The Independent Communications Authority of South Africa (ICASA) has finalised its draft local loop unbundling (LLU) regulations. The publishing of these regulations are delayed because the Department of Communications (DOC) first wants to study them.
In June 2013 ICASA released a set of deadlines for LLU, which included the publication of draft regulations for public comment by 16 July 2013.
This did not happen. ICASA explained that “the conclusion of the drafting of these regulations is taking longer than anticipated”, and indicated that it will inform all stakeholders about the future publication date for these regulations.
Many people blame ICASA for the continued delay in publishing the draft LLU regulations, but this blame is misdirected.
ICASA has confirmed that it has finalised the draft LLU regulations, but the publication of these regulations are delayed by ministerial requirements.
The minister hence needed to be briefed on what ICASA is doing and are planning, which included the regulator’s plans on local loop unbundling.
Maleka said that ICASA is waiting for the full engagement with the minister on all regulatory matters before it will publish its draft LLU regulations. This may include giving the minister a chance to study the new draft LLU regulations.
The Department of Communications was asked for comment on the draft LLU regulations and the subsequent delay, but no feedback was received by the time of publication.