Legislation: Out-of-bundle data regulations gazetted

Amendments to the regulations on data bundle expiry and out-of-bundle business were gazetted yesterday. They include a reasons document giving context to the new measures, which are presumably immediately effective, reports Pam Saxby for Legalbrief Policy Watch. 

As Legalbrief Today reported last week, the new regulations require all licensees to: send usage depletion notifications to consumers when their data bundles are at 50%, 80% and 100% depletion levels; obtain a consumer’s prior consent before charging out-of-bundle rates for data used once a bundle is fully depleted; provide consumers with the option to transfer data to other users on the same network; and allow them to roll over unused data from month to month.

While the Independent Communications Authority of SA (Icasa) has yet to provide clarity on the process to be followed in reducing the cost of in-bundle data, according to Economic Development Minister Ebrahim Patel this is one of government’s priorities for the year (MyBroadband). The Minister and Icasa are apparently waiting for the Competition Commission to complete its market inquiry into data services, which began last August. Meanwhile, an Icasa media statement announcing the new out-of-bundle data regulations alluded to the possibility of pro-competition interventions following Icasa inquiries into: wholesale fixed access services; national transmission and metropolitan connectivity; and the wholesale supply of mobile network services and radio access network services.