The Independent Communications Authority of SA (ICASA) and the Competition Commission yesterday released an agreement that defines how jurisdiction will be split between them.
More than a year in the making, the memorandum of agreement will be published in the Government Gazette early next week, be open for public comment until the end of May and should come into effect in mid-June.
The document details which of the two bodies is responsible for certain matters, and how issues where jurisdiction overlaps should be dealt with.
In terms of the agreement, ICASA retains jurisdiction over any complaints specific to the telecommunications licences or legislation. The Competition Commission is to deal with allegations that a telecoms player is abusing a dominant position or engaging in restrictive practices.
Both will have the right to request advice from the other, and can also request to sit in on discussions where deemed appropriate. But the independence of each is jealously guarded, with the option rather than an obligation to consult with the other.
ICASA chairman Mandla Langa says the basic terms of the agreement were easily agreed on, with much of the time needed to conclude it taken up by examining international standards in similar deals.
Langa describes the agreement as a clarification for both the regulators and the industries they oversee, clarity which could be to the detriment of players who abused regulatory uncertainty.
"By agreeing on the management of concurrent jurisdiction over competition matters in the telecommunications and broadcasting industries, the commission and the authority are also sounding a warning to those who abuse their dominant positions in these sectors," he says. "This agreement should be seen as another indication of ICASA`s commitment to promoting competitive markets in the broadcasting and telecommunications sectors."
Although the agreement will not affect any matters ICASA is currently dealing with, such as its legal challenge of Telkom`s tariffs, the Competition Commission could be unofficially asked for advice, he said.
The agreement also does not preclude the possibility of second-level telecoms businesses, such as value-added network services (VANS) providers, from challenging Telkom business practices before the Competition Commission. Lawyers have advised VANS, which believe Telkom to be undermining their sector, to consider the commission as a forum for their complaints.
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