The Wireless Application Service Providers' Association of SA (Waspa) will apply to the Department of Trade and Industry (DTI) to have its code of conduct recognised under the Consumer Protection Act (CPA).
Waspa chairman Leon Perlman says the Act is coming into effect in October. The regulator says if its code of conduct is recognised under the Act it may possibly allow Waspa to have jurisdiction over non-members in the value added services (VAS) and bulk SMS sectors.
Waspa specifically mentions those non-members sending out spam via data modems, using prepaid services.
But the regulator says it will not have clarity on this until the CPA regulations are published by the DTI, and there is no process in place by the department for the required application as yet.
At the time of publishing, ITWeb had received no word from the DTI on when the process will be put in place or when the regulations would be published.
Out of jurisdiction
This move comes with Waspa's recent attempt to clarify its jurisdiction.
Due to this, it has emphasised that its mandate does not extend to policing every aspect of the greater cellular industry. Perlman says, in general, this is the remit of the national telecommunications regulator, the Independent Communications Authority of SA.
“As an industry body, Waspa represents the interests of SA's providers of mobile VAS, which mainly comprises content, applications and bulk SMS. As such, its goal is to promote a vibrant and sustainable VAS industry. This often means protecting consumers from rogue services that negatively impact consumer confidence and the industry,” says Perlman.
To do this, Waspa takes action against transgressors of its code of conduct to protect mobile VAS consumers and to instil confidence in the industry, he adds.
The regulatory body emphasises that currently its jurisdiction only extends to its own members and their activities. It does not regulate other industries, the mobile networks or their voice and data service providers.
“Waspa cannot enforce any national laws, but rather refers any prima facie legal contravention to the relevant authorities,” it adds.
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