3.1 | As indicated above, the Authority undertook a review of the 2014 Call Termination Regulations in line with regulation 8 of the 2014 Call Termination Regulations, read with section 4(7)(b) and 67(8)(a) of the ECA. |
3.2 | Section 4(7) of the ECA states: |
"The provisions of subsection (4) do not apply with regard to—
(a) | any regulation made by the Authority which, after the provisions of that subsection have been complied with, has been amended after receipt of comments or representations received in terms of a notice issued under that subsection; or |
(b) | any regulation which the public interest requires should be made without delay." |
3.3 | Section 67(8)(a) of the ECA states that: |
"Where the Authority undertakes a review of the pro- competitive conditions imposed upon one or more licensees under this subsection, the Authority must—
(i) | review the market determinations made on the basis of earlier analysis; and |
(ii) | decide whether to modify the pro-competitive conditions set by reference to a market determination..." |
3.4 | The review of the 2014 Call Termination Regulations pro-competitive process commenced on 30 January 2017, with the publication of a media release and a questionnaire on the Authority's website and the Government Gazette4. |
3.5 | The process was finalised in September 2017 with the publication of the Findings Document5 on the review of the 2014 pro-competitive remedies ("Findings Document"), and the 12-month extension of the call termination rate glide path from 1 October 2017 to 30 September 2018. |
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4 | Published on 8 February 2017 in the Government Gazette (Notice No. 103 of 40603). |
5 | Published on 22 September 2017 in the Government Gazette (Notice No 729 of 41132). |