Under Chapters 7 and 8 of the ECA, every licensee is obliged to interconnect upon request and every ECNS licensee must provide facilities, upon request, on terms negotiated, unless the request is unreasonable. ICASA may exempt licensees from their obligations, but only if they do not have significant market power (SMP).
Interconnection and facilities leasing agreements entered into between licensees must be filed with ICASA and require prior approval by the regulator before they can come into force.
Under the ECA ICASA is required to finalise regulations which will give effect to Chapter 7 of the ECA (Interconnection) and Chapter 8 (Facilities Leasing & Essential Facilities and which will set out the manner in which disputes relating to the reasonableness of interconnection and facilities leasing requests.
Essential facilities are electronic communications network facilities which are of such a nature that they cannot reasonably be duplicated. These would include the local loop as well as international submarine cable landing stations and earth stations.
The latest set of facilities leasing regulations – http://www.ellipsis.co.za/new-draft-facilities-leasing-regulations/
The latest set of draft interconnection regulations – http://www.ellipsis.co.za/new-3rd-draft-interconnection-regulations/
The latest list of essential facilities ? http://www.ellipsis.co.za/draft-list-of-essential-facilities-g24122007-g30612/
The setting of pricing principles governing interconnection and facilities leasing is highly contentious but essential in facilitating the entrance of competition into the market. Although there is some dispute in this regard, the majority view is that ICASA is required to have consideration to the provisions of Chapter 10 of the ECA before it can impose any kind of pricing regulation. This is discussed in further detail under Markets and Competition below.
– Source: Ellipsis Regulatory Solutions