Ms Pinky Moholi: Managing Director, Telkom South Africa

1. PARLIAMENTARY PRESENTATION ON MEASURES TO REDUCE HIGH INTERCONNECTION RATES AND HIGH COSTS OF TELECOMMUNICATIONS IN SOUTH AFRICA Ms Pinky Moholi: Managing Director, Telkom South Africa Dr Andrew Barendse: Group Executive: Regulatory Affairs, Telkom Mr Thamsanqa Kekana: Senior Legal Advisor: Regulatory Affairs, Telkom

2. Introduction • Telkom welcomes the opportunity to provide comments on the Resolution passed by the Committee on 15th September 2009. • It must be noted that the current intervention is directed towards MTR’s and thus strictly speaking outside of Telkom’s purview. • Notwithstanding, Telkom as the fixed line incumbent is affected in the following way • Most fixed-to-mobile calls originates from Telkom’s network. • Large revenues are transferred from Telkom to MCO’s in the form of termination rates. • MCO’s have been able to subsidize retail mobile services which has encouraged substitution of fixed for mobile calls. • This has contributed to a decline in fixed traffic.

3. Key messages The impact of lower termination rates on Telkom’s business 1 1 The termination rates of Telkom payphones 2 1 Telkom’s understanding of the applicable legislative framework for the regulation of termination rates 3 1 Concluding comments 4 1

4. 1 1 Telkom’s current interconnect out-payments How much did Telkom pay to cellular operators for interconnection fees in the past two financial years? • Notes: • Monday to Friday 7 a.m. to 8 p.m. • Monday to Thursday 8 p.m. to 7 a.m. the next morning and Friday 8 p.m. to Monday 7 a.m. (ZAR, excluding value-added tax) In reply to a parliamentary question dated 21 August 2009

5. 1 1 Telkom’s current interconnect out-payments How much did Telkom receive from cellular operators for interconnection fees in the past two financial years: (ZAR, excluding value-added tax) Net interconnect with MCO’s: 4,622 (2008), 4,516 (2009) respectively

6. 1 1 General comments • Impact presumed to be positive – yet not clear what the full implications for Telkom will be. • With regards to the transfer of revenues from Telkom to MCO’s • Lower mobile termination rates may result in lower payments to MCO’s but may also result in lower payments from MCO’s • With regards to the substitution of fixed for mobile calls • Lower mobile termination rates may lower subsidization of retail mobile services which in turn may limit the substitution of fixed network calls by mobile calls • With regards to the decline in fixed-to-mobile traffic • Lower mobile termination rates may limit dramatic decline in fixed traffic

7. Key messages The impact of lower termination rates on Telkom business 1 1 The termination rates of Telkom payphones 2 1 Telkom’s understanding of the applicable legislative framework for the regulation of termination rates 3 1 Concluding comments 4 1

8. 2 1 General comments • Telkom provides some 125,288public payphones in the form of fixed payphones as part of its universal service obligations in terms of its 1997 licence. • Payphones serve a vital role for those unconnected persons who require affordable retail rates. • There exists enormous disparities between Telkom’s public payphones and the Community Service Telephones (CST’s) provided by the MCO’s. • For calls from Telkom’s public payphones to mobile numbers Telkom pays the mobile operators R1.25 per minute (peak time) as the termination charge. • Mobile operators charge each other R0.06 per minute to terminate calls from CSTs to mobile numbers. Cell 120k CST’s , Vodacom 133.7k CST’s, MTN 14.7k CST’s (ICASA annual report 2007/8)

9. 2 Payphones as a license obligation PSTS Licence (Condition 4.2) • Provision of payphones is a licence obligation (1997) • Telkom may use third parties to provide the payphone service, but remains fully liable for any failure of such third party to provide the service • Strict rules on the removal of payphones • Current payphone obligations have been carried over into Telkom’s ECS/ECNS licences

10. 2 Base & Revenue – History performance

11. 2 Payphone business challenges • Declining Revenue • R1.1billion in 2001/2 to R518 million in 2006/7 • Low income phones • 64,443 phones with revenue of R0 – R100 per month • High cost structure • R879m opex per annum • Old Technology • Phones exceeded life span of payphones: 5 years • Unattractive tariff structure • Telkom R2.75 a minute vs. competition 90c a minute • High Fixed to mobile Interconnect Charge • Blended rate of R1.25 per minute.

12. 2 Payphone Operating Rev & Exp (2007/8) • Interconnect is the biggest “cost” line item in our business. Payphones are run at a lost

13. 2 Payphone & CST Interconnect Regime Telkom Mobile 235 125 Telkom Payphones Current Regime Mobile Mobile 90 6 CST’s Telkom Mobile 116 6 Preferred Regime Telkom Payphones Currently Telkom pays the full R1.25 to terminate on CST from our network, whereas the mobile pay each other 6c to terminate from a CST on their networks

14. 2 Telkom’s request on termination rates • Telkom should be entitled to the CST termination rate of 6c when terminating calls from payphones on mobile networks. • It is particularly important that the 6c also apply to ordinary mobile phones as firstly the majority of calls terminate on mobile phones, and secondly CST’s may currently terminate on mobile phones at this 6c termination rate. • In addition Telkom should also be entitled to terminate ordinary landline calls to CST’s at 6c, since mobile customers currently enjoy this privilege. • At some later stage Telkom would be amenable to the idea that all CST/payphone operators terminate at a technology averaged cost based rate per operator; as determined by ICASA.

15. 2 Giving effect to Telkom’s request on termination • The CST rate is not regulated by the EC Act nor regulation. The matter is part a common licence obligation on mobile operators carried forward from their previous mobile licences, and part a mutual agreement. • The Minister could as a first step issue a ministerial policy directive instructing ICASA to see to it the mobile operators terminate Telkom’s customers on CST’s at 6c, and Telkom’s payphones terminate on all mobile networks (CST and ordinary) at 6c. • To the extent that ICASA may not have a tool at hand to implement this quickly by law (the only legal process is a market review, which may take time)

16. 2 Giving effect to Telkom’s request on termination • If Telkom were to obtain from the mobile operators the same termination rate of R0.06 per minute for calls from its public payphones to mobile numbers. • Telkom commits to pass the reduction totally to users of its public payphones. • This would result in an immediate savings of R1.19 per minute on all such calls.

17. Key messages The impact of lower termination rates on Telkom business 1 1 The termination rates of Telkom payphones 2 1 Telkom’s understanding of the applicable legislative framework for the regulation of termination rates 3 1 Concluding comments 4 1

18. 3 General comments • Generally, the regulation of termination rates has received inadequate attention in order for consumers to derive the benefits of more affordable retail rates • Telkom views effective regulation as being both necessary and critical for the long-term vitality of the broader communications market and for consumers to benefit from lower prices • Due to the importance of termination rates and its impact on the provision of other services, its regulation must be undertaken in a balanced, proportionate manner, reasonable and forward-looking manner

19. 3 1 The importance of Chapter 9 institutions • Telkom has considered the applicable legislation regarding, in general, Parliament’s powers, and in particular, powers conferred to Portfolio Committees • While Telkom appreciates the opportunity to share its views with the Committee on termination rates, this is done within the context of the generality of section 56 of the Constitution and Rules 138, 201 and 202 of the National Assembly • Telkom views Parliament as having been entrusted with securing the independence, impartiality, dignity and effectiveness of Chapter 9 institutions

20. 3 1 The importance of Chapter 10 of the ECA • Telkom has construed section 41 of the ECA to be concerned with empowering the Authority to intervene in the determination of a framework for wholesale interconnection rates “…taking into account the provisions of Chapter 10.” • Telkom is of the considered view that, consistent with Parliament’s intention, undertaking a Chapter 10 process in the determination of the framework of rates under section 41 is both indispensable and desirous • Telkom considers that reference to Chapter 10 in section 41 by Parliament is not coincidental but based on an appreciation of the complexities surrounding the regulation of prices

21. Key messages The impact of lower termination rates on Telkom business 1 1 Telkom’s understanding of the applicable legislative framework for the regulation of termination rates 2 1 The termination rates of Telkom payphones 3 1 Concluding comments 4 1

22. 4 Concluding comments (1 of 2) • Termination rates is but one factor impacting the costs to communicate. Other regulatory areas includes the ex-ante competition framework, etc. • Overall impact of a reduction in termination rate presumed to be positive on Telkom – yet not clear what the full implications will be. • Telkom will provide concrete proposal for addressing the unfavourable termination rates between public payphones and the Community Service Telephones (CST’s) provided by the MCO’s. • If Telkom were to obtain from the mobile operators the same termination rate of R0.06 per minute for calls from its public payphones to mobile numbers • Telkom commits to pass the reduction totally to users of its public payphones. This would result in an immediate savings of R1.19 per minute on all such calls.

23. 4 Concluding comments (2 of 2) • Telkom believes that the regulation of termination rates is exclusively within the regulatory competence of the Authority • Parliament ought to be mindful of the provisions of the Constitution when purporting to exercise its powers in relation to matters that fall to be regulated by the Authority • Telkom reaffirms its commitment to participate in any endeavours aimed at reducing communications costs provided that the integrity of the process of lawfully permissible

24. Thank you