DStv channel unbundling notice dismissed

The Internet Service Providers’ Association (ISPA) has welcomed a recent ruling by the National Consumer Tribunal which has cancelled a compliance notice served to MultiChoice by the National Consumer Commission (NCC) under the Consumer Protection Act.
Among other things, the NCC said that MultiChoice needed to offer channels individually and not only in the current set of bouquets.
“The ruling by the National Consumer Tribunal demonstrates that proper compliance with the Act is being enforced,” said Jaap Scholten ISPA Co-Chairperson. “ISPA commends the Tribunal for its rulings, and urges the Internet service provider industry to take note.”
In this case, the Commission served a compliance notice for various alleged infringements of the Act on MultiChoice, an entity licensed and governed by the Independent Communications Authority of South Africa (ICASA).
ISPA said that section 100(2) of the Act states that the Commission must consult with ICASA before serving a compliance notice on an entity regulated by ICASA.
The Tribunal found that the Commission did not properly consult with ICASA before it issued the compliance notice and therefore ruled the compliance notices invalid.
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