ICASA codes 'give it teeth'

By Paul Vecchiatto, ITWeb Cape Town correspondent

Cape Town, 24 Jul 2007

The draft codes of conduct and end-user charters published by the Independent Communications Authority of SA (ICASA) last month will be good for consumers, but could prove a nightmare for licence-holders, say industry sources.

In June, ICASA, which is now responsible for regulating the telecommunications, postal and broadcasting sectors, issued draft regulations for codes of conduct, and draft end-user and subscriber charters with respect to these sectors.

The draft codes of conduct and charters are based on the Electronic Communications Act, Broadcasting Act and Postal Services Act.

"These regulations will be really good for consumers, but may be a nightmare for the companies to implement, as they place another layer of customer service that they may feel is expensive," an industry source says.

According to the source, once the end-user charters are passed and become regulation, ICASA, for the first time, will have proper "teeth" to act on behalf of consumers.

"ICASA chairman Paris Mashile has been consistent in his message that he is on the side of consumers. It has been a slow and rather troublesome route for him, but now it is beginning to be a reality," the source says.

Clear procedure

ICASA says the end-user and subscriber charters will set a formal complaints procedure for consumers. The codes of conduct specifically look at how the licence-holders interact with their customers, especially on such matters as how they cater for disabled people and children, it adds.

In terms of the complaints procedure, the Consumer Complaints Council (CCC) will have the final say. The CCC is a semi-independent arm of ICASA and is mandated by Section 17 of the ICASA Amendment Act to make a ruling that could include levying a fine or making recommendations.

Brenda Ntombela, the ICASA councillor responsible for consumer affairs, says the draft regulations will give the authority a clear consumer complaints procedure.

"If a consumer has a complaint against a licensee, he or she can either take it to the licensee or bring it directly to our consumer affairs division. We will respond within 14 days to say we are handling the issue and will contact the licensee. If the complaint escalates into a dispute, then it will be handed over to the CCC, which has to make a ruling within 90 days."

Ntombela says these draft regulations should become law before the end of the year. The authority first has to sift through the responses it received from the public and industry, conduct public hearings and, if necessary, workshops, she notes.

"Response has been overwhelming."