Interconnection rights, which many stakeholders say is key to fair competition, will be deliberated next week.
The Independent Communications Authority of SA (ICASA) says it will host public hearings on 20 and 22 March for interconnection guidelines and 23 and 24 March for facilities leasing at ICASA`s Sandton premises.
"The purpose of the hearings is to review the existing interconnection and facilities leasing guidelines regime and align it with developments in the telecoms sector," says Vimla Maistry, ICASA media relations manager.
Draft regulations relating to interconnection and facilities leasing were published in January 2005 for public comment. A number of written submissions were received for the draft regulations, ICASA says.
Submissions
One of the key issues both the Communications Users Association of SA (CUASA) and the Internet Service Providers Association (ISPA) agree on is the definition of "interconnection providers".
Both organisations note the definition of interconnection providers according to regulations would include only Telkom and the second national operator. This could create a situation where operators like mobile telecoms service licensees could deny an interconnection request from an interconnection seeker, the two organisations say.
CUASA also notes interconnection providers should not be allowed to refuse interconnection services, unless ICASA determines the interconnection service could be used for unlawful purposes.
Amending the clause in the regulation to include ICASA`s intervention would prevent instances where an interconnection provider refuses to provide interconnection services to another company on the basis that the service would be used for unlawful purposes, CUASA says.
Vodacom and MTN should be declared major operators for the mobile cellular telecoms service market, ISPA says, as they both have at least 35% of the market. ISPA notes both operators have control over essential services and could materially affect the terms of participation in the mobile market by use of their positions in the market.
If Vodacom and MTN were declared major operators, then it may also be necessary to declare certain aspects of mobile networks as essential services, ISPA notes.
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Interconnection integral to competition
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