The Internet Service Providers\u2019 Association of South Africa (ISPA) said it supports the court action initiated by one of its members, MWEB, against Telkom relating to the irregular charging of a \u201ctransit fee\u201d for the \u201ctransiting\u201d of calls between its fixed and mobile networks.<\/p>\n
\u201cWe believe the law on the matter to be clear: Telkom\u2019s fixed and mobile networks, although marketed under different brands, are operated under the same pair of service licences,\u201d said said ISPA co-chair Marc Furman.<\/p>\n
\u201cIn charging this so-called \u2018transit fee\u2019 Telkom is effectively arguing that it is interconnecting with itself. That is legally illogical,\u201d said Furman.<\/p>\n
ISPA confirmed that \u2013 after initially trying to address the matter directly with Telkom – it had written to ICASA in July 2012.<\/p>\n
ISPA\u2019s correspondence to the regulator also noted that Telkom allowed direct interconnection to its mobile network, but that an entirely separate interconnect infrastructure was required, which was both costly and inefficient.<\/p>\n
In the absence of a substantive response MWEB had elected to pursue the issue formally and with the support of a number of ISPA members.<\/p>\n
\u201cIt appears that Telkom has taken a decision to have separate networks operating under a single licence,\u201d said Furman.<\/p>\n
\u201cWhile this may lead to internal costs such costs are a result of their strategic decision and cannot be passed on to third party interconnect partners, particularly where to do so means termination to Telkom Mobile is above the maximum rate set out in the Call Termination Regulations 2010.\u201d<\/p>\n