Both Telkom and the South African Value-Added Network Association (SAVA) have welcomed the proposed regulations recently published by the South African Telecommunications Regulatory Authority (SATRA).
The regulations seek to define in generic terms what the business of an Internet service provider or value-added network (VAN) entails.
"Given the ongoing regulatory vacuum in the VANS industry, SATRA`s announcement of its intentions to make regulations has not come a moment too soon," Telkom says in a statement.
"It is positive to finally see some movement," says SAVA chairman Mike van den Bergh. "We understand the need to fast track this within the constraints of the Act."
The new regulations will be subject to public scrutiny and representations followed by public hearings in June.
Both Telkom and SAVA intend to make representations to SATRA on the regulations. Van den Bergh says that although happy with the progress, SAVA believes there is room for more simplification. "It would be ideal to circumscribe [Telkom`s] exclusivity and say that everything else, everything beside the basic services, are value-added. That would take into account the problem of new technology."
Legal and regulatory action between the parties is still underway. A court review of SATRA`s section 53 determination is due to be heard on 15 February. Telkom took SATRA to court after the authority instructed Telkom to desist from making statements about the legality of VANS providers. Telkom says SATRA showed bias in the determination.
SAVA has also logged another complaint about Telkom with SATRA after the courts turned it back to the regulator. That complaint is due to be cleared up with the other section 53 and section 100 complaints currently before the SATRA council.
For the moment, it seems SATRA has achieved at least one of its immediate goals: to clarify matters for the disputing parties. "At least [the new regulations] give us something to discuss," says Van den Bergh. "It helps us to understand their thinking."
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