Electronic Communications Act, 2005 (Act No. 36 of 2005)

Regulations

Carrier Pre-selection Regulations, 2010

Reasons Document with respect to Carrier Pre-Selection Regulations, 2010

Section A: Introduction and Background
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1.INTRODUCTION

 

1.1Carrier pre-selection is an important mechanism of affording choice to consumers.

 

1.2The Authority undertook various consultative sessions with interested parties on the regulatory process.

 

1.3On 24 November 20081 and 24 December 20082, the Independent Communications Authority of South Africa ("the Authority") published the draft carrier pre-selection regulations and invited interested parties to make written representations on the draft regulations.

 

1.4The Authority convened public hearings on 18 and 19 February 2009.

 

1.5It became clear during the public hearings that interested parties did not agree with the Authority's published draft regulations. Consequently, on 25 February 2009, the Authority held a workshop on the draft regulations and invited interested parties to participate therein.

 

1.6After the workshop, some interested parties still had reservations with the draft regulations, with specific reference to the inclusion of mobile services being subjected to CPS.

 

 

2.LEGISLATIVE FRAMEWORK

 

2.1The Authority is empowered to make regulations defining the electronic communications services subject to carrier pre-selection in terms of section 42(1) of the Electronic Communications Act No. 36 of 2005 ("ECA").

 

2.2In order to discharge the above functions, the Council of the Authority established a committee in terms of section 17 of the ICASA Act. The functions of the committee were amongst others to: develop the draft and final carrier pre-selection regulations undertake the consultative process and make recommendations to Council on the proposed regulations.

 

3.PURPOSE

 

3.1The purpose of this document is to provide stakeholders with a rationale for the contents of carrier pre-selection regulations.

 

3.2This reasons document is developed in a question and answer format.

 

                                                                                                   

1Government Gazette No. 31640
2Government Gazette No. 31756