ICASA getting ready to fight out-of-bundle billing court challenge

ICASA is preparing its answering affidavit for the urgent interdict against its data expiry and out-of-bundle billing regulations, brought against it by Cell C.

Cell C approached the High Court in Johannesburg on 7 June 2018 to interdict ICASA from enforcing its amended End-User and Subscriber Services Charter.

MTN also filed an affidavit in support of Cell C’s application, and it is this affidavit that ICASA is preparing its response to, the regulator told MyBroadband.

Under ICASA’s new regulations, all Internet service providers – including mobile networks – would be prohibited from charging subscribers for out-of-bundle usage without consent.

They also require networks to offer the ability to roll over unused data, and allow the transfer of data to another subscriber on the same network.

Cell C, MTN, Telkom, and Vodacom requested an extension for the implementation deadline of the new rules, as they said they needed more time to make the necessary technical changes.

Deadline

ICASA declined to grant the extension, however, stating that it was not in the public’s interest to do so.

This caused Cell C to approach the court, requesting a six-month extension for all operators.

As an alternative option to a straight-forward extension, Cell C asked the court to direct ICASA to engage with service providers within 30 days of the court order.

It must then determine a reasonable period within which to comply with the obligations in its amended End User and Subscriber Services Charter.

MTN and Cell C emphasised they are not looking to have the regulations scrapped, and they are both committed to complying with the regulations.

No date for the new hearing has been set.

ICASA said that once it has filed its answering affidavit, it can approach the court to determine a date for the matter to be heard.

Now read: ICASA’s big plans for data prices in South Africa

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ICASA getting ready to fight out-of-bundle billing court challenge