Important information about cell phone contracts

[vodacom3g]

apologies - blame OR Tambo for my mental dyslexia

with reference to http://www.itweb.co.za/sections/telecoms/2008/0808141040.asp?O=FPTOP&S=Cellular&A=CEL
&
http://mybroadband.co.za/news/Telecoms/4820.html

On Feb 28th ICASA published final Subscriber and Service Charter Regulations. These are essentially intended as consumer protection regulations committing service providers to levels of service, complaints resolution mechanisms and the like. Vodacom and some others didn't like them so wrote to ICASA (as "the concerned telcos group" (sic)) and persuaded ICASA to withdraw them. They have now disappeared....six months later they are apparently still being reviewed.

Seems like this is happening again with the handset regulations. Bit of pressure because "we were not consulted" and the SA consumer gets set back six more months.

Yuck.

Dom, my understanding is that there was a process followed with the handset regulations and was indeed finalised and accepted by all parties. But when the regulations were published they contained a number of regulations that were not part of the original discussions, nor were some of them related to the subject matter.

When this was (with some frequency) brought under the attention of the relevant authorities little happened and with the implementation date days away, left little choice to get formal extension to first go through the proper process.

 

[dominic]

evening

it is an unbelievably frustrating time and i have no issue that the primary reason for that is that ICASA is getting it spectacularly wrong. it is my _personal_ view however that the major licensees are happily aggregating additional rights to themselves while throwing up a raft of impediments to any additional obligations. being very much involved in this i get the sense that it is not so much a case of being given an opportunity to make representations as opposed to a need to be consulted around every detail and bending the regulator's rubber arm if you do not get your way or don't like the results. nothing new there i guess, telkom has been doing it for ages, but the industry does seem to be absolutely filthy at the moment.

so the above is harsh on VC but i do not see MTN or Cell C taking drsatic action of this nature..at the heart of it i actually quite like these regs for the most part and they deal with what i regard as being a particularly cynical marketing misrepresentation. my view was that they could potentially have been the most constructive consumerist intervention ICASA has ever managed

there is also a real danger that any regulation becomes fair game for this kind of intervention. icasa publishes for public comment and then receives submissions and has public hearings. as a result of this process the draft is changed and perhaps some things are added and others taken away. now does ICASA have to once again publish for comment? if there are substantial and material deviations from the draft then this would have to be considered. But for the most part it is ICASA that has the authority and discretion to finalise regulations. In other words if consultation has to be "absolute" rather than "substantial" we may never get anything done.

bleh

 

[dominic]

the regulator's version

ICASA postpones the implementation date of the handset subsidy regulation
14 August 2008
JOHANNESBURG – The Independent Communications Authority of South Africa (ICASA)
hereby announces the postponement of the implementation date of the handset subsidy
regulation. The regulations were supposed to come into effect on Sunday, 17 August
2008 but will now be implemented on 01 February 2009.

The reason for the postponement is due to Vodacom having instituted a legal review
process of the handset subsidy regulation. ICASA will not blink in its mandate of promoting and protecting the interests of vulnerable consumers.

Operators should in the meantime be gearing their systems for implementation by 01 February 2009.

 

[Debbie]

So iCASA say they have withdrawn the regulations because of Vodacom's legal action.
While Vodacom say they have withdrawn the court application.
But iCASA say they have no knowledge of Vodacom having withdrawn the court action.

Fun.

 

[GreenPunkt [clone of Skeptik]]

Because it looks like they have idiotically ill-defined "handset". The definition they use extends beyond cellular phones to a bunch of other things, such as laptop deals with hsdpa and even iburst. The effect is that these regulations apply to a lot more than just cellular phones and cellular contracts.

dominic??

The laptops were being advertised in the same space as cellphones and contracts. A cellular contract is a cellular contract, whether for modem (built in to a laptop - hardly bargains anyway) so they were treated the same way. The Networks (Vodacom mostly) are whingeing because they didn't have time to implement the new rules. They would lose profits as well, but couldn't use that as an axcuse could they , not because of any unfairness.

 

[Juice]

So, uhm, any news on interconnection fees??

 

[dominic]

the bottom line burning question - not a peep