State signal distributor Sentech was found to be sufficiently compliant with electronic communications and network services (ECNS) regulations, according to compliance reports published by the Independent Communications Authority of SA (ICASA) yesterday.
The regulator conducted an assessment of compliance and published reports on this assessment for MTN, Vodacom, Cell C, iBurst, Neotel, Telkom, Sentech and Internet Solutions for the 2009/2010 financial year.
ICASA has a mandate in terms of the Electronic Communications Act and the ICASA Act to ensure compliance by all licensed entities in the telecommunications, broadcasting and postal sectors.
The compliance assessments were based on specific regulations. These fall in the categories of general licence fees (GLF); code of conduct (COC); people with disabilities (PD); e-rate; end-user and subscriber service charter; and the Universal Service and Access Fund (USAF).
Pay up
Assessment of Sentech showed it was compliant with the individual ECS licence and the GLF, which requires it to pay 1.5% of its gross profit as its annual licence fee.
The state-owned enterprise (SOE) made a payment of R1.4 million for the period 1 April 2009 to 31 March 2010.
ICASA says it cannot currently express an opinion on Sentech's compliance with USAF regulations, because the matter has been referred to the finance division for assessment.
It says in the report that Sentech made a payment of R193 588 on 2 July 2010 for the period, although the payment was due by 1 June in terms of the regulations.
“Further, this said amount was calculated at 0.2% of the licensee's adjusted gross revenue, instead of annual turnover as the licensee deducted bad debt for the reporting period.”
ICASA says Sentech is then liable to pay the difference of R28 962. The regulator's licensing and compliance division has recommended it be given 14 working days to pay the balance, as well as interest for the late payment and the penalty on the remaining balance.
It added that failing this, the matter should be referred to the Complaints and Compliance Committee.
Incomplete submission
Sentech has not complied with more than five of the end-user regulations. These are 4.1, 4.2, 4.7, 4.9(a)(b), 5(1)(d) and 6(c).
This means the signal distributor has failed to achieve an average 95% network service availability over a period of six months, to ensure operator-assisted calls are answered within three minutes averaged over 12 months, and to maintain an average of 90% fault clearance rate for all faults reported within three days.
It also failed in some procedures that should be followed in resolving complaints and in preparing and submitting to ICASA six-monthly reports on the standards.
In terms of the first non-compliance, which is not achieving an average 95% network service availability, ICASA says Sentech actually achieved over 99% performance on all its networks for the reported period, but the SOE did not report for the relevant periods fully and this is why non-compliance was concluded.
Sentech provided information for the period June 2009 to May 2010, instead of April 2010 to September 2010, as required by the regulation.
School report
The SOE has complied with the regulations for COC, PD and its e-rate.
It has made its buildings more accessible to people with disabilities by installing elevators and wheelchair ramps.
The e-rate regulation requires Sentech to charge schools subscribing to its service a total minimum discount of 50% of the total charge. It also requires that the entity keep records of service bills and other documents for no less than three years.
ICASA says it has submitted that it keeps records of all Internet service bills provided to schools and details of services and locations of the schools.
In summary, Sentech's performance in terms of all the regulations has been sufficiently compliant, says ICASA, except for the outstanding payment to USAF and the provisions of the end-user regulations.
Share