The Impartial Communications Authority of South Africa (ICASA) has revealed draft cell broadband service laws that purpose to make sure that Vodacom and MTN cost honest costs for cell information in South Africa.
ICASA stated that these laws observe its market inquiry into cell broadband providers.
“The aim of those laws is to amongst others, impose applicable pro-competitive license circumstances on these licensees having vital market energy to treatment the market failure; and supply for monitoring and investigation of anti-competitive behaviour,” ICASA acknowledged.
The draft laws state that MTN and Vodacom are dominant in South Africa’s cell information retail market, and upstream markets like infrastructure entry and wholesale nationwide roaming.
To handle this, the laws require Vodacom and MTN to do the next with respect to infrastructure sharing and wholesale providers:
- Maintain a report of infrastructure websites the place one other operator requested for entry and was granted entry inside 20 enterprise days.
- Maintain a report of web sites the place entry was not accepted inside 20 enterprise days.
- A listing of all websites and all prices for sharing any macro web site infrastructure.
- Present a quarterly report exhibiting efficient costs paid for wholesale roaming providers, and information volumes used per web site.
Relating to costs, the laws require the next on a quarterly foundation:
- A report on efficient retail costs paid by finish customers, calculated by dividing complete income for information with complete quantity of knowledge used (in Gigabytes).
- A report on efficient retail costs paid by finish customers, break up in accordance with particular segments:
- Knowledge used between 05:00 and 00:00 (“anytime”)
- Knowledge used between 00:00 and 05:00 (“evening owl”)
- By pay as you go, hybrid, and postpaid buyer segments
- By client and enterprise buyer segments
- By province, and inside provinces, by city and rural
- Excluding fastened wi-fi, wholesale, cell digital community operators (MVNO), and enterprise site visitors
- A report exhibiting the efficient wholesale costs paid by MVNOs and resellers. The place the retail worth is beneath these wholesale costs, Vodacom and MTN should give detailed and absolutely auditable proof to ICASA explaining why.
“As such, the Authority will monitor retail costs and wholesale costs, and specifically monitor for margin squeeze, which the Competitors Fee has indicated it’ll prosecute if wholesale charges are above efficient retail charges,” ICASA stated.
Anybody eager about commenting on the laws have 30 working days from 26 March 2021 to ship their submissions to ICASA.
The draft laws are embedded beneath.
In a associated matter, ICASA’s Cell Broadband Providers Market Inquiry options within the authorized problem introduced in opposition to ICASA by Telkom, which has resulted within the delay of the auctioning of sought-after radio frequency spectrum.
Telkom argued that ICASA went forward with the method to ask operators to use for the spectrum with out first ending its market inquiry. Telkom contends that this was illegal and irrational.