I disagree:
[1]Price fixing by a regulatory body is a bad thing so having call termination rates which are regulated by fiat is a bad place to start. However we have had the termination rates fixed since the inception of telecommunications in South Africa and any plea from the BAUT really is tantamount to a prison gang complaining about the warders regulating the trade of cigarettes in the prison - they aren't wanting a free market what they want is to be the gang of thugs.
[2]All that asymmetry has to dictate is the costs structure of wholesale access to a voice network. The underlying network infrastructure (particularly the facilities that make up the network) and the retail operations (the price paid by consumers) are both structurally different to the charges by one service provider on another to terminate calls. Multiple service providers can use the same network infrastructure.
If there is a benefit enjoyed by a service provider having a smaller market share over providers having a large market share that comparative advantage leads to service provider firms springing up and you have a growth of VMNO. Both MTN and Vodacom have adopted a retail structure which works on holding high market shares, this was a decision taken and it can be transformed without causing any harm to the underlying network operations or investment - look at the TM-MTN deal ...
[3] The CTR regulations don't represent a new tax because nothing in the regulations coerces the payment beyond what the operators have already agreed to in their licence applications (speaking of which, Telkom very responsively answered a query on the anomaly of ICASAs published license list whilst Vodacom have not and of course I would like to glean over the licence documentation and imagine that same could be relevant in court and the Neotel transaction ...) particularly on the obligation to interconnect on a commercial basis which the CTR regulations are built around. Moreover tax funds Broadbank Infraco so Telkom has a greater cause for complaint and the only reason (following in 2) why the operators have an asymmetry disadvantage is because they did not adopt a policy of a diversified retail sector. I am not aware of Vodacom fighting about paying tax in principle although I do know MTN has recently had defeats in the SCA.
[3] MTN in particular, but I am sure I can find evidence of Vodacom advancing the same contention particularly with the unbundling from Telkom, have insisted that the regulator compel Telkom to be split between a wholesale and retail component. What is good for the goose is good for the gander ...
Of course I don't see the need for rigid splitting at all in any of the players but the recognition of proper costings structures and layered components of networks on which services run is a good thing.
The sooner one of the major player's management (or their management consultants) wake up and understand the real issues and stop having a grade 1 barney on the playground the sooner one of about a dozen solutions can be implemented. Having read the notice in the government gazette I think Currie has put the MNOs on the ropes:
"... to make regulations without prior notice if the public interest requires that the should be made without delay"
that the MNOs failed to deliver costing information and were belligerent on price determination to the scope of launching legal proceedings and are demonstrably acting against the public interest in a brawl with each other really does fit squarely to the public interest without delay standard.
Ultimately however the principal-agent problem is built into the remuneration and ego problem that seems to pervade. This little tiff is bad for the long term value of the companies but declaring super profits serves the companies' leadership. A free market would have prevented a failure in the first place but it is high time we hold VC and MTN accountable for their representations and actions.
More importantly lets assume that CellC is going to be killed off if there is no asymmetry and that is what motivates the opposition to a asymmetry, enterprises conspiring to kill a competitor is pretty much illegal in this country and penalties from the competition authorities would follow in the ordinary course, and ICASA can well push a competition review in the market. It would be better for the shareholders of all players to get some finality and certainty rather than having a dragged out process that the accountants should be making contingency for. Also Vodacom cannot expect a smooth acquisition of Neotel (and the precious spectrum) if they persist in demonstrating themselves adverse to competition in the market.
The change in MTRs is not going to automatically translate into lower retail costs to consumers but greater competition in the market is tothe benefit of the consumer and the main reason the CTR regulations are needed by CellC is because they've already built in lower pricing to grow market share - based on the reasonable expectations created by government activity.
But lets face it Vodacom hasn't even properly sorted out the OOBShark (and there are standing offers on this forum on sorting it out) so we shouldn't have any real hopes that their engineers will be able to get management to stop cocking up
I see a few, more sensible, people above picked up this is not about lowering MTRs. As posted, Vodacom even suggested to drop MTRs immediately.
Rather, it's about the asymmetry which is nothing but a tax from MTN/VC to Cell C.
Make no mistake, this is not about the consumer getting better pricing, it's about the very survival of Cell C. I implore you to listen and read the Cell C ads on this issue. And re-read their press statements. Even though the message implies reduced rates, the actual wording clearly states that reduced MTR will not necessarily result in lower rates. Cell C needs this money just to stay afloat. And they're not getting it from their shareholders. Ever wondered why?