Delay to new data rules worries Icasa

The Independent Communications Authority of SA (Icasa) has expressed concern about the delay of the implementation of end-user and subscriber service charter regulations, which would have made it possible for consumers to carry over their unused data.

Network operators have been under scrutiny for allegedly ripping off consumers when it comes to data expiry dates and out-of-bundle billing.

In terms of the Icasa regulations, all licensees will be required to send usage depletion notifications to consumers when their usage is at 50%, 80% and 100% depletion levels. The regulator said this would enable consumers to monitor their usage and control spending. Licensees will also be required to provide consumers with an option to transfer data to other users on the same network.

Operators will no longer be allowed to charge consumers out-of-bundle rates — without the specific prior consent of consumers — for data when their ascribed data has run out. Icasa said this would ensure consumers were not defaulted to out-of-bundle data charges, which were higher than in-bundle charges.

Icasa spokesman Paseka Maleka confirmed on Monday that implementation of the new rules, meant to come into effect on Friday, had been delayed pending a court hearing.

Cell C and the other industry players had approached Icasa requesting an extension of the date of implementation of the regulations.

Cell C had asked for six months’ extension to comply with the regulations. The regulator refused to grant the extension saying “granting such an extension would not be in the public interest”.

Cell C approached the High Court in Johannesburg on an urgent basis to postpone implementation of the regulations.

“Icasa has decided that it will defend the application by Cell C and to this end has resolved to postpone the effective date until the matter has been heard and pronounced upon by the court,” said Maleka.