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Are we seeing a new ICASA?2007-05-23 ICASA has long been seen by many as an ineffective and toothless regulator, but recent developments may be an indication that the previously embattled regulator has turned the corner. At the Futurex Conference ICASA Chairman Paris Mashile said that the new Electronic Communications Act (ECA) allows for a more forceful ICASA. Mashile further said that there is no more ‘us against them’, and that all stakeholders, including ICASA, companies and consumers, should work together for a better telecoms space. This view may be perceived as idealistic considering the great effort that the larger operators like Telkom, MTN and Vodacom spend on protecting their market position and the large profits they and their shareholders grew accustomed to, but recently released documentation and hearings by the regulator suggests that things may be changing. There were various developments in the regulation space recently, including the release of a discussion document on end to end leased lines and other wholesale markets and hearings pertaining to wholesale call termination. Unlike previous ICASA documentation which often drew criticism from the telecoms fraternity, the latest releases were met with very positive feedback from many observers. Legal telecoms expert Dominic Cull, an associate at Niccifeguson Inc, said that the leased lines document “really is very good news - the quality and level of understanding exhibited in the document are excellent and a credit to ICASA”. This sentiment is shared by Dr. Angus Hay from Neotel, who stated that the latest documentation from ICASA is world class and that the regulator seems to have made great improvements recently. At the recent wholesale call termination hearings at their Sandton offices it further emerged that ICASA no longer seems scared by legal threats from larger companies like MTN. When MTN’s legal council questioned the legitimacy of the ICASA investigation, the hearings chairman Dr. Tracy Cohen was quick to challenge MTN on their claims and put the record straight. The rest of the council also looked well versed in the intricacies of the wholesale termination rate debate, and the questions raised were generally penetrative and well thought through. Under the new ECA, ICASA has far more power to take the big telecoms players on in order to have a more significant impact on the local telecoms space. This in turn may mean we will see a more positive and revived regulator that is better empowered to serve public interest and create a vibrant and competitive environment. Source: My Broadband |
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