The Independent Communications Authority of SA (ICASA) says the recent extension of timelines relating to its Cost to Communicate programme does not indicate a failure to adhere to its publicly specified goals.
This comes in response to ITWeb's article "Early cracks show in ICASA programme", published last Thursday. ICASA says it would like to clarify "the possible misunderstanding displayed in the said article by analysts who commented on the authority's extension of timelines for submission of information; in particular the broadband value chain study and call termination market review."
ICASA last week announced three changes to its Cost to Communicate deadlines, outlined in a presentation to stakeholders about a month-and-a-half ago: an extension to the broadband value chain study deadline (29 July), an extension the call termination market review (2 August), and a postponement of the draft local loop unbundling (LLU) regulations that were supposed to be scheduled last week Tuesday. ICASA has not set a new date for LLU draft regulations.
Delay clarification
ICASA says in a statement: "The Promotion of Administrative Justice Act (PAJA Act No 3 of 2000) provides that in order to give effect to the right to procedurally fair administrative action, an administrator (in this case ICASA) must give the public:
(a) Adequate notice of the nature and purpose of the proposed administrative action;
(b) A reasonable opportunity to make representations;
(c) A clear statement of the administrative action;
(d) Adequate notice of any right of review or internal appeal, where applicable; and adequate notice of the right to request reasons in terms of this Act."
In this case, says ICASA, it commenced a regulatory process with set timelines, and requires engagement with its licensees. The extension of both the broadband value chain call termination market review, says the authority, was due to requests from the licensees.
"When licensees send reasonable requests for extension of timelines, it is administratively fair to provide them with a reasonable opportunity to gather and compile the information we require to make an informed decision. Therefore, the decision to grant the extension was based on the authority's public interest mandate and in line with PAJA."
ICASA says the Cost to Communicate programme is a public participatory process and "as such, timelines are bound to change to ensure effective stakeholder participation and engagement".
Share
