ICASA inquiry into mobile broadband services competition

[09 January 2019] ICASA has released an updated response to questions of clarity raised by licensees regarding the market inquiry into mobile broadband services, as can be found at the link below:

Updated responses to questions of clarity raised by licensees (8 January 2019)

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[27 December 2018] Answers to questions of clarity on the Notice launching this process were published by ICASA on  21 December 2018.

Responses to clarity questions Mobile Broadband Services Market Inquiry

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[16 November 2018] ICASA has given notice of its intention to investigate levels of competition in the mobile data services value chain and to assess whether any regulatory interventions are required in order to stimulate competition.

ICASA Media Release

Notice of Intention to Conduct Market Inquiry into Mobile Broadband Services

Mobile Broadband Inquiry Questionnaire

Mobile Broadband Inquiry: Annexure A

This will be a similar process to the inquiry which led to regulation of voice call termination rates. It follows on from the conclusion of ICASA’s market prioritisation process.

Phases and timelines

The process is to unfold as set out in the table below, with the intention to bring it to a conclusion by 31 March 2020.

Note that ICASA may introduce additional phases or steps, where necessary, to ensure clear communication with stakeholders and may conduct industry workshops or public briefing sessions in relation to matters of process.

Phase Activity Time allowed Deadline*
1 Commencement and information gathering through the Notice, a questionnaire and requests for information (16 November 2018)
Submit questions of clarity on process, questionnaire and/or request for information 10 calendar days 25 November 2018
ICASA responds to questions of clarity 10 calendar days 5 December 2018 (actual 21 Dec)

Revised responses 8 January 2019

Submission of written representations on the Notice, questionnaire and/or requests for information 45 working days 12 February 2019

Revised: 11 March 2019

ICASA may requests one-on-one meetings to clarify submissions
2 Publication of Discussion Document
Submission of written representations on the Discussion Document 45 working days ?
3 Public hearings on Discussion Document
To be advised by ICASA if it deems these necessary
4 Publication of Findings Document and Draft Regulations
Submission of written representations on the Findings Document and Draft Regulations 30 working days ?
5 Public Hearings on Draft Regulations
To be advised by ICASA if it deems these necessary
6 Publication of Final Regulations and Reasons Document

*to be confirmed

What will the outcome be?

The Final Regulations referred to in the table would potentially cover:

  • Definitions of the relevant wholesale and retail markets in the mobile broadband services value chain;
  • A determination as to whether there is effective competition in these markets;
  • Where competition is determined to be ineffective in a market, a determination as to whether any licensees have significant market power (SMP) in that market;
  • Pro-competitive obligations to be imposed on licensees with SMP designed to remedy the identified market failure;
  • A schedule for the review of the defined markets; and
  • Mechanisms for monitoring and investigation anti-competitive behaviour in these markets.

Confidentiality

If any of the material you want to submit is confidential then there is a process to apply for confidentiality.

Queries

Any queries or written submissions must be sent to:

Chairperson: Market Inquiry Council Committee

Councillor Botlenyana Mokhele

Block C 350 Witch-Hazel Avenue, Eco Point Office Park, Eco Park, Centurion

Tel: 012 568 3125 Fax: 012 568 3126

Email: marketInquiry2018@icasa.org.za

 

 

 

 

2019-02-05T14:48:26+00:00Jan 9th, 2019|competition, cost to communicate, ICASA, Open for comment, snippets|