Obligation to respond to requests for information from ICASA

Holders of electronic communications service (ECS) and/or electronic communications network service (ECNS) licences issued by ICASA are required to comply with a number of obligations stemming from the Electronic Communications Act 36 of 2005, the terms and conditions of their licences, and various related regulations.

Licensees are obligated to respond to ad hoc requests from the Authority as can be seen from the following excerpts:

Amendment Standard Terms and Conditions for Individual Licences Regulations, 2015:

“8. PROVISION OF INFORMATION

(1) The Authority may, in the course of carrying out its obligations under the Act, require a Licensee to provide any information including documents not ordinarily required, so as to enable it to:

(a) monitor and enforce consumer protection, quality of service, competition, compliance with licence conditions and other requirements of the Act and related legislation;

(b) allow for the assessment and allocation of applicable fees and related requirements;

(c) facilitate the efficient use of radio frequency spectrum; and

(d) collect and compile information to be used for research purposes, planning, reporting and conducting inquiries.”

(2) In respect of each information request referred to in sub regulation (1), except where otherwise addressed in applicable regulations, the Authority will provide, among other things, detailed specifications of its information request, applicable response times and a contact person to whom queries may be addressed.

(3) A licensee must submit all the required information as required by the Authority in terms of subsection (1).

(4) In the event that the Licensee or its representative refuse or fail to provide the Authority with requested information in terms of sub regulation (1), the Authority may, after reasonable attempts, refer the matter to the Complaints and Compliance Committee”

Amendment Standard Terms and Conditions for Class Licences Regulations, 2015:

“9. PROVISION OF INFORMATION

(1) The Authority may, in the course of carrying out its obligations under the Act, require a Licensee to provide any information including documents or books not ordinarily required, so as to enable it to:

(a) monitor and enforce consumer protection, quality of service, competition, compliance with licence conditions and other requirements of the Act and related legislation;

(b) allow for the assessment and allocation of applicable fees and related requirements;

(c) facilitate the efficient use of radio frequency spectrum; and

(d) collect and compile information to be used for research purposes, planning, reporting and conducting inquiries.”

(2) In respect of each information request referred to in subregulation (1), except where otherwise addressed in applicable regulations, the Authority will provide, among other things, detailed specifications of its information request, applicable response times and a contact person to whom queries may be addressed.

(3) A licensee must provide the information in accordance with such format as may be prescribed by the Authority.

(4) In the event where a Licensee or its representative refuse or fail to provide the Authority with requested information in terms of subregulation (1), the Authority may, after reasonable attempts, refer the matter to the Complaints and Compliance Committee.”