The Independent Communications Authority of South Africa (Icasa) has published further draft amendments to its 2016 End-user and Subscriber Service Charter (EUSSC) Regulations for comment.
Stakeholders have until April 15 to provide input into the proposed amendments, which aim to improve and strengthen consumer protection provisions within the charter, while “striking a careful balance” between the interests of consumers and the need for a dynamic and effective market for bundles of voice, SMS, data and over-the-top (OTT) services.
The draft amendments propose to treat all service bundles that customers may purchase in the same way, such as voice, SMS or data, and social media and OTT bundles; provide staggered provisions for the automatic partial rollover of unused portions of service bundles of 7 days or longer; provide certainty as to the full duration of very short bundles; and protect the right of consumers to transfer bundles or bundle portions between SIM cards on the same network.
“The proposed amendments are necessitated by numerous ongoing concerns raised by various stakeholders, including consumer groups, regarding the expiry rules for service bundles, high out-of-bundle rates and rules and lack of clarity with regards to rollover and transfer provisions for voice, SMS, data and other types of bundles purchased by customers,” explains committee chairperson councillor Charley Lewis.
The submissions, received from multiple stakeholders in 2022 regarding the initial draft amendments of the EUSSC Regulations, suggested that certain proposed changes could result in reduced consumer choices, increased prices and impede competition within the short-term bundle market.
As a result, the authority elected to defer the amendment of Regulations 8A and 8B to undertake further consultations to ensure an appropriate balance between the interests of consumers and the functioning of the dynamic market in this space and published the relevant revised draft amendment regulations for public consultation and stakeholder input.
“We believe that the new draft amendments to these sections of End-user and Subscriber Service Charter Regulations will now strike the appropriate regulatory balance,” Lewis says.
“The vibrant market for low-denomination, short-term bundles will be allowed to flourish. But, on the other hand, consumers of longer-duration, larger-denomination bundles will not be unduly disadvantaged given the firm, clear guidelines we are proposing for the roll-over or transfer of portions of what they have purchased in good faith.”