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

Regulations

Reasons Document to the Amendment of the Call Termination Regulations, 2014

3. The Review of the 2014 Regulations and an Outline of the Process followed

 

3.1 As indicated above, the Authority undertook a review of the 2014 Call Termination Regulations in line with regulation 8 of the 2014 Call Termination Regulations, read with section 4(7)(b) and 67(8)(a) of the ECA.

 

3.2 Section 4(7) of the ECA states:

"The provisions of subsection (4) do not apply with regard to—

(a) any regulation made by the Authority which, after the provisions of that subsection have been complied with, has been amended after receipt of comments or representations received in terms of a notice issued under that subsection; or
(b) any regulation which the public interest requires should be made without delay."

 

3.3 Section 67(8)(a) of the ECA states that:

"Where the Authority undertakes a review of the pro- competitive conditions imposed upon one or more licensees under this subsection, the Authority must—

(i) review the market determinations made on the basis of earlier analysis; and
(ii) decide whether to modify the pro-competitive conditions set by reference to a market determination..."

 

3.4 The review of the 2014 Call Termination Regulations pro-competitive process commenced on 30 January 2017, with the publication of a media release and a questionnaire on the Authority's website and the Government Gazette4.

 

3.5 The process was finalised in September 2017 with the publication of the Findings Document5 on the review of the 2014 pro-competitive remedies ("Findings Document"), and the 12-month extension of the call termination rate glide path from 1 October 2017 to 30 September 2018.

 

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4 Published on 8 February 2017 in the Government Gazette (Notice No. 103 of 40603).
5 Published on 22 September 2017 in the Government Gazette (Notice No 729 of 41132).