Supreme Court Act, 1959
R 385
Electronic Communications Act, 2005 (Act No. 36 of 2005)RegulationsMobile Broadband Services Regulations, 20217. Pro-Competitive Terms and Conditions |
The operators with SMP in the relevant markets identified in regulation 6, must in respect of those markets and on a quarterly basis, publish on their website non-confidential versions of the following accounts, records and other documents and provide the Authority with the confidential versions of the following accounts, records and other documents, subject to a request for confidentiality in terms of Section 4D of the ICASA Act.
[Regulation 7 paragraph substituted by section 2.1 of the Mobile Broadband Services Amendment Regulations, 2024, Notice No. 2617, GG50910, dated 5 July 2024]
Retail market
| (a) | A report and supporting data on effective retail prices1 paid by end user customers for data services overall, calculated by dividing total revenue for data with total volume of data used (in Gigabytes) over the quarter. |
| (b) | A report and supporting data on effective retail prices2 paid by end user customer category calculated by dividing total revenue for data with total volume of data used (in Gigabytes) over the quarter for each of the following categories: |
| (i) | By prepaid, hybrid and postpaid customer segments; |
| (ii) | By consumer and business customer segments; |
| (iii) | Data used between 5am and 12am midnight and data used from 12am midnight to 5am; and |
| (iv) | By province, and within provinces, and by urban and rural areas, as defined by the Authority. |
| (c) | Data revenue should exclude fixed-wireless data traffic, wholesale data traffic, mobile virtual network operator data traffic, and enterprise business traffic. |
| (d) | All retail tariffs available to customers over the quarter. |
| (e) | [Regulation 7(e) deleted by section 2.2 of the Mobile Broadband Services Amendment Regulations, 2024, Notice No. 2617, GG50910, dated 5 July 2024] |
| (f) | Furthermore, if any category of retail price is below any wholesale price the operator with SMP is required to submit an explanation for the differential and fully auditable evidence to the Authority, with all assumptions clearly specified, showing that this differential is cost based or temporary or is economically or technically justifiable on other grounds. |
| (g) | [Regulation 7(g) deleted by section 2.2 of the Mobile Broadband Services Amendment Regulations, 2024, Notice No. 2617, GG50910, dated 5 July 2024] |
Wholesale site infrastructure access market
| (h) | In relation to wholesale site infrastructure access where the licensee owns the site or controls access to it: |
| (i) | A list of sites approved for access within twenty (20) business days of the initial request during the previous quarter, together with the access seeker’s name, date of request, date of approval, and all charges, whether recurring or non-recurring, for access to the site; |
| (ii) | list of sites not approved for access within twenty (20) business days of the initial request during the previous quarter, together with the access seeker’s name, date of request, and reason for not approving it; |
| (iii) | A report on the previous quarter's site access requests summarising the information in regulations 7(h)(i) and 7(h)(ii) above, including a summary of time to approve the requests, a summary of reasons for not approving site access requests, and average effective charges for the sites shared; |
| (iv) | An updated list of all sites used by the SMP operator, and all charges for sharing any site infrastructure owned or controlled by the SMP operator; and |
| (v) | In respect of information provided per site, the licensee must also provide the operator's identification code for the site, its longitude and latitude, and Statistics South Africa census 2011 main place code, and site category including macro > 15m, macro <15m, rooftop, indoor (including distributed antennae systems). |
[Regulation 7(h)(iii) and (v) substituted by section 2.3 and 2.4 of the Mobile Broadband Services Amendment Regulations, 2024, Notice No. 2617, GG50910, dated 5 July 2024]
Wholesale roaming services market
| (i) | A report and supporting data on effective prices paid for wholesale roaming services by each roaming customer calculated by dividing the total roaming revenue and data roaming volumes, over the quarter split by: |
| (i) | Each roaming contract; and |
| (ii) | Any contractual price variations used (e.g., metro and non-metro). |
| (j) | A report and supporting data on wholesale national roaming data volumes used over the quarter by site, together with details of that site including at least the operator’s identification code for the site, longitude and latitude, and Statistics South Africa census 2011 main place code. |
_______________________________________
| 1 | The calculations on effective retail prices should be done excluding free and zero-rated data volumes. Free and zero-rated data volumes should be separately provided. |
| 2 | The calculations on effective retail prices should be done excluding free and zero-rated data volumes. Free and zero-rated data volumes should be separately provided. |
