{"id":549920,"date":"2006-08-22T09:36:17","date_gmt":"2006-08-22T09:36:17","guid":{"rendered":"http:\/\/localhost:8888\/wordpress\/technology\/549920-when-will-we-see-adsl-changes.html"},"modified":"2006-08-22T09:36:17","modified_gmt":"2006-08-22T09:36:17","slug":"when-will-we-see-adsl-changes","status":"publish","type":"post","link":"https:\/\/mybroadband.co.za\/news\/technology\/549920-when-will-we-see-adsl-changes.html","title":{"rendered":"When will we see ADSL changes?"},"content":{"rendered":"

The ADSL regulations came into effect when they were published in the Government Gazette No. 29141 on the 17th of August 2006. This means that the regulations are now \u2018law\u2019, and that Telkom, the SNO and ISPs should immediately adhere to the stipulations.<\/font> <\/p>\n

In practice it means that the changes must take place within a reasonable time depending on what is being implemented. Capping, for example, can be seen as something that should be implemented immediately since it is possible. <\/font><\/p>\n

ICASA<\/a> is likely to respond to non-compliance by trying to reach an agreement with the provider about what time is reasonable. Consumers or consumer organisations can demand a time frame from licensee\u2019s, and if one is not given, or it is unreasonable, or not adhered to, then consumers can lodge a complaint with ICASA.<\/font> <\/p>\n

Using court action to delay the implementation of regulations is no longer as easy as it was before. <\/font><\/p>\n

A disgruntled party can approach a court to review the regulations. The regulations will remain in force while they are being reviewed unless the court also grants an order suspending the operation of the regulations while they are being reviewed.<\/font> <\/p>\n

In the opinion of Andrew Rens, a communications attorney, a court should not suspend the obligation of any licensee to comply with a regulation, decision or direction by ICASA unless there are very strong reasons to suspend that obligation. <\/font><\/p>\n

\u201cWhile a court might review an action by ICASA it should not suspend the effect of that action while the review is pending. The EC Act and the ICASA Act as amended, must both be read in light of the constitutional requirement of separation of powers and the independence of regulator,\u201d Rens said. <\/font><\/p>\n

\u201cWhile the High Court does retain its jurisdiction to interfere with decisions by ICASA it should do so only in a way which upholds the role given to ICASA as an independent sector specific regulator, which means that it should not suspend the effect of ICASA\u2019s acts while reviewing them unless a party\u2019s right will be vitiated by the acts,\u201d Rens continued.<\/font> <\/p>\n

In the case of non-compliance \u2013 the failure to implement the regulatory requirements \u2013 ICASA can act within the provisions of the ECA. ICASA further said that criminal proceedings against a company failing to adhere to the new regulations can be initiated.<\/font> <\/p>\n

ICASA relies on consumers to inform them about any non-compliance. A person can lodge a complaint to the Complaints and Compliance Committee in terms of Section 17B and C of the ICASA Act as amended.<\/font> <\/p>\n

Telkom<\/a> stated that it will \u2018endeavour to conduct its business within the regulatory framework\u2019, but details about their plans are not public.<\/font> <\/p>\n

There is a great deal of uncertainty amoung ISP\u2019s regarding the regulations, and all eyes seem to be on Telkom to see how they respond first.<\/font> <\/p>\n

— Andrew Rens is an attorney at Garratt Inc. and a researcher at the LINK Center at Wits.<\/font> <\/p>\n

Discuss this article<\/font> <\/a><\/p>\n

\n","protected":false},"excerpt":{"rendered":"

The long awaited ICASA ADSL regulations were released last week, and many consumers are wondering when these regulations will come into effect and when they will to see changes in their ADSL service in line with the regulations.<\/p>\n","protected":false},"author":23,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_sma_x_autopost_status":"idle","_sma_x_autopost_error":"","_sma_x_post_id":"","_sma_facebook_post_id":"","_sma_instagram_post_id":"","_sma_threads_post_id":"","_sma_x_attempts":0,"footnotes":""},"categories":[17],"tags":[],"class_list":["post-549920","post","type-post","status-publish","format-standard","hentry","category-technology"],"_links":{"self":[{"href":"https:\/\/mybroadband.co.za\/news\/wp-json\/wp\/v2\/posts\/549920"}],"collection":[{"href":"https:\/\/mybroadband.co.za\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/mybroadband.co.za\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/mybroadband.co.za\/news\/wp-json\/wp\/v2\/users\/23"}],"replies":[{"embeddable":true,"href":"https:\/\/mybroadband.co.za\/news\/wp-json\/wp\/v2\/comments?post=549920"}],"version-history":[{"count":0,"href":"https:\/\/mybroadband.co.za\/news\/wp-json\/wp\/v2\/posts\/549920\/revisions"}],"wp:attachment":[{"href":"https:\/\/mybroadband.co.za\/news\/wp-json\/wp\/v2\/media?parent=549920"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/mybroadband.co.za\/news\/wp-json\/wp\/v2\/categories?post=549920"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/mybroadband.co.za\/news\/wp-json\/wp\/v2\/tags?post=549920"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}