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

Regulations

Numbering Plan Amendment Regulations, 2020

Reasons Document

10. Toll free number changes

 

10.1 Several respondents expressed concerns that the toll-free framework proposes a commercial model. Their argument is that any commercial model imposing an origination charge without following a Chapter 10 process of the ECA will be without justification. They commented that if the Authority implements the toll-free model in its current format, origination cost should be commercially negotiated and not imposed.

 

10.2 Some respondents submitted that a toll-free model that does not impose an origination charge is certainly doomed to failure. They proposed that the toll-free model adopted by the Authority should be implemented in parallel with the filing of amended interconnection agreements. In the case of a dispute, they recommend that this should not affect the provision of toll-free services.

 

10.3 All respondents to the proposal towards the development of a supporting implementation framework for Toll-Free services (080 numbering range) submitted that they have zero-rated wholesale termination fees for calls to 080 numbers. They further submitted that all calls to 080 numbers originating and terminating on the same network (on-net) are free to callers and that the receiving party pays.

 

10.4. 5 respondents submitted that they charge a standard retail rate for calls to 080 numbers terminating on other networks (off-net) despite the fact that wholesale termination fees have been zero-rated. Only 2 respondents submitted that all calls to 080 numbers are free to callers irrespective of the point of termination (on-net and off-net).

 

10.5 It is clear that the provision of toll-free services for on-net calls is line with the Authority’s intention. The provision of off-net calls is not aligned with the Authority’s intention and is for this fact that a framework was envisaged to guide the implementation for off-net calls.

 

10.6 The Authority’s adopted model was chosen from the 4 models submitted by respondents. The adopted model was preferred because it maintains the zero-rated wholesale termination fees and proposes a billing mechanism of a commercially negotiated origination rate which is fair and non-discriminatory. The Authority has no intention to introduce any price control mechanisms within the Numbering Plan Regulations.

 

10.7 Licensees are therefore urged to commence with commercial negotiations for the provision of toll-free immediately after the publication of the Regulations to ensure compliance with the prescribed 6 months period.

 

 


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