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Comment on Mobile Broadband Services Regulations Extended

May 19, 2021

Independent Communications Authority

Comment on the Draft Mobile Broadband Services Regulations has been extended.

The Independent Communications Authority (ICASA) announced the extension in Government Gazette 44590.

The draft Regulations were published for comment in Gazette 44337 in March 2021 in terms of the Electronic Communications Act.

The draft Regulations are designed to define relevant wholesale and retail markets or market segments for mobile broadband services; determine whether there is effective competition in those relevant markets and market segments; determine which, if any, licensees have significant market power in those markets and market segments where there is ineffective competition; impose appropriate pro-competitive licence conditions on those licensees having significant market power to remedy the market failure; set out a schedule in terms of which ICASA will undertake periodic review of the markets and market segments and provide for monitoring and investigation of anti-competitive behaviour in the relevant market and market segments.

The draft Regulations focus on a market definition and the methodology applied by ICASA in determining the effectiveness of competition in the markets outlined in Regulation 3.

ICASA holds the view that competition in the retail market, upstream market 1, upstream market 2, and upstream market 3b, as defined in Regulation 3, are ineffectively competitive.

MTN and Vodacom are seen to be dominant in the retail market, upstream market 1 and upstream market 2.

The draft Regulations set out pro-competitive terms and conditions.

Comment is now invited until 28 May 2021.

In Gazette 44589, ICASA invites written representations on applications from Hymax Talking Solutions (Pty) Ltd for the transfer of control of its Individual Electronic Communications Service (“I-ECS”) and Individual Electronic Communications Network Service (“I-ECNS”) licences to Grapevine Telecommunications Solutions (Pty) Ltd.

Representations are invited within 14 working days of the date of publication.