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Draft Call Termination Regulations (update 2)

updated 20100623: Hearing Schedule Draft Call Termination Regulations

Updated 20100621: We have posted all the written submissions received by ICASA in response to the draft Call Termination Regulations (see links below).

Although it seemed at times that it might never happen, ICASA has finally taken bold steps to curb predatory pricing in the wholesale call termination markets for both fixed line and mobile services. While the headline news will focus on the proposed glide path reduction of wholesale call termination, the real importance of these regulations is that they represent the first substantive exercise of ICASA’s powers under Chapter 10 of the Electronic Communications Act.

Draft Wholesale Call Termination Regulations (link to .gov.za site)

The final date for public submissions is 18 June 2010.

Written submissions received:
Altech
Cell C (Economic Comment)
Cell C (Legal Comment)
ECN
Eskom
IS
ISPA
Madraymuthoo
MTN
MWEB
Nashua
Neotel
SACF
SAICOM
SATSPA
Sentech
Smile
Switch
Telkom
Vodacom
VOX Telecom

Facilities Leasing Regulations 2010

ICASA has gazetted final Facilities Leasing Regulations which will come into force on 30 June 2010.

Facilities Leasing Regulations 2010

ICASA Interconnection Regulations 2010

Some five years after the enactment of the Electronic Communications Act (ECA), ICASA have managed to produce a set of framework interconnection regulations.

ICASA Interconnect Regulations 2010

Effective date: 30 June 2010.

Comment:
It is noteworthy that these regulations represent a bare minimum regulatory intervention which evidences ICASA’s desire to avoid any form of legal challenge. While clarification on the basic right to interconnect and the imposition of certain time lines is welcomed, it remains disappointing that many of the provisions present in previous drafts have been deleted or watered down in the process of removing anything vaguely controversial.

The net result is that what should be a fundamental regulatory spur to greater competition in the electronic communications industry will have very little impact.

New draft Facilities Leasing Regulations

Better late than never? Following the second draft published in December 2007, ICASA has issued a third draft set of Facilities Leasing Regulations for public comment.These regulations are intended to regulate the manner in which new entrants can lease the electronic communications facilities of established network services providers, and they go hand in hand with the draft Interconnection Regulations published in July 2009.

Draft Regulations on Facilities Leasing December 2009
Draft Regulations on Facilities Leasing December 2009 – Explanatory Note

Comment is due by 21 January 2010.

How to lower interconnection rates …

There has been a great deal of debate recently around the need to lower the interconnect rate charged by the mobile network operators and the need to reduce it from what is generally regarded as its current extortionate level.

ECN Telecoms is at the forefront of this battle – hats off to them – and they have issued a legal challenge to ICASA to stop sitting on its hands and actually do something useful for SA consumers. See, for example, Top lawyer says Icasa can cut call costs.

ECN have kindly provided ellipsis with a copy of the Opinion which they solicited from Gilbert Marcus SC – Opinion on ICASA’s ability to regulate Interconnection Rates.

New (3rd) Draft Interconnection Regulations

This is the third set of draft Interconnection Regulations to be published for comment. The last draft was published in December 2007.

Draft Interconnection Regulations July 2009

Comment is due by 25 August 2009.

Regulations on Licence Exemptions in respect of Radio Frequency

ICASA published new Regulations in respect of Licence Exemptions in terms of Section 6 of the Electronic Communications Act read with section 31(6) in respect of radio frequency spectrum, ECS and/or ECNS on 29 July 2008. These regulations repeal General Notice 533 of 2004

Policy Direction: ITA for IECNS licence for provision of satellite infrastructure

On 7 July 2008 the Minister of Communications caused the publication of a Draft Policy Directive directing ICASA to issue out an Invitation to Apply (ITA) and accept applications for the award of “individual electronic communications network service licences to provide satellite infrastructure”.

Comments are due to be submitted to the Department of Communications by 18 August 2008.

Download the Draft Policy Directive.

Informative article giving some background [on ITWeb site]

WUGs & neighbourhood watches

The following (informal) opinion was provided to a SA WUG (or Wireless User Group) and relates to the lawfulness of the use of electronic communications in the form of surveillance cameras in the fight against crime.

opinion-on-licensing-neighbourhood-watch-mesh-network-012008

ECA Access Package ICASA workshop

Download the ECA Access Package ICASA workshop (ppt)

access Altech Broadband Infraco licensing class licence registrations and applications competition Department of Communications draft regulations ECA ECNS ECS existing Licenses final regulations frequency ICASA IECNS individual licence applications legislation licence conversion licence exempt Licence exemption application licensing numbers Open for comment policy self-provision standard terms and conditions Telecommunications Act universal Access universal service VANS

Legal notices:
This site and the content on it is intended to facilitate greater understanding of the regulation of electronic communications in South Africa. Content does not, obviously, constitute legal advice. If it did there would probably be an invoice attached. Please use the site to become better informed and save yourself some money if and when you do need to consult a suitably qualified advisor.

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