CUASA NEWSLETTER


May, 2006
  Contents
  CUASA Number Portability Workshop

Do you have more questions than answers regarding number portability? Join us for an informative breakfast workshop regarding number portability for answers to the following questions:
  • What is Number Portability (NP) and why do users want it?
  • When will Mobile Number Portability (MNP) be introduced in South Africa?
  • Does anyone know what MNP will cost users?
  • How will users know when a number has been ported?
  • Is the Regulator (ICASA) able to effectively regulate and control the NP process and costs?
  • What components of MNP may have additional costs?
  • What are the implications of NP on Least Cost Routing (LCR)?
  • What are the implications of NP on Telephone Management Systems?
  • What are the challenges of MNP for users of bulk SMS?

The breakfast is free to all CUASA members and press delegates. All are welcome to attend although non-CUASA members will be charged a nominal entry fee of R150-00.

Please note speaker change: ICASA's Nadia Bulbulia has been replaced by International Telecommunications Consultant, Ewan Sutherland.

Guest speakers: Ewan Sutherland (International Telecommunications Consultant)
Ray Webber (CUASA)
Date: Wednesday, 24 May, 2006
Time: 7:30am for 8:00am - 10am
Venue: Verizon Business, Johannesburg (Old UUNet). For an online map, please click here.
Invitation: To open the official invitation, please click here.
RSVP: For online registration form, please click here.

 

"Compelling evidence" of over-charging at ICASA cellular 'court'

The Communications Users Association of South Africa (CUASA) called for a 25% reduction in the cost of mobile telephony at last week's ICASA Public Hearings on Mobile Charges, stating that there is compelling evidence of over-charging in the South African mobile industry.

 

Compared with SA, Morocco is bandwidth heaven

Morocco’s uncapped 4Mbps broadband offering is both substantially cheaper and faster than the best Telkom can muster – a comparatively pedestrian 1Mbps and “ridiculous” 3GB cap, according to international telecommunications consultant and former INTUG Executive Director, Ewan Sutherland.

  Industry information
New findings, judgments and announcements
New proceedings
Pending proceedings - submissions due
Pending Proceedings - outcome awaited
 

CUASA in the news

ITWeb - Online
CUASA welcomes Telkom's tariffs
Vodacom cuts could start chain reaction
VNOs could be competition catalyst

Business Day - Print and online
Icasa set to probe cellphone pricing to end high tariffs
Icasa urged to investigate ‘obscene’ cellphone bills

Moneyweb - Radio and online
Convergence bill to be tweaked
Ray Webber: Woordvoerder, Vereniging van Kommunikasie Verbruikers in Suid-Afrika (CUASA)

Carte Blanche - Television and online
Mobile Moola

   
  "Compelling evidence" of over-charging at ICASA cellular 'court'
 

The Communications Users Association of South Africa (CUASA) called for a 25% reduction in the cost of mobile telephony at last week's ICASA Public Hearings on Mobile Charges, stating that there is compelling evidence of over-charging in the South African mobile industry.

CUASA lodged a formal complaint to ICASA in May last year regarding aspects of mobile charges in South Africa. "We believe that the current high prices, when compared with most countries and markets, and the excessive profits being made by some mobile operators, are a clear indication of a lack of meaningful competition," says CUASA spokesman, Ray Webber. "We therefore believe that increased competition would be indicated by vigorous price reductions in the short term. Another indication of competition would be identified by a decrease in net profit margin of the mobile operators. By this stage, given that the mobile market is mature, the mobile operator's net profit margin for basic mobile services should be 'reasonable', with them earning their higher margin business in value added services," Webber continues.

At the hearing, CUASA's Webber, assisted by international telecommunications expert, Ewan Sutherland, pointed out that since lodging the complaint in 2005, very little has changed and that South Africans are still subject to high call costs for calls to and from mobile phones. In addition, CUASA is concerned that the introduction of the third mobile operator has had little effect on driving prices down.

Webber questioned how it is possible that, from a standard Telkom line, it is more expensive to call a South African mobile telephone in one's own back pocket than it is to call a landline located in a number of overseas countries, including Australia, Canada, France, Greece, Ireland, Sweden, Switzerland, United Kingdom and the USA. He also pointed out that it is more expensive to call one's own cellular telephone from a Telkom line than it is to call a mobile telephone in Canada, USA, Liechtenstein, Luxembourg and San Marino.

"If ever there was definitive proof that South Africans are being ripped off by the high cost of mobile telephony, then this is it," says Webber. "It is quite simply not possible that it's cheaper to call Bernie Ecclestone in the F1 pit lane at the San Marino Grand Prix, than it is to call your own cellular phone," he continues. "Various mobile operators have, and will continue, to try and defend their excessively high prices. However, it's our opinion that they will always fail to provide a convincing argument as to how such pricing anomalies can occur. Simply stating that they are not ripping us all off means very little if it is not backed up by some kind of logical argument and associated evidence," he says.
"If ever there was an opportunity for mobile operators to provide real evidence proving justified pricing then it would have been presented at ICASA's hearings. No real evidence was forthcoming and one can, therefore, only assume that mobile operators are fully aware of their own excessive tariffs and are unable to produce any meaningful evidence indicating fair pricing because it quite simply does not exist," he says.

Offering a solution to the high cost of mobile telephony in South Africa, CUASA called for a "dramatic and immediate" reduction in interconnect tariffs and the introduction of a low and balanced interconnect tariff for calls between all networks (fixed to mobile, mobile to fixed and mobile to mobile).

In conclusion, Webber stated that CUASA believes that there is compelling evidence of over-charging in the South African mobile industry and that ICASA can, and should, do something about the problem. In addition, CUASA believes that a 25% reduction in the cost of mobile telephony is achievable and should be ICASA's goal over the next 12 months.

To download an Adobe Acrobat file of CUASA's PowerPoint presentation at the hearings, please click here.

  Compared with SA, Morocco is bandwidth heaven
 

Morocco’s uncapped 4Mbps broadband offering is both substantially cheaper and faster than the best Telkom can muster – a comparatively pedestrian 1Mbps and "ridiculous" 3GB cap, according to international telecommunications consultant and former INTUG Executive Director, Ewan Sutherland.

Sutherland released his findings and the material for an African broadband presentation in Addis Ababa this month to the Communications Users Association of South Africa (CUASA). Morocco, the African country with an economy less than one third the size of South Africa’s GDP is the clear African broadband leader with a broadband offering roughly four times faster and 20% cheaper than Telkom’s top line offering. While only slightly more expensive than Telkom’s top service, Egypt’s uncapped 2Mbps broadband is twice as fast.

“While we find Mr Sutherland’s findings sad, the results of his investigation into African broadband is hardly surprising and South Africa’s poor performance was, unfortunately, expected,” says CUASA spokesman, Ray Webber. “Mr Sutherland may not have said it, but looking at the results of his findings, it is clear that Africa as a whole and South Africa in particular has failed to grasp the significance of the global information economy. If current trends continue we will simply fail to take advantage of valuable technological, educational and business opportunities available in an online environment,” says Webber.

“That said, one does need to take into consideration that various cellular network operators have introduced faster wireless data connections, although the cost of additional data transfer is still expensive. Also, rumours persist that there is big news on the South African broadband horizon, although exactly what, or when, new services will be made available remain a mystery,” says Webber.

It is highly unlikely that any new South African announcement regarding broadband is likely to even come close to being perceived as world class. Countries such as Japan have access to services offering 50Mbps downstream and 12.5Mbps upstream for Y4 500 (R240). Another Japanese service boasts a 100Mbps offering for Y6000 (R320).

Singapore, the island country which has pulled itself out of third world doldrums within the last 30 years has a 30Mbps broadband service costing SG$ 121.8 (R462) per month with six bundled television channels thrown in for good measure. Even so, Singapore's director-general for telecommunications, Leong Kheng Thai, is worried and is quoted by Sutherland as saying: “We are still holding our own, but if we don't step on the accelerator, we will be left behind. So the time is ripe for us to do the next upgrade.” Singapore is planning a Next Generation National Broadband Network that will be capable of ultra high speeds of 1Gbps or more, with initial provisioning of 100Mbps.

According to Sutherland, currently a “world-class” broadband service involves taking active steps towards the provision of fibre or similar high-speed networks capable of providing broadband at 1000Mbits and significant competition to ensure affordable pricing, diverse offerings and a range of complementary services. Countries with world-class broadband services introduce innovative devices, services and business models. They also have policies that encourage competition, have open licensed and unlicensed spectrums and encourage local loop unbundling. There also tends to be strong government-industry collaboration, targeted state aid and have strong content creation industries to support demand.

“The importance of competition in the provision of infrastructure cannot be underestimated,” says Sutherland. “For any country to succeed in the effective provision of widely available and affordable broadband it is critically important that there is regulated access to leased
lines and companies should have the right to build their own infrastructure. In South Africa’s case, there also has to be open access to the undersea cables,” he says.

“In short, Sutherland’s findings indicate that from a bandwidth perspective South Africa is failing miserably,” says CUASA’s Webber. “In a country where unemployment is rife you would think that somewhere, somehow, the penny would drop and all those involved - from policy-makers in government right though to telecommunications providers such as Telkom would realise that drastic action is needed to be taken regarding new technologies. One would think that constant calls from organisations such as CUASA and other industry players would have had some impact on policy involving deregulation and competition,” says Webber.

“In addition, some of Telkom’s ‘broadband’ offerings are so slow that they cannot even be classed as such in an international context while others are subject to a measly 2GB monthly data cap. When you add to that the very limited monthly data traffic which is packaged with most of the wireless offerings as well has the high cost of modems and other equipment one needs to run a broadband ‘service’ it’s small wonder that South Africa’s connectivity levels are so low,” Webber continues.

“The proof is in the broadband pudding and unfortunately it looks like a very small serving indeed. There is simply no way of knowing just how much South Africa’s failure to capitalise on new technologies and opportunities available through efficient broadband services is going to cost the country in the medium and long-term. It’s much more than a national embarrassment – the situation represents a complete failure to recognise economic opportunities and we are all likely to be paying for that mistake for years to come,” Webber concludes.

  Industry information
 

NEW FINDINGS, JUDGEMENTS AND ANNOUNCEMENTS

PRESIDENT
The President has signed the Electronic Communications Bill but it will not come into force until a date set at a later time and the Icasa Amendment Bill has been sent back to Parliament for amendment.

ICASA

  • Icasa has granted Primedia's amendment application in respect of Radio 702 to migrate to alternative frequencies and for an exemption in terms of section 49(1) of the IBA Act.
  • Icasa has announced that hearings will be held in respect of its investigation into mobile prices on the 18th and 19th May 2006.
  • Icasa has announced that it will be publishing another set of interconnection and facilities leasing guidelines for public comment sometime in June 2006.


NEW PROCEEDINGS

ICASA

  • Icasa has accepted an amendment application from Radio Technikon Northern Gauteng.
  • Icasa has accepted renewal applications from Radio Helderberg and Muslim Broadcasting Corporation in respect of their community radio licences.

PENDING PROCEEDINGS - REPRESENTATIONS DUE

MINISTER OF COMMUNICATIONS / ICASA
The Minister has invited applications for USALs for Limpopo (DC 47 Sekhukhune and DC 33 Mopani) and KwaZulu-Natal (DC 22 Umgugundlovu, DC 23 Uthekela, DC 24 Umzinyathi and DC 28 Uthungulu). Due date 26 April 2006.

ICASA

  • Icasa published draft regulations with regard to the functional specification for geographic number portability.
  • Icasa has issued an invitation to apply for commercial satellite and cable subscription broadcasting licences (to both those who currently have authority to operate and to new entrants). Due date for applications is 31 July 2006.
  • Icasa has invited persons to apply for low power sound broadcasting licences on the application form published by Icasa. No specific deadline has been set.

DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT
Most private bodies must comply with the Promotion of Access to Information Act requirement to compile an information manual by 31 December 2011.

PENDING PROCEEDINGS - OUTCOME AWAITED

PARLIAMENT
Icasa Amendment Bill.
Appointments to the Board of the Media Development and Diversity Agency.

MINISTER OF COMMUNICATIONS

  • Regulations regarding alternative dispute resolution in terms of the ECT Act.
  • Approval of the ICT Charter regarding BEE. A copy of the charter can be found at www.ictcharter.org.za.
  • Guidelines for Recognition of Industry Representative Bodies in terms of Chapter XI of the Electronic Communications and Transactions Act.
  • Approval of regulations regarding short-range radio devices.
  • Approval of regulations relating to an operator's entry, construction, maintenance, deviation or alteration of any telecommunication facilities and works upon any land.
  • Approval of regulations relating to the height of telecommunication wires and cables and telecommunication facilities, pipes, tunnels and tubes.
  • Approval of regulations on the manner of determining fees and charges for mobile cellular telecommunication services.

MINISTER OF COMMUNICATIONS/ICASA

  • Underserviced area licenses (second round).
  • GMPCS licenses.


ICASA

  • Findings in section 27 enquiry into the use of the frequency spectrum band 5725 - 5875 MHz for broadband fixed wireless access.
  • Findings in respect of the use of channel 65 for non-broadcasting services.
  • Finding in respect of section 27 enquiry into a satellite licensing framework.
  • Regulations for the provision of ADSL service.
  • Regulations in respect of the ordering system specification for mobile number portability.
  • Findings in respect of the Discussion Paper on the Review of Community Sound Policy.
  • Findings in section 27 enquiry reviewing mobile cellular telecommunication services prices.
  • Decision regarding Icasa's notice of intention to include any licensee with market share of at least 35% of a market, in the category of major operator in terms of the supplementary interconnection guidelines.
  • New interconnection and facilities leasing guidelines (regulations).
  • Licensing framework for public payphone services.
  • Radio regulations regarding new standards for telecommunications equipment.
  • Regulations / lists of standards that telecommunications equipment will have to abide by.
  • Regulations / telecommunications numbering plan.
  • Regulations with regard to telecommunications equipment approval.
  • Regulations with respect of personal locator beacons.
  • Regulations in respect of standards for analogue terminal line equipment.
  • Regulations regarding amateur radio.
  • Regulations for the resolution of complaints in terms of section 100 of the Telecommunications Act.
  • Decision in respect of section 27 inquiry regarding the transition to LRIC pricing for interconnection.
  • Supplementary interconnection guidelines in respect of provisioning charges and quality of service between PSTS operators.
  • Regulations regarding Local Television.
  • Decision regarding the right of a provider or user of a telecommunications service to utilise a telecommunications facility made available in terms of an international treaty.
  • Audit on Telkom's roll-out and service target obligations.
  • Regulations prescribing new telecommunication service license categories.
  • Regulations in respect of telecommunication services that may be applied for only pursuant to and in accordance with an invitation to apply issued by the Minister of Communications, namely local access telecommunication services.
  • Decision on whether to conduct a study on the need to share broadcasting frequency spectrum with telecommunication wireless local loop systems and link equipment, in the frequency band 790-854 MHz.

SOUTH AFRICAN LAW REFORM COMMISSION
Report on Privacy and Data Protection.


DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT
Ratification of the Council of Europe's Convention on Cyber crime (dealing computer-related fraud and forgery and infringement of copyright). An additional protocol regarding racist and xenophobic acts committed through computer systems has yet to be signed by South Africa.

   
  Disclaimer and copyright notice
Although every attempt is made to ensure that the information contained in newsletter is accurate, CUASA disclaims all liability for the accuracy and comprehensiveness of the information provided. It accepts no responsibility for any loss occasioned as a direct or indirect result of the use of or reliance on the information contained herein, which information in no way constitutes legal advice.

Some of the information provided in this newsletter is provided courtesy of Lisa Thornton Inc. The content of this newsletter is subject to copyright protection. Reproduction or distribution of the content, or any part of it, other than for educational purposes or personal use, is prohibited without prior written consent from CUASA and/or Lisa Thornton Inc.

Copyright © CUASA 2005. All rights reserved.


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