CUASA NEWSLETTER
December, 2003
Telkom's puzzling pricing
 

Telkom’s proposed average tariff increase of 2.7% for 2004 may initially look reasonable – but puzzling claims and possible omissions from the monopoly’s proposed tariff adjustment could cost business and consumers millions next year, according to the Communications Users Association of South Africa (CUASA).

“Although CUASA has not received confirmation from Telkom on their proposed tariff increases, we assume that a statement released to SENS is official enough to serve as the basis for informed comment. We are seeking clarity on various discrepancies associated with the proposed tariffs – as it appears that Telkom’s increases could be around 1.8% higher than they should be,” says CUASA’s Ray Webber.

According to the SENS release, Telkom has filed its 2004 tariff adjustments with ICASA in accordance with the Telecommunications Act. Current regulations impose a price cap on a basket of services of 1.5% below inflation – based on the year’s movement in the Consumer Price Index measured at 30 September in the year preceding the increase.

In the SENS statement, Telkom claims that it is allowable for the monopoly to carry rate benefits that were not used in the previous year forward. The statement reads: “In the 2003 annual tariff increases, Telkom did not utilise the full allowable rate benefits. The amount carried over to the 2004 tariff increases will have a 0.5% impact on the allowable increase in tariffs.”

“This claim made in the SENS statement appears to deviate significantly from our recollection of events surrounding the monopoly’s previous bout of rate hikes,” says Webber. “Telkom’s increases for 2003 were surely made at the maximum to which they were allowed in terms of the Act. Where they find an extra half percent based on a previous period is a mystery to us.

“Yes, we accept that based on an incorrect CPI figure of 12.5% in September, 2002, Telkom could, in theory, claim an increase of 11% in their tariffs for 2003. However, CUASA, other organisations and individuals were instrumental in bringing irregularities in the 2002 rates hike to the attention of ICASA. At the time, we conducted our own investigation into actual rate increases based on a large services company. We found that that actual cost increases deviated substantially from what Telkom claimed they would be,” says Webber.

“ICASA provisionally approved Telkom’s 2002 rates hike at the time, pending their own investigation into the matter. ICASA later decided that the monopoly should forfeit R320-million in terms of these discrepancies. According to media reports at the time, Telkom stated that the R320-million equated to 1.5%, which they decided to forfeit in one financial year (2003). Therefore, Telkom did not increase their rates by 11% in 2003, but rather by 9.5%. We feel that this did not leave a surplus of 0.5% to further add to their already high fees,” he says.

By our calculations, with a September 2003 CPI figure of 3.7%, Telkom’s increases should not be greater than 2.2%,” says Webber.

“Furthermore, Telkom’s rate increases in 2003 were based on CPI figures which were later corrected by Statistics South Africa. At the time, it was reported in various media that Telkom’s increases were based on a CPI index of 12.5%. It would appear that the official CPI index for the same period at Statistics South Africa has now been adjusted to 11.2%.”

"We do not know if Telkom is required by the Act or Regulations to adjust their figures in accordance with CPI corrections, but they surely have an obligation to their clients to ensure a fair rate for their services,” says Webber. “We have no doubt that Telkom would have incorporated corrections, had Stats SA made any mistakes which resulted in CPI last year having been calculated to be lower than is should have been. By this argument, Telkom’s proposed rate increases for 2004 are a further 1.3% off the mark,” he says.

“Taking all these factors into consideration, it would appear that Telkom’s rate increases for 2004 are significantly higher than we believe they should be. In the first instance, the increase should not exceed 2.2% based on the Act. Then secondly, if we take away the CPI mistake percentage of 1.3, this should bring Telkom's maximum allowable percentage increase to 0.9%, as it appears to us that Telkom has been reaping the benefits of a statistical error for almost a year,” says Webber.

“Much more investigation and clarity is needed to find out exactly how Telkom arrives at their proposed 2.7% increase. However, based on past experience, we suspect that Telkom may, yet again, be pushing up their prices at the expense of consumers, business and South Africa as a whole,” he says.

 

New technologies make telecomms restrictions redundant?
New wireless networking and Voice over IP (VoIP) technologies are seriously challenging restrictive South African communications legislation, possibly calling whole sections of the Telecommunications Act and associated regulations into question, says spokesman for the Communications Users Association of South Africa, Ray Webber.

Cellular LCR – What it really means to users
The widely publicised recent legal victory by Cellular Least Cost Routing (LCR) suppliers means that companies can now officially use ”Premicell” type devices to carry their fixed to mobile calls.

New findings, judgements and announcements
New proceedings
Pending proceedings - submissions due
Pending Proceedings - outcome awaited
 
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