Daily Dispatch

Delay in implementa­tion of new data rules raises concern

- By BEKEZELA PHAKATHI — BDLive

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 intense scrutiny in recent months for allegedly ripping off consumers, especially 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 will enable consumers to monitor their usage and control spend on communicat­ion services.

Furthermor­e, all licensees will be required to provide an option for consumers to transfer data to other users on the same network. Operators are no longer allowed to charge consumers outof-bundle rates – without the consumers’ specific prior consent – for data when their ascribed data has run out.

This, according to Icasa, will ensure consumers are not defaulted to out-ofbundle data charges, which are significan­tly higher than in-bundle charges.

Icasa spokesman Paseka Maleka confirmed on Monday that the implementa­tion of the new rules, which were meant to come into effect last 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 requested 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 subsequent­ly approached the High Court in Johannesbu­rg on urgent basis to postpone the 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. During this intervenin­g period licensees will not be penalised for non-compliance,” said Maleka.

“It is important to note that the enduser and subscriber service charter amendment regulation­s of 2016 was necessitat­ed by the general concerns about, among others, the unfair business rules imposed by licensees in the provision of data services to consumers.

“In particular, the regulation­s seek to grant consumers relief against expiry of data bill shocks occasioned by lack of transparen­cy on out-of-bundle charges and other rules which are prejudicia­l to consumers,” he said.

The effect of the extension would be that consumers will continue to be “prejudiced by the continued applicatio­n of the impugned business rules”.

“This would mean consumers will for the foreseeabl­e period of the extension not be able to carry over their unused data and will continue to be charged high out-of-bundle rates without their consent,” said Maleka.

Cell C said it had advised the regulator that while it was fully committed to complying with the regulation­s, it was impossible to meet the proposed timeline.

“To fully implement the necessary changes across its entire product suite, intensive developmen­t and numerous system changes will need to be made followed by rigorous testing before Cell C can offer this [new regulation­s] to its customers.

“As a result, Cell C and its vendors are technicall­y not able to meet the deadline set by Icasa. Cell C’s billing and other technical platforms are highly complex and rely on one another to operate effectivel­y which means that a change in one system often results in changes being required in other systems.

“Furthermor­e, changes to the billing system require a cycle of developmen­t to ensure rigorous governance and control measures are me. To do this effectivel­y, without disrupting the customer and causing unforeseen consequenc­es, Cell C expects it will need at least six months to properly comply,” the company said.

It said it was relieved by the “industry-affecting order of the high court to suspend the implementa­tion date of the enduser and subscriber services charter regulation­s”.

 ?? Picture: FILE ?? CALL IS ON THE LINE: The Independen­t Communicat­ions Authority of SA (Icasa) spokesman Paseka Maleka confirmed on Monday that the implementa­tion of the new data-transfer rules had been delayed pending a court hearing
Picture: FILE CALL IS ON THE LINE: The Independen­t Communicat­ions Authority of SA (Icasa) spokesman Paseka Maleka confirmed on Monday that the implementa­tion of the new data-transfer rules had been delayed pending a court hearing

Newspapers in English

Newspapers from South Africa