Pretoria – Following media reports on the conclusion of a new wholesale roaming agreement between MTN and Cell C, and further statements suggesting that the arrangement does not require any regulatory approval, the Independent Communications Authority of South Africa (ICASA/the Authority) has commenced discussions with the parties to clarify their arrangement to the Authority.

The Authority confirms that it has been informed of the roaming agreement by the parties.

Acting in terms of Regulation 8 (1)(a) Schedule 2 of the Regulations on Standard Terms and Conditions for Individual Licences, 2010 as amended in March 2016, the Authority has requested both parties to provide all the agreements and associated information on the roaming transaction to the Authority for review and to assess compliance with the applicable law and regulations.

“The question of whether any agreement that pertains to a regulated service or use of a licensed resource (such as spectrum) requires approval or triggers regulatory compliance requirements is one which the Authority can never leave to the parties alone to determine,” says ICASA CEO, Mr. Willington Ngwepe.
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