[14 October 2025]
The High Court has ruled decisively in favor of MTN concerning its September 2022 review application, resulting in the immediate cancellation of the Mobile Broadband Services Regulations 2021. The regulations are effectively nullified.
[14 July 2024]
ICASA has completed the process of revising the 2021 Mobile Broadband Services Regulations.
Mobile Broadband Services Amendment Regulations 2024
[15 January 2024]
The communications regulator ICASA has released draft amendments to the Mobile Broadband Services Regulations 2021.
Written submissions are due by February 13, 2024, and can be emailed to Mr. Owen Mhlanga at MarketInquiry2018@icasa.org.za.
A reasons document has been included, explaining that the amendments aim to address “regulatory oversights” identified during the review application brought by MTN.
Draft amendment to the mobile broadband services regulations, 2021
[26 September 2022]
MTN has filed an application in the High Court to review and set aside specific regulations within the Mobile Broadband Services Regulations, 2021. MTN is challenging the following:
- In respect of mobile retail services:
- the definition of the market for mobile retail services as “regional geographic areas (provincial, split by urban and rural)” (regulation 3(a));
- the determination that the retail market is ineffectively competitive (regulation 5);
- the determinations that MTN is dominant and has significant market power (“SMP”) in the retail market (regulation 6(a)); and
- the imposition of terms and conditions requiring MTN to publish on its website, and to provide to ICASA, various accounts, records and other documents (regulations 7(a) to (g)).
- In respect of site infrastructure access (referred to in the Regulations as “Upstream market 1”):
- the definition of the market as “wholesale site infrastructure access” (regulation 3(b));
- the determination that the site access market is ineffectively competitive (regulation 5)
- the determinations that MTN is dominant and has SMP in the site access market (regulation 6(b)); and
- the imposition of terms and conditions requiring MTN to publish on its website, and to provide to ICASA, various accounts, records and other documents (regulation 7(h)).
- In respect of national roaming services (referred to in the Regulations as “Upstream market 2”):
- the definition of the market as roaming services “for coverage purposes” (regulation 3(c));
- the determination that this market is ineffectively competitive (regulation 5);
- the determinations that MTN is dominant and has SMP in this market (regulation 6(c)); and
- the imposition of terms and conditions requiring MTN to publish on its website, and to provide to ICASA, various accounts, records and other documents (regulations 7(i) and (j)).
[5 April 2022]
The final regulations, marking the conclusion of this process, were published on March 31, 2022, and came into effect on the same day.
Mobile Broadband Services Regulations 2021
Mobile Broadband Services Regulations 2021 Reasons Document
[21 July 2021]
Public hearings on the Draft Mobile Broadband Services Regulations 2021 will take place on August 12 and 13, 2021.
Day 1: 12 August 2021
| 08:50 – 09:00 | Opening address |
| 09:00 – 09:30 | Presentation by Telkom |
| 09:30 – 10:00 | Q&A |
| 10:00 – 10:30 | Presentation by ISPA |
| 10:30 – 11:00 | Q&A |
| 11:00 – 11:30 | Tea Break |
| 11:30 – 12:00 | Presentation by MTN |
| 12:00 – 12:30 | Q&A |
| 12:30 – 13:00 | Presentation by Vodacom |
| 13:00 – 13:30 | Q&A |
| 13:30 – 14:30 | Tea Break |
| 14:30 – 15:00 | Presentation by SACF |
| 15:00 – 15:30 | Q&A |
| 15:30 – 16:00 | Presentation by Falcon & Hume |
| 16:00 – 16:30 | Q&A |
Day 2: 13 August 2021
| 08:50 – 09:00 | Opening address |
| 09:00 – 09:30 | Presentation by Cell C |
| 09:30 – 10:00 | Q&A |
| 10:00 – 10:30 | Presentation by Free Market Foundation |
| 10:30 – 11:00 | Q&A |
| 11:00 – 11:30 | Tea Break |
| 11:30 – 12:00 | Presentation by ICT SMME Chamber |
| 12:00 – 12:30 | Q&A |
[6 July 2021]
Below are the written submissions received on the Draft Mobile Broadband Services Regulations.
[18 May 2021]
The deadline for comments on the Draft Mobile Broadband Services Regulations has been extended to May 28, 2021.
Extension for written comments: Draft Mobile Broadband Services Regulations
[30 March 2021]
ICASA has released its Findings Document and Draft Mobile Broadband Services Regulations for public comment.
ICASA deserves commendation for completing this process within the specified timeframes.
Interested parties can submit written comments to the Authority within thirty (30) working days from the publication date of the Draft Regulations (deadline for submission is May 12, 2021) via email to MarketInquiry2018@icasa.org.za.
Draft Mobile Broadband Services Regulations 2021
Findings Document on Mobile Broadband Services Inquiry
[11 January 2021]
The transcripts of the public hearings on the Mobile Broadband Services Market Inquiry are available below.
Mobile Broadband Service Inquiry Hearing (26 October 2020)
Mobile Broadband Service Inquiry Hearing (27 October 2020)
[2 November 2020]
Below are the presentations made at the public hearings on the discussion document.
- Presentation – Mobile Broadband Services Market Inquiry: Cell C
- Presentation – Mobile Broadband Services Market Inquiry: Competition Commission
- Presentation – Mobile Broadband Services Market Inquiry: ISPA
- Presentation – Mobile Broadband Services Market Inquiry: MTN
- Presentation – Mobile Broadband Services Market Inquiry: Telkom
- Presentation – Mobile Broadband Services Market Inquiry: Vodacom
[21 October 2020]
ICASA will conduct public hearings on its Discussion Document for the Market Inquiry into Mobile Broadband Services on October 26 and 27, 2020. The hearings will take place at the Radisson Blu Gautrain in Sandton, with remote participation available via Microsoft Teams.
ICASA to hear submissions with respect to the mobile broadband market inquiry
[3 April 2020]
Submissions received in respect of the Mobile Broadband Services Market Inquiry can be seen below:
- Afrihost SP
- Cell C
- Competition Commission
- FNB Connect
- ISPA
- Liquid Telecom
- Media Monitoring Africa
- MTN
- Telkom
- Vodacom
[8 January 2020]
The deadline for comments on the Discussion Document for the Mobile Broadband Services Inquiry has been extended to February 27, 2020, from the previous deadline of February 6, 2020.
[29 November 2019]
ICASA has released a discussion document on the Mobile Broadband Services Inquiry, outlining its preliminary views on the definition of relevant mobile broadband services markets and the effectiveness of competition within these markets.
Comments are due by 6 February 2020 and can be submitted to MarketInquiry2018@icasa.org.za.
Discussion Document on the Market Inquiry into Mobile Broadband Services
ICASA identified five markets for investigation and set out their conclusions as follows:
- Retail product market for mobile services: this covers voice, data and SMS services provided to retail customers within a local or metropolitan municipal area. ICASA found that Vodacom was dominant in 110 municipalities, MTN in 78 and that no operator was dominant in 41 municipalities and that there were significant barriers to entry into these markets at services and facilities level because of a lack of competitive wholesale services and a concentrated market for site access. ICASA also noted that only two operators offer a full coverage roaming service and only one offers mobile virtual network operator (MVNO) services. Competitive failures in this market are to be addressed through interventions in the site access and roaming markets (see below).
- Spectrum (Upstream market #1): ICASA found that no licensees have substantially greater holdings than any other licensee and no licensee has SMP.
- Site access (Upstream market #2): in the market for site access at a local/metropolitan municipal level, ICASA found that competition was highly ineffective with high levels of concentration in 226 out of 234 municipalities. The proposed remedy to address this failure is the redrafting of the existing regulations on the leasing of electronic communications facilities, together with more detailed guidelines on their implementation. The latter would include mandatory information publication and a prohibition on indefinite reservations of space. ICASA is also considering enforcing an accounting separation regime to allow it to enforce transparency and non-discrimination obligations.
- Roaming (Upstream market #3): in the market for roaming at a local/metropolitan municipal level ICASA found ineffective competition in that only Vodacom and MTN are present in many municipalities. Pro-competitive measures under consideration include mandatory roaming offers for areas in which a licensee is dominant and accounting separation.
- MVNO / wholesale APN services (Upstream market #4): ICASA’s view is that issues with competition in this market will be addressed in upstream markets #2 and #3 (site access and roaming) but still finds that there is ineffective competition as only one network offers MVNO services and APN prices are high relative to retail prices. ICASA will continue to monitor the success of measures in other markets in promoting competition in this market and intervene in future if necessary.
ICASA stated that it would maintain engagement with the Competition Commission to align this process with the Data Service Market Inquiry conducted by the Commission. The final outcomes of that inquiry are scheduled to be published on 2 December 2019.
[14 March 2019]
ICASA has extended the deadline for submitting written representations on the Notice, questionnaire, and/or requests for information to 29 March 2019 (previously 11 March 2019).
Revised timelines for submission of information in regard to mobile broadband services inquiry
[09 January 2019]
ICASA has published an updated response to questions from licensees seeking clarity on the market inquiry into mobile broadband services, available at the link below:
Updated responses to questions of clarity raised by licensees (8 January 2019)
[27 December 2018]
ICASA published answers to questions seeking clarity on the Notice launching this process on 21 December 2018.
Responses to clarity questions Mobile Broadband Services Market Inquiry
[16 November 2018]
ICASA has announced its intention to investigate the levels of competition in the mobile data services value chain and to assess whether regulatory interventions are needed to stimulate competition.
This process will be similar to the inquiry that led to the regulation of voice call termination rates. It follows the conclusion of ICASA’s market prioritisation process.
Notice of Intention to Conduct Market Inquiry into Mobile Broadband Services
Mobile Broadband Inquiry Questionnaire
Mobile Broadband Inquiry: Annexure A
Phases and timelines
The process will proceed as outlined in the table below, with the goal of concluding by 31 March 2020.
Please note that ICASA may add extra phases or steps, if necessary, to ensure clear communication with stakeholders. This may include conducting industry workshops or public briefing sessions related to procedural matters.
| Phase | Activity | Time allowed | Deadline* |
| 1 | Commencement and information gathering through the Notice, a questionnaire and requests for information (16 November 2018) | ||
| Submit questions of clarity on process, questionnaire and/or request for information | 10 calendar days | 25 November 2018 | |
| ICASA responds to questions of clarity | 10 calendar days | 5 December 2018 (actual 21 Dec)Revised responses 8 January 2019 | |
| Submission of written representations on the Notice, questionnaire and/or requests for information | 45 working days | 12 February 2019Revised: 29 March 2019 | |
| ICASA may requests one-on-one meetings to clarify submissions | |||
| 2 | Publication of Discussion Document | ||
| Submission of written representations on the Discussion Document | 45 working days | ? | |
| 3 | Public hearings on Discussion Document | ||
| To be advised by ICASA if it deems these necessary | |||
| 4 | Publication of Findings Document and Draft Regulations | ||
| Submission of written representations on the Findings Document and Draft Regulations | 30 working days | ? | |
| 5 | Public Hearings on Draft Regulations | ||
| To be advised by ICASA if it deems these necessary | |||
| 6 | Publication of Final Regulations and Reasons Document |
*to be confirmed
What will the outcome be?
The Final Regulations referred to in the table would potentially cover:
- Definitions of the relevant wholesale and retail markets in the mobile broadband services value chain;
- A determination as to whether there is effective competition in these markets;
- Where competition is determined to be ineffective in a market, a determination as to whether any licensees have significant market power (SMP) in that market;
- Pro-competitive obligations to be imposed on licensees with SMP designed to remedy the identified market failure;
- A schedule for the review of the defined markets; and
- Mechanisms for monitoring and investigation anti-competitive behaviour in these markets.
Confidentiality
If any of the material you want to submit is confidential then there is a process to apply for confidentiality.
Queries
Any queries or written submissions must be sent to:
Chairperson: Market Inquiry Council Committee
Councillor Botlenyana Mokhele
Block C 350 Witch-Hazel Avenue, Eco Point Office Park, Eco Park, Centurion
Tel: 012 568 3125 Fax: 012 568 3126
Email: marketInquiry2018@icasa.org.za