Regulatory Compliance Service

Overview | How Ellipsis can help | What the service includes | What the service excludes | Further information

Overview

Holders of electronic communications service (ECS) and/or electronic communications network service (ECNS) licences issued by ICASA are required to comply with the terms and conditions of their licences as well as a number of other regulations ranging from those requiring payment of annual licence fees to requirements to submit various reports throughout the year and respond to requests for information from ICASA.

ICASA has been ramping up the enforcement of these obligations, by conducting inspections to determine licensees’ compliance standing and referring non-compliant licensees to the Complaints and Compliance Committee (ICASA-CCC). Several licensees have been found to be non-compliant with the regulations or the reporting requirements by the ICASA-CCC, and have been subject to a fine or other sanction.

ICASA has confirmed that this trend towards enforcing compliance with its regulatory framework will continue.

How Ellipsis can help

Ellipsis has developed simple, practical solutions tailored to assist licensees in meeting their compliance reporting challenges. Our packages are structured as monthly retainers, and pricing and other information can be requested by sending an email to sam@ellipsis.co.za with your licence details.

What the service includes

The regulatory compliance reporting services contemplates the provision of assistance with ICASA compliance reporting obligations on a retainer basis (minimum period of 12 months). The retainer service includes

  • Preparation of a Regulatory Compliance Calendar which will determine the Client’s compliance reporting.
  • Development and preparation of the standard reports based on provided information and submission to ICASA at the intervals noted in the Regulatory Compliance Calendar, specifically:
    • Standard Terms and Conditions Report;
    • E-Rate Report;
    • Tariff Report;
    • Code of Conduct Report;
    • Code on People with Disabilities Report;
    • Complaints Report;
    • End-User & Subscriber Service Charter Report;
    • Sectoral Planning Report;
    • Universal Service and Access Obligations Report (if applicable).
  • Development and/or refinement of the standard documentation in terms of applicable ICASA regulations to be published by the Client, specifically:
    • Code of Conduct;
    • Complaints Procedure; and
    • End-User and Subscriber Service Charter.
  • Assistance with the preparation and submission to ICASA of notices of tariff launches/changes and promotional tariffs.
  • Development and preparation of the annual financial reports and calculation of applicable fees based on provided information and financial documentation and submission to ICASA at the intervals noted in the Regulatory Compliance Calendar, specifically:
    • Annual Licence Fee Report;
    • USAF Contribution Report; and
    • Forecast Report.
  • Acting as the first point of contact for ICASA in respect of the specified compliance and financial reporting.
  • Retention of copies of all compliance reporting documentation submitted to ICASA for record-keeping, along with calendar showing reports submitted each year.
  • Assistance with the preparation of compliance inspection reports.
  • Notification of ad hoc compliance requests from ICASA, including
    • the ITU Short Questionnaire;
    • the ITU Long Questionnaire; and
    • the ICT Sector Questionnaire.
  • Note that historic compliance/financial reports are not included in the services unless specifically agreed in writing.

What the service excludes

The services are limited to the management and reporting activities detailed above. The services will not cover anything which falls outside of this, and expressly excludes the preparation or submission of notices (including changes to details or renewals), registrations or applications to ICASA in respect of any service licensing, numbering or certification process, legal research, the preparation of opinions or memoranda, and more generally advice on and/or the preparation of submissions or any documentation in relation or in response to:

  • regulatory or legislative processes;
  • due diligence or similar processes;
  • any analysis of licensed, non-licensed and exempt activities for the purpose of holding suitable licences or financial reporting;
  • referral to ICASA’s Complaints and Compliance Committee and related matters;
  • historic or future shareholding changes; and,
  • obligations (if any) for equity ownership to consist of historically disadvantaged groups and to achieve broad-based black economic contributor status targets.

Further information

For further information on the regulatory compliance reporting services retainer including pricing or to sign up for the service, please contact sam@ellipsis.co.za.