MTN SUBMISSION ON THE TELECOMMUNICATIONS AMENDMENT BILL

1. MTN SUBMISSION ON THE TELECOMMUNICATIONS AMENDMENT BILL Submission to PPCC28 September 2001Presented by:Sifiso Dabengwa

2. AGENDA • FIXED MOBILE • SECTION 37(1) AND 37(3) • FREQUENCY SPECTRUM • SECTION 40A • INTERCONNECT • E RATE • NUMBER PORTABILITY

3. FIXED MOBILE • The term “fixed mobile” creates ambiguity • Could be construed as encroaching on mobile operators rights • Telkom (and SNO) able to offer fixed wireless services by virtue of licence conditions • Thus “fixed wireless” for local access only MTN proposes the term “fixed-wireless”

4. FIXED MOBILE (cont) Where to implement fixed wireless? • In areas approved by ICASA • ICASA to prescribe economic and technical criteria to ensure geographic limitation

5. SECTION 37 MTN Deemed Licence SECTION 37(1) • MTN is deemed to be a Mobile Cellular Licensee in terms of section 37(1) • The process to be followed as contained in the proviso is very near completion and needs to be finalised • Deleting the proviso will create uncertainty MTN recommends that: The proviso should not be deleted until the MTN and Vodacom licences have finally been re-issued

6. SECTION 37 (cont) SECTION 37(3) • MTN currently provides national calls, international calls as well as other value added services in terms of its licence • Section 37(3) makes this current position very clear This section should be retained and not deleted

7. SECTION 37 (cont) SECTION 37(2)(d) • MTN submits that this section should be retained so that mobile cellular licensees would be able to self provide links at a time to be set by the Minister

8. 1800 MHz • MTN welcomes the proposed assignment of 1800 MHz frequency spectrum • Application process must be consistent • Spectrum pricing • Should promote efficient use of spectrum • Use the existing pricing regulations, or • Set fees at level that will minimise impact on consumer MTN submits that no deemed licences relating to frequency spectrum should be granted to Telkom and SNO

9. SECTION 40A • Under-serviced area licensees • These licensees are to provide all telecommunication services, including VoIP • This is a measure to address rural access issue • Ensure that PSTS operators do not negatively impact on these licensees

10. INTERCONNECT Section 43(4)(b) • Propose that the interconnect process remains as is stated in the current subsection 4(b) • ICASA tasked with issue of interconnection • Propose that no additional role players be added

11. SECTION 45 - E-RATE • 50% discount be applicable to all calls to an Internet service provider MTN recommends that: Interconnection fees between operators for conveying or completing such a call to an ISP, also be subject to a 50% discount

12. SECTION 89 - NUMBER PORTABILITY • There are different methods available to provide number portability • Instead of prescribing a method in the Act it is proposed that ICASA determine the appropriate method in consultation with the operators • This will ensure that: • A method is chosen that is best suited to SA • Cost effective implementation that will not adversely impact on customers • Implementation plan by ICASA in consultation with industry

13. Thank You