Reply by Minister of Communications, S Nyanda on questions posed in the National Assembly for written reply

Question No: 829

Mrs P de Lille (ID) to ask the Minister of Communications:
(1) (a) When will MTN and Vodacom be declared major operators and (b) why has the process been delayed by four years;
(2) Whether there is a report on the public hearings on this process that was held in 2004 by the Independent Communications Authority of South Africa (Icasa); if not, what is the position in this regard; if so, what are the relevant details;
(3) Whether he will take any steps to ensure that these operators will be declared as major operators; if not, why not; if so, what steps;
(4) Whether he will make a statement on the matter?

Reply

I have been advised by Icasa as follows:

1. (a) MTN and Vodacom will not be declared major operators as the Electronic Communications Act No. 36 of 2005 (ECA) does not provide for the declaration of certain operators as major operators.
(b) The Telecommunications Act No. 104 of 1996 provided for the declaration of certain players as major operators. However this was repealed by the ECA.
2. No, there is no report on the public hearings as Cell C withdrew its request to declare MTN and Vodacom major operators. As a result, the matter was not taken forward and Icasa published a Notice of withdrawal in the Government Gazette.
3. No, I will take no steps to declare these operators as major operators in view of the fact that the ECA does not provide for the declaration of major-operator status.
4. Not applicable.

Issued by: Department of Communications
8 September 2009

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