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

Regulations

End-User and Subscriber Service Charter Regulations, 2016

Reasons Document

Amendment of the Reasons Document for the End-User and Subscriber Services Charter Amendment Regulations, 2018

1. Introduction
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1.1During May 2018, the Independent Communications Authority of South Africa ("the Authority") received letters from the following licensees:
•Cell C;
•Fworx;
•Internet Service Providers’ Association;
•Internet Solutions;
•Izwi Bridge Communications;
•MTN;
•Telkom; and
•Vodacom.

 

1.2Licensees requested a postponement of the effective date of the amendment Regulations in order to afford licensees more time to make the necessary changes to their systems. In addition, the licensees raised certain questions of clarity on the implementation of certain provisions in the amendment Regulations.

 

1.3On 9 May 2018, the Authority published the amendment Regulations with the effective date being 8 June 2018 (one (1) month after publication in the Government Gazette).

 

1.4Cell C launched an urgent application on 7 June 2018 seeking inter alia the following orders:
1.4.1Interdicting the implementation of the amendment Regulations; and
1.4.2Directing the Authority to issue a notice in terms of which the amendment Regulations will be brought into force six (6) months after the date of publication of notice.1

 

1.5On 7 June 2018, the Authority suspended the effective date of the amendment Regulations pending the final determination of Part A of the urgent application launched by Cell C.2

 

1.6On 16 November 2018, the Authority, Cell C, Telkom and MTN reached an out of court settlement in terms of which the amendment Regulations will be effective at midnight on 28 February 2019.3

 

1.7On 4 December 2018, the Authority sent letters to Vodacom, MWEB, MTN, Telkom, ISPA and Cell C confirming the effective date of the amendment Regulations and that it would respond to licensees’ questions of clarity in due course.

 

1.8On 13 December 2018, the Authority sent letters to Vodacom, MWEB, MTN, Telkom, ISPA and Cell C with responses to the issues of clarity on the implementation of the amendment Regulations.

 

1.9In addition, the Authority held one-on-one meetings with ISPA, Vodacom, Cell C and MTN on 16, 18, 21 and 22 January 2019 respectively.4 The purpose of the meetings was for licensees to obtain clarity on the Authority’s responses contained in the letters of 13 December 2018.

 

1.10The purpose of this document is to provide reasons for the latest amendments, following the recent engagements with various licensees, and to clarify any ambiguities from the previous Reasons Document.

 

                                                                                                   

1MTN and Telkom joined the litigation and supported the relief sought by Cell C.
2See Notice No. 582 Gazette No. 41696.
3https://www.icasa.org.za/news/2018/icasa-notes-cell-cs-urgent-application-to-review-the-eussc-regulations
4Other licensees did not request one-on-one meetings with the Authority.