ICASA compliance reporting obligations.
  • Advising in respect of compliance with the Standard Terms and Conditions (Class and Individual) Regulations, including submission of sectoral planning information on a quarterly basis and company information annually.
  • Assistance with compliance with the Code of Conduct Regulations, including the development of a Code of Conduct for publication and preparation and submission of bi-annual reports on same.
  • Assistance with the End-User and Subscriber Service Charter Regulations, including the determination of relevant quality of service criteria, the development of a Service Charter (if required) for publication and preparation and submission of bi-annual reports on same.
  • Assistance with compliance with the regulatory requirements for consumer complaints, including the development of a Complaints Procedure and Billings Disputes Procedure for publication, advice on dealing with any complaints received in terms of these, and preparation and submission of bi-annual reports on same.
  • Advising and reporting as required on the E-Rate Regulations and the Disability Regulations.
  • Notifying ICASA of tariff changes, promotional tariffs, and preparation and submission of bi-annual reports on tariffs.
  • Assistance with the Annual Licence Fee payable to ICASA, including advising on how to determine applicable revenue, attending to calculations for same, and attending to the preparation and submission of the forecast and final reports.
  • Assistance with the USAF Contribution payable to ICASA annually, including advising on how to determine applicable revenue and deductions, attending to calculations for same, and attending to the preparation and submission of the report.
  • Provision of assistance with ad hoc compliance requests from ICASA.
  • Preparation of inspection reports and email and telephonic communication with ICASA Inspectors for annual ICASA compliance and Code of Conduct inspections.
  • Email and telephonic support regarding compliance obligations and issues.

What the service excludes

The retainer service does not cover opinions, advices, applications, registrations and other services, unless otherwise agreed. This includes but is not limited to historic compliance reporting, notifications of change of details, licence renewals, numbers applications, spectrum and type approval applications, licence and licence-exemption registrations, licence transfer applications, and CCC responses and representations.

Further information

For further information on the regulatory compliance service and related matters please contact Sumaiyah Makda.