Electronic Communications Act, 2005 (Act No. 36 of 2005)RegulationsCall Termination Regulations, 20147. Pro-competitive terms and conditions |
| (1) | The Authority has determined that the following market failures may recur in the absence of regulation: |
| (a) | A lack of provision of access; |
| (b) | The potential for discrimination between licensees offering similar services; |
| (c) | A lack of transparency; and |
| (d) | Inefficient pricing. |
| (2) | In order to address the market failures identified in sub-regulation (1) above, an ECNS and ECS licensee must charge fair and reasonable prices for wholesale voice call termination consistent with Annexure A. |
| (3) | In addition to sub -regulation (2), the Authority has determined that additional pro-competitive terms and conditions are necessary to correct the market failures identified in sub -regulation (1), which are to be imposed on the following types of licensees: |
| (a) | A licensee that benefits from economies of scale and scope with a share of total minutes terminated in the wholesale voice call termination markets with more than 20% (twenty percent) of total minutes terminated to a mobile location as of 31st December 2023. |
| (b) | A licensee that benefited from economies of scale and scope with a share of total minutes terminated in the wholesale voice call termination markets with more than 20% (twenty percent) of total minutes terminated to a fixed location as at 31St December 2023. |
| (4) | The Authority has determined that the following licensees have the characteristics mentioned in sub -regulation (3): |
| (a) | Mobile termination markets: |
| (i) | MTN (Pty) Ltd ("MTN"); and |
| (ii) | Vodacom (Pty) Ltd ("Vodacom"). |
| (b) | Fixed termination markets: |
| (i) | Telkom SA SOC Limited ("Telkom"). |
| (5) | All licensees referred to in sub -regulation (4), must comply with the following additional pro- competitive terms and conditions: |
| (a) | Publication of a Reference Interconnection Offer ("RIO"): |
| (i) | Licensees identified in sub -regulation (4) must submit a RIO to the Authority for approval within 45 (forty -five) days from the date of commencement of these Regulations. |
| (ii) | The RIO must comply with the requirements set out in Annexure B below. |
| (iii) | The Authority will assess a RIO submitted by a licensee within 30 (thirty) days of its submission. |
| (iv) | Licensees identified in sub -regulation (4) are obliged to offer interconnection using IP -based protocols. |
| (v) | Provided that all requirements in the RIO are met by both an interconnection seeker and provider, a request for interconnection based on the RIO must be concluded within thirty 30 (thirty) days of such a request for interconnection, unless otherwise agreed between the licensees. |
| (vi) | A licensee identified in sub -regulation (4) must publish the approved version of its RIO on its website within 5 (five) days of receiving notice of approval from the Authority. |
| (b) | Price Control: Cost-based pricing: |
| (i) | A licensee identified in sub-regulation (4) must charge wholesale voice call termination rates to a mobile or fixed location as specified in Table 1. |
Table 1: Termination Rates:
Maximum call termination rate for Large Operators |
Termination rate to a mobile location |
Termination rate to a fixed location |
1 July 2025 |
R0.07 |
R0.05 |
1 July 2026 |
R0.05 |
R0.04 |
1 July 2027 |
R0.04 |
R0.01 |
Table2: Termination Rates for New Entrants:
Maximum call termination rate for Large Operators |
Termination rate to a mobile location |
Termination rate to a fixed location |
1 July 2025 |
R0.09 |
R0.06 |
1 July 2026 |
R0.07 |
R0.05 |
1 July 2027 |
R0.05 |
R0.02 |
| (6) | New entrants will qualify for asymmetry for a limited period of 3 (three) years after entry into the market. |
[Regulation 7 substituted by regulation 3 of Notice R5646, GG51718, dated 9 December 2024 - effective 1 July 2025]