[17 February 2018] The second phase of ICASA’s process to identify priority markets for pro-competitive intervention has commenced with the publication of a discussion document for public comment.
Submissions are due by 25 April 2018 and can be sent to firstname.lastname@example.org.
ICASA’s preliminary view – based on the market study – is that the following markets should be prioritised for a market review:
- Wholesale fixed access, which refers to fixed access services and wholesale supply of asymmetric broadband
- Upstream infrastructure markets incorporating national transmission services and metropolitan
- Wholesale mobile services incorporating mobile radio access network services and wholesale supply of mobile network services
[5 August 2017] ICASA has published its responses to the questions of clarity raised by stakeholders in line with its timelines, together with a list of sources which it had consulted in adopting the approach that it has.__
One of the responses indicates that the deadline for submission of the questionnaire to completed by stakeholders has been extended to 10 October 2017. This has now been formalised in a gazetted notice.
__[30 June 2017] ICASA has launched an inquiry to determine how it should exercise the powers it has under section 67(4) of the Electronic Communications Act to investigate markets for ineffective competition and to impose pro-competitive remedies where market failure is established.
The abovementioned questionnaire is available on the ICASA website at http://www.icasa.org.za and Head Office library in Sandton during working hours.
Section 67(4) of the ECA sets out the process to be followed by ICASA where it wishes to address failures in competition in markets over which it has jurisdiction. ICASA is required to define these markets and market segments and then investigate whether there is ineffective competition and whether a licensee exercises significant market power (SMP) in the market /market segment.
Where ineffective competition or SMP exists, ICASA is empowered to impose appropriate pro-competitive licence conditions on licensees with SMP to remedy the market failure.
ICASA wishes, as a preliminary step, to identify broad markets and market segments in the electronic communications sector and to assess which of those markets or market segments are susceptible to regulation under section 67(4). Once this is done ICASA will make a determination as to which of these markets should be prioritised for further investigation.
The identification of priority markets in this manner is envisaged in the Guideline for Conducting Market Reviews which was published by the Authority in March 2010.
ICASA’s intention is to provide certainty to stakeholders in relation to the markets that the Authority intends to analyse through the market review process. It notes, however, that the dynamism of the sector requires a degree of flexibility.
The inquiry is to be conducted in phases, with a number of public consultation exercises, and ICASA indicates that additional steps may be introduced if this is felt to be necessary. ICASA’s intention is to conclude the process by 31 March 2018.
|Phase||Purpose||Action for licensee||Action|
|#1 – Market Study||Obtain information and opinions from markets participants and stakeholders||(1) Questions of clarity on Market Study to be submitted by 16h00, Friday 14 July 2017.||(1) Response to questions of clarity in form of Briefing Note published by ICASA on Friday 4 August 2017.|
|(2) Questionnaire to be completed by 4 September 2017.||(2) ICASA may request one-on-one interviews to clarify responses.|
|#2 – Discussion Document||Informed by Phase 1 and benchmarking / research. Will set out proposed list of markets subject to intervention as well as proposed priorities.||45 working days to comment|
|#3 – Public Hearings||If deemed necessary by ICASA.|
|#4 – Findings Document||Final deliverable. List of markets susceptible to s67(4) regulation and a list of priority markets to be subjected to s67(4) market reviews.|