| (1) |
The Authority has determined that the following market failures continue to exist: |
| (a) |
A lack of provision of access. |
| (b) |
The potential for discrimination between licensees offering similar services. |
| (c) |
A lack of transparency. |
| (2) |
In order to address the market failures identified in subregulation (1) above, all licensees must charge fair and reasonable prices for wholesale voice call termination consistent with Annexure A. |
| (3) |
In addition to subregulation (2), the Authority has determined that additional pro-competitive terms and conditions are necessary to correct the market failures identified in subregulation (1), which are to be imposed on the following licensees: |
| (a) |
Licensees that benefitted from economies of scale and scope with a share of total minutes terminated in the wholesale voice call termination markets with more than 20% of total minutes terminated to a mobile location as at 31st December 2013. |
| (b) |
Licensees that benefitted from economies of scale and scope with a share of total minutes terminated in the wholesale voice call termination markets with more than 20% of total minutes terminated to a fixed location at 31st December 2013. |
| (4) |
The Authority has determined that the following licensees have the characteristics mentioned in subregulation (3): |
| (a) |
Mobile termination markets: |
| (ii) |
Vodacom Pty Ltd (Vodacom) |
| (b) |
Fixed termination markets: |
| (i) |
Telkom SA SOC Limited (Telkom) |
| (5) |
All licensees referred to in subregulation (4), must comply with the following additional pro-competitive terms and conditions: |
| (a) |
Publication of a Reference Interconnection Offer: |
| (i) |
Licensees identified in subregulation (4) must submit a RIO to the Authority for approval within forty-five (45) days of the promulgation of these Regulations. |
| (ii) |
The RIO must comply with the requirements set out in Annexure B.
|
| (iii) |
The Authority will assess a RIO submitted by a licensee within thirty (30) days of its submission. |
| (iv) |
Licensees identified in subregulation (4) are obliged to offer interconnection using IP-based protocols. |
| (v) |
Provided that all requirements in the RIO are met by both and interconnection seeker and provider, a request for interconnection based on the RIO must be concluded within thirty (30) days of such a request for interconnection unless otherwise agreed between the licensees. |
| (vi) |
A licensee identified in subregulation (4) must publish the approved version of its RIO on its website within five (5) days of receiving notice of approval from the Authority. |
| (b) |
Price Control: Cost-based pricing: |
For the period 01 October 2017 to 30 September 2018, a licensee identified in subregulation (4) must charge wholesale voice call termination rates to a mobile or fixed location as specified in Table 1:
Table 1: Termination Rates:
|
|
Termination to a mobile location
|
Termination to a fixed location
|
|
WON
|
BON
|
|
1 October 2017 to 30 September 2018
|
R0.13
|
R0.10
|
R0.10
|
[Regulation 7(5)(b) substituted by regulation 2 of Notice 729 of 2017]
Supreme Court Act, 1959
