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Discussion Document on Call Termination Regulations Released

November 8, 2021

Independent Communications Authority

The Discussion Document on the Review of the Pro-Competitive Conditions Imposed on Licensees in terms of the Call Termination Regulations has been published.

The Independent Communications Authority (ICASA) published the Discussion Document in Government Gazette 45430.

ICASA announced its intention to review the pro-competitive conditions imposed on relevant licensees in terms of the Call Termination Regulations in Gazette 44636 in May 2021.

The publication of the Discussion Document is phase 2 of the review process.

Phase 3 will focus on public hearings on the Discussion Document while phase 4 will deal with the Findings Document.

The Discussion Document focuses on the review of pro-competitive conditions in the Regulations including Regulation 3 on market definition; Regulation 4 on methodology; Regulation 5 on effectiveness of competition; Regulation 6 on significant market power and Regulation 7 on pro-competitive terms and conditions.

ICASA’s preliminary views include that the definitions of mobile termination markets and fixed termination markets in terms of Regulation 3 of the Regulations remains unchanged; competition in mobile termination markets and fixed termination markets will be ineffective in the absence of regulation and each individual Electronic Communications Network Service and individual Electronic Communications Service licensee that offers wholesale voice call termination services in South Africa still has 100% share of the market in respect of voice calls terminating on its network and also has Significant Market Power.

ICASA points out that the “pro-competitive conditions imposed on licensees in 2014 are still necessary in order to address the market failures in the wholesale voice termination markets as identified in regulation 7(1) of the Regulations”.

“However, the Authority’s preliminary view is that asymmetry should be granted to new entrants for a period of up to three years upon entry.”

Comment on the Discussion Document is invited within 45 days of the date of publication.