The Independent Communications Authority of SA (ICASA) will address the niggling issue of a fixed-line deficit in an explanatory note, which it will publish at a "later stage".
Sorting out the deficit is a requirement before local loop unbundling (LLU) can get under way, as Telkom successfully argued that it subsidises the copper access part.
ICASA recently published another set of draft LLU regulations, which are open for comment for 30 days after the 11 September publication. The regulations do not seem to differ markedly from previous documents issued by the authority.
Side issue
Although LLU seems to be finally gaining traction, it can only kick-off once a High Court process has been wrapped up, and not much has happened in the court as yet. There is also no clarity as to when the court matter may be wrapped up.
Telkom has instituted High Court proceedings to interdict ICASA from implementing an August 2012 Complaints and Compliance Committee (CCC) order, and to have the CCC order reviewed and set aside. The committee found Telkom failed to "respond adequately" to competitor Neotel's request for access to parts of the local loop.
Although the CCC did not impose a fine, as LLU regulations still had to be developed, it warned Telkom "must be warned to follow the rules... otherwise the CCC will not hesitate to recommend a harsh penalty, allowable under the regulations, in future".
Later on
The Department of Communications had set a November 2012 deadline for the second phase, bit-stream access, which followed lower IP connect rates, but this was not met as the issue over Telkom's access-line deficit has yet to be resolved.
Telkom has argued it essentially subsidises the copper lines, and cannot on-sell access unless there is a mechanism in place to recoup this deficit.
ICASA spokesman Paseka Maleka says the issue of the access deficit and how it will be funded will be addressed "fully" in an explanatory note be published "at a later stage".
Maleka notes the issue of co-location of Telkom's infrastructure at its main distribution frame is dealt with under the regulations. Infrastructure-sharing and co-location includes availability; infrastructure-sharing and co-location procedures; security procedures and requirements; supplementary services required, such as power supply; and physical access to facilities.
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