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Government Gazette Staatskoerant REPUBLIC OF SOUTH AFRICA REPUBLIEK VAN SUID AFRIKA Regulation Gazette No. 10177 Regulasiekoerant February Vol. 632 16 2018 No. 41446 Februarie ISSN 1682-5843 N.B. The Government Printing Works will 41446 not be held responsible for the quality of “Hard Copies” or “Electronic Files” submitted for publication purposes 9 771682 584003 AIDS HELPLINE: 0800-0123-22 Prevention is the cure 2 No. 41446 GOVERNMENT GAZETTE, 16 FEBRUARY 2018 This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 16 FEBRUARIE 2018 No. 41446 3 IMPORTANT NOTICE: THE GOVERNMENT PRINTING WORKS WILL NOT BE HELD RESPONSIBLE FOR ANY ERRORS THAT MIGHT OCCUR DUE TO THE SUBMISSION OF INCOMPLETE / INCORRECT / ILLEGIBLE COPY. NO FUTURE QUERIES WILL BE HANDLED IN CONNECTION WITH THE ABOVE. Contents Gazette Page No. No. No. GENERAL NOTICES • ALGEMENE KENNISGEWINGS Independent Communications Authority of South Africa/ Onafhanklike Kommunikasie-owerheid van Suid-Afrika 71 Independent Communications Authority of South Africa (13/2000): Invitation for written representations on priority markets in the electronic communications sector .................................................................................................... 41446 4 This gazette is also available free online at www.gpwonline.co.za 4 No. 41446 GOVERNMENT GAZETTE, 16 FEBRUARY 2018 GENERAL NOTICES • ALGEMENE KENNISGEWINGS Independent Communications Authority of South Africa/ Onafhanklike Kommunikasie-owerheid van Suid-Afrika INDEPENDENT COMMUNICATIONS AUTHORITY OF SOUTH AFRICA NOTICE 71 OF 2018 71 Independent Communications Authority of South Africa (13/2000): Invitation for written representations on priority markets in the electronic communications sector 41446 This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 16 FEBRUARIE 2018 No. 41446 5 INVITATION INVITATION REPRESENTATIONS FOR FOR WRITTEN ON ON PRIORITY PRIORITY MARKETS THE THE IN IN ELCTRONIC ELCTRONIC COMMUNICATIONS SECTOR June June 2017, Independent Communications the the On On 30 1. 1. Authority Authority of South Africa "the "the ( ( Gazette' Gazette' Authority Authority published published notice the ") ") in in indicating indicating conduct conduct Inquiry intention intention its its to to a a an an terms terms of section section 4B(1)(a) "the "the Inquiry") in in ( ( Authority Authority of of Independent Independent Communications the the of of of of (Act (Act "ICASA South South Africa 2000 2000 2000) Act, Act, No, No, 13 13 ( ( Act Act "). "). of of The The this this Inquiry to: to: is is 2. 2. purpose purpose identify identify markets markets electronic the the 2.1. 2.1. and in in segments segments communications communications or or ante ante sector sector that susceptible susceptible regulations; regulations; and and to to ex ex are are determine determine which of prioritised prioritised for these these markets should 2.2. 2.2. be be market market reviews and and terms terms of section 67(4) of Electronic potential potential regulation the the in in Communications Communications (Act (Act of of 2005) 2005) 2005 2005 "ECA Act, Act, No. No. 36 "). "). ( ( four four The The Inquiry conducted Phases Phases is is 3. 3. in Market Market Phase Phase Phase (i.e. (i.e. study, II II I I - - - - ill ill Discussion Discussion Document, Phase Public Hearings Document)2. Document)2. Findings Findings Phase Phase and and IV IV - - - - Authority Authority of of As As Phase Phase the the 4. 4. I, I, questionnaire questionnaire requesting information published published and part part a a opinions opinions from stakeholders (including the the general general public) market inform inform study. study. to to its its The The Authority of of received received questions clarification clarification 5. 5. from from Vodacom, MTN MTN and Cell 13 13 C C on on questionnaire questionnaire July July 2017 2017 regarding the the and and further further questions Inquiry Inquiry the the and and process process from from ISPA July July 2017. Vodacom, 14 14 further further for for requested requested MTN MTN and and Cell C C on on an an for for extension extension submission of their their respective submissions Phase Phase to to in in responses responses I I requesting requesting clarity. clarity. published4 published4 August August Authority Authority 4 4 2017, 2017, the On On its 6. 6. of of clarity clarity questions questions raised raised to to responses responses aforementioned aforementioned stakeholders. by by the Gazette Gazette Notice 485 485 No No 40945 No No in in 35to38 35to38 2lbidatpara 2lbidatpara CASA CASA Available Available webs webs the the te te on on 4 4 This gazette is also available free online at www.gpwonline.co.za 6 No. 41446 GOVERNMENT GAZETTE, 16 FEBRUARY 2018 Gazette5 Gazette5 Authority Authority granted extension extension addition, addition, the the the in in 7. 7. In In submit submit stakeholders stakeholders to to to to an an their their of September the the questionnaire working days from from Phase Phase by by 25 to to 4 4 I I responses responses October October 2017 2017 10 10 to to 2017. October October Authority Authority (Market (Market Study) from 2017, 2017, received Phase Phase the the On On to 10 10 8. 8. I I responses responses following following interested the the parties: parties: Telkom Telkom 8.1.1. 8.1.1. 8.1.2. 8.1.2. Vodacom 8.1.3. 8.1.3. Cell Cell C C 8.1.4. 8.1.4. MTN MWEB6 MWEB6 8.1.5. 8.1.5. 8.1.6. 8.1.6. Mzansi Media and Printing Lisetta Lisetta The The Authority stakeholders written written invites invites 9. 9. representations representations make make the to to now now on on The The written with with Discussion Discussion Document Phase Phase line line Inquiry. in in of of the representations representations II II Authority Authority within forty (45) (45) working days should should reach the -five -five from of of the the the the date publication publication of Document this this Discussion email by by at at The The Authority consider consider written representations received received after will will not aforementioned aforementioned the the working working closing closing date 45 45 days). days). (i.e. (i.e. Written Written 10. 10. representations representations detailed detailed possible possible should should opinions and and be be views views as as as as or or far far expressed expressed should substantiated, conducted possible, possible, by evidence, be be studies studies as as as as stakeholders, stakeholders, stakeholders' stakeholders' international international experience by by data, precedence. precedence. or or own own Stakeholders Stakeholders request request that specific information of written written representations the the be 11. 11. may may treated treated of of confidential confidential envisaged envisaged the section section 4D the Act. Act. 1CASA 1CASA in in In In as as adhering to to as as provisions provisions of section 40(1) 40(1) simply simply stakeholders stakeholders of of not not (b) (b) and (4) the the ICASA Act, must must indicate indicate that the the for for financial, financial, commercial technical, but information, information, example, is is or or should should detailed detailed explanation(s) of how information provide provide such such harm harm is is likely likely to to a a cause cause their their commercial commercial confidential confidential financial financial interest the public domain. to to if be in in it it A A to to or or were were This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 16 FEBRUARIE 2018 No. 41446 7 -confidential -confidential and and of of representation representation version version the the written be be must must submitted submitted with the non non for for confidentiality. confidentiality. request request Stakeholders Stakeholders must 12. 12. indicate indicate whether they opportunity require require make make oral oral to to an an representations representations at public hearings, hearings, which due due held held be be in in may may course. course. communication communication relating relating this this Inquiry All All 13. 13. directed directed Chairperson: must must the the to to to be be Priority Priority Markets Markets Committee email email by by at at This gazette is also available free online at www.gpwonline.co.za 8 No. 41446 GOVERNMENT GAZETTE, 16 FEBRUARY 2018 INTRODUCTION INTRODUCTION 1 1 APPROACH APPROACH PRIORITISATION PRIORITISATION TO TO 3 3 The The approach adopted adopted 3 3 of of markets markets Identification Identification 3 3 Prioritisation Prioritisation of identified markets 5 5 Specific Specific approach approach raised issues issues 12 12 in in on on responses responses IDENTIFICATION IDENTIFICATION PRIORITY PRIORITY MARKETS OF OF 17 17 Wholesale Wholesale fixed fixed services 18 18 access access Structural Structural features market and and of of of likelihood likelihood competition the the 19 19 concerns concerns of of wholesale Importance Importance fixed fixed services 25 25 access access Conclusion Conclusion 28 28 metropolitan metropolitan connectivity National National transmission and and 30 30 Structural Structural features of of of of market market competition likelihood likelihood the the and and 30 concerns concerns of of connectivity connectivity Importance Importance national national transmission and metropolitan 35 35 Conclusion Conclusion 36 36 Wholesale Wholesale supply of mobile network services and and RAN services services 36 36 of of Structural Structural features likelihood
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