[31 March 2016] Moving with laudable speed, ICASA has published a Findings Document on the Regulatory Framework on Electronic Communications Infrastructure:
The regulator has concluded that infrastructure sharing is already accommodated under the existing Facilities Leasing Regulations 2010, with greater attention to be paid to the enforcement of the provisions of those regulations. Further, ICASA will assess the need to amend the Facilities Leasing Regulations 2010 in order to cater for local loop unbundling.
6. CONCLUSION AND THE WAY FORWARD
6.1. The Authority embarked on the consultative process on the Regulatory Framework on infrastructure sharing with a view that the sharing of electronic communications infrastructure will result in the realisation of the above mentioned objectives, in particular, that the practice will encourage service-based competition in the downstream retail markets as it will result in the reduction of input costs for incumbents and new entrants.
6.2. Stakeholders went to great lengths to address infrastructure sharing matters, including how the Authority could improve the regulation of the practise, inter alia, by strengthening the existing Facilities Leasing Regulations.
6.3. Based on the submissions of the stakeholders the Authority concludes that the ECA and the Facilities Leasing Regulations effectively cater for infrastructure sharing. In this regard, the Authority intends to actively monitor and enforce implementation of the Facilities Leasing Regulations and applicable provisions of the ECA to promote and facilitate infrastructure sharing. The Authority will also assess whether there is a need to review and or augment the current Facilities Leasing Regulations to deal with, inter alia, local loop unbundling
[7 March 2016] We have obtained copies of the responses made to ICASA in response to the Discussion Document on a Regulatory Framework for Infrastructure Sharing:
[15 September 2015] ICASA has published a Discussion Document regarding infrastructure sharing for comment. This is the commencement of an inquiry in terms of section 4B of the ICASA Act.
Submissions are due by 16h00 on Friday 13th November 2015 and should be marked for the attention Mr Jake Mongalo (firstname.lastname@example.org).
The Discussion Document raises various examples of sharing and sets out a case for the benefits of greater sharing – something about which there is increasingly universal acceptance. It then poses the following questions to be addressed by those making submissions:
- Do you agree that infrastructure sharing will encourage the deployment of networks to rural and sparsely populated areas? If not, please provide the reason(s) for your answer.
- In your opinion, how do you think infrastructure sharing will encourage service based competition?
- To what extent do you believe that the objectives of infrastructure sharing are reached?
- Do you believe that the Authority should deal with infrastructure sharing matters in one regulation?
- Please list other benefits realised as a result of infrastructure sharing.
- Do you think that it is necessary for the Authority regulate for ‘one-build’ civil works and mast erections at this time? Please state your reasons?
- In your view, what incentives will encourage infrastructure sharing in general?
- In your view, how can the Authority improve on its intervention in terms of non-discriminatory access to infrastructure?
- Would you say that the facilities leasing regulations adequately cater for infrastructure sharing needs in South Africa? If not, please state the areas that have not been covered.
- Do you agree with the Authority on the definition of passive infrastructure? If not, please provide an alternative definition.
- Please state other passive infrastructure that you consider essential for sharing.
- Please state the advantages and disadvantages of passive infrastructure sharing.
- Do you agree with the Authority on the definition of active infrastructure? If not, please provide an alternative definition.
- Please state other active infrastructure that you consider essential for sharing.
- Please state the advantages and disadvantages of active infrastructure sharing.
- Please provide examples of how active and passive infrastructure is being shared in South Africa.