ICASA, MTN, and Cell C settle court battle over new data rules

ICASA, Cell C, and MTN have settled their court fight over the implementation of the regulator’s new data rules.

“The terms of the settlement include the fact that the End-User and Subscriber Service Charter Regulations be implemented from 28 February 2019,” said ICASA.

This follows Cell C approaching 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.

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.

Court fight

This led to the court battle, which has now been resolved.

ICASA said it would serve no purpose to proceed with litigation on the matter, as the requested extension has effectively been granted.

“ICASA is pleased that there is now certainty on the effective date of the regulations. This is important as the regulations provide much needed relief to consumers,” said ICASA CEO Willington Ngwepe.

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ICASA, MTN, and Cell C settle court battle over new data rules