Supreme Court Act, 1959
R 385
Electronic Communications Act, 2005 (Act No. 36 of 2005)RegulationsNumbering Plan Amendment Regulations, 2020Reasons Document10. Toll free number changes |
| 10.1 | Several respondents expressed concerns that the toll-free framework proposes a commercial model. Their argument is that any commercial model imposing an origination charge without following a Chapter 10 process of the ECA will be without justification. They commented that if the Authority implements the toll-free model in its current format, origination cost should be commercially negotiated and not imposed. |
| 10.2 | Some respondents submitted that a toll-free model that does not impose an origination charge is certainly doomed to failure. They proposed that the toll-free model adopted by the Authority should be implemented in parallel with the filing of amended interconnection agreements. In the case of a dispute, they recommend that this should not affect the provision of toll-free services. |
| 10.3 | All respondents to the proposal towards the development of a supporting implementation framework for Toll-Free services (080 numbering range) submitted that they have zero-rated wholesale termination fees for calls to 080 numbers. They further submitted that all calls to 080 numbers originating and terminating on the same network (on-net) are free to callers and that the receiving party pays. |
| 10.4. | 5 respondents submitted that they charge a standard retail rate for calls to 080 numbers terminating on other networks (off-net) despite the fact that wholesale termination fees have been zero-rated. Only 2 respondents submitted that all calls to 080 numbers are free to callers irrespective of the point of termination (on-net and off-net). |
| 10.5 | It is clear that the provision of toll-free services for on-net calls is line with the Authority’s intention. The provision of off-net calls is not aligned with the Authority’s intention and is for this fact that a framework was envisaged to guide the implementation for off-net calls. |
| 10.6 | The Authority’s adopted model was chosen from the 4 models submitted by respondents. The adopted model was preferred because it maintains the zero-rated wholesale termination fees and proposes a billing mechanism of a commercially negotiated origination rate which is fair and non-discriminatory. The Authority has no intention to introduce any price control mechanisms within the Numbering Plan Regulations. |
| 10.7 | Licensees are therefore urged to commence with commercial negotiations for the provision of toll-free immediately after the publication of the Regulations to ensure compliance with the prescribed 6 months period. |
