Electronic Communications Act, 2005 (Act No. 36 of 2005)

Regulations

Purchase

(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]