Electronic Communications Act, 2005 (Act No. 36 of 2005)RegulationsNumbering Plan Amendment Regulations, 2020Reasons Document, 20202. Stakeholders Submissions |
In addition to the above, licensees, through their written submissions, submitted the following concerns and recommendations for consideration:
| 2.1. | Current use and migration existing services on the short code “116” |
Cell C sought clarity on whether the short code “116” is free and available for use across all ECS licensee networks, and if not clarity on the migration plans and timelines.
The Authority’s Response
| (a) | In terms of whether the short code “116” is free and available for use across all ECS licensee networks, submissions pertaining to the Numbering Audit as prescribed by section 68(6) of the Act and by the Numbering Audit Regulations GG 36506 as published on 29 May 2013, identified that a only one ECS licensee had implemented the short code “116” on its network for On-Net offerings to its subscribers. |
| (b) | Vodacom, who has implemented the short code “116” on its network, has advised the Authority with respect to the migration of existing services on the short code “116” and also provided proposals with respect to the timeframes that can be applied in implementing the short code to be between sixty (60) to a hundred and twenty (120) days. |
| (c) | Both Cell C and Telkom also made proposals with respect to the timeframes that can be applied in implementing the short code. Cell C proposed 3 months and Telkom proposed 1 month respectively. |
| (d) | The Authority, having taken into consideration the submissions with respect to the implementation timelines for the short-code, had to revise the provisions of the draft Notice2 whereby Regulations would have come into effect on 1 April 2020 irrespective of the date of publication. This would have created a possibility in which licensees would have a shorter period to implement the code. |
| (e) | As a result of the above, the implementation timeline has been reviewed to (3) months from the date of publication. |
| 2.2. | Portability of the short code “116” |
Cell C sought clarify on whether the short code “116” will be subject to the Number Portability Framework, and if so what arrangements apply.
The Authority’s Response
| (a) | In line with regulation 3 of the Functional Specification for Mobile Number Portability under the Number Portability Regulations Government Gazette No. 28091 as published on 30 September 2005 as well as regulation 3 of the Functional Specification for Geographic Number Portability under the Number Portability Regulations Government Gazette No.30089 as published 13 July 2007, Short codes, are not subject to the Number Portability framework. As such the short code “116” is not portable. |
| (b) | Should the consideration arise for the portability of short codes, the portability of such shall be addressed through the review of the Number Portability framework. |
| 2.3. | Assignment of the short code “116” |
Cell C sought the Authority to clarify which child line entity the code be assigned to and thus routing of communication to the code “116” as well as the criteria for the determination of the Child Helpline entity.
The Authority’s Response
| (a) | The previously mentioned CRASA Resolution advised member states to assign the code to Child Helplines services run by organizations dedicated to the welfare of children and accredited by the Ministry responsible for children in their respective countries. |
| (b) | In establishing which entity\entities to whom the code shall be assigned, the following factors were taken into consideration: |
| a. | The assignee had to be an organization dedicated to the welfare of children; and |
| b. | The assignee had to be accredited and nominated by the Ministry responsible for children i.e. the Department of Social Services |
| (c) | Childline SA was thus identified as the entity to whom the code shall be assigned. |
| 2.4. | Parallel provision of the short code “116” and the current numbers utilized for Child Helpline services |
Cell C sought clarity with respect to the timelines for the parallel run of both the existing toll-free number and the short code “116” upon implementation.
The Authority’s Response
| (a) | In terms of the Regulations, nine (9) months from the date of publication the number: 0800 055 555 shall be withdrawn and the code “116” will be the exclusive number for Child help line services. This will allow for a six (6) month parallel run for both the 0800 055 555 and the short code “116”. |
| (b) | The said six (6) months period was proposed as an adequate amount of time by Childline SA and the Ministries of Social Services as well as the Ministry of Communication and Digital Technology considering the proposed launch of the code and envisioned awareness campaign. |
2.5. Awareness campaign on the introduction of the short code “116”
Cell C sought clarity with respect to who shall be responsible for the Awareness campaign for the introduction of the new code.
The Authority’s Response
| (a) | The assignee shall lead the awareness campaign in collaboration with the Ministry of Communication and Digital Technology and the Authority. |
| (b) | Licensees are however implored to join the Authority and its collaborating stakeholders to spread the campaign on its available platforms as a social cohesion initiative for the advancement of child protection services. |
| 2.6. | Toll Free Framework |
Cell C submits that currently in line with the toll-free framework provided in the Numbering Plan Regulations, 2016, it routes 080x calls free of charge to the calling party. It further submits that due to almost all the 080x being assigned to Telkom SA, it has not been able to reach an agreement with Telkom SA on the origination rate for toll free services and thus requests the Authority to resolve this matter prior to implementing this Regulation.
The Authority’s Response
| (a) | The Reasons Document of the Numbering Plan Regulations, 2016 went to length in reasoning the preferred and adopted toll-free model. The preferred toll-free model proposed zero rated wholesale termination fees and a billing mechanism of a commercially negotiated origination rate that is to be fair and non-discriminatory. |
| (b) | On the basis that Cell C submits that the origination rate proposed by Telkom SA is unfair or discriminatory, Cell C is advised to refer the matter to the Complaints and Compliance Committee for adjudication in line section 17C of the ICASA Act. |
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2 Notice 289 in Government Gazette No 42272 of 2019