The legal challenge against ICASA’s data expiry and out-of-bundle billing regulations will be heard on 15-16 November 2018.
This date was set by agreement between the parties involved, Cell C told MyBroadband.
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.
Currently, everyone involved in the case is still exchanging documents in preparation for the hearing in November.
Updated End-User and Subscriber Services Charter
Under ICASA’s new regulations, all Internet service providers – including mobile networks – are 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 for 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.
ICASA declined to grant the extension, stating 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 that they are not looking to have the regulations scrapped, and are both committed to complying with the regulations.