Mobile

Major new data, voice and SMS laws that you need to know about

Staff Writer

 ·8 Aug 2017

Government has taken it’s first big step in regulating mobile data in South Africa, including a number of new laws that Vodacom, MTN, Cell C and Telkom will have to follow.

Published in a government gazette on Monday, the Independent Communications Authority of South Africa (Icasa) has recommended that a number of changes be made to the Electronic Communications Act (ECA) which broadly governs telecommunication in South Africa.

The biggest of these will address the controversial issue of data as well as usage and out-of-bundle charges, but the amendments also introduce changes to voice, SMS and education.

Interested parties have 30 days to offer submissions on the new changes before they are officially considered before Parliament and put into law.

1. Voice and SMS

• A Licensee (for example, Vodacom, MTN, Cell C and Telkom) must now send notifications for voice and SMS usage intervals to an end-user. The intervals must show 50%, 75%, 90% and 100% service depletion. The notification must be through SMS or any other applicable means.
• Licensees must provide end-users who are on post-paid (contract)/hybrid (top-up) plans with an option to buy additional voice services or text services upon depletion of such.
• Where an end-user who is on a post-paid/hybrid tariff plan does not buy additional voice services or text services, the licensee will disconnect the end-user from access to services and allow such end-users to only use emergency services and customer care services.

2. Data

• Vodacom, MTN, Cell C and Telkom and other licensees must provide a mechanism for end-users to opt-in for or opt-out of bundle charges when their data bundle is depleted.
• This includes depletion notifications on regular intervals through SMS, USSD or any other applicable means – the interval must show 50%, 75%, 90% and 100% depletion of data bundles.
• Warning notifications when his/her data bundle has completely run out or is depleted.
• An option to buy additional data bundles upon depletion of his / her allocated data through the USSD platform or any other applicable means.
• Can no longer be defaulted automatically to out of bundle data charges upon depletion of his / her data bundles.

Data roll-over 

Vodacom, MTN, Cell C and Telkom and other licensees must adhere to the table below with regard to the validity period for data expiry.

They must notify its users with expiry of their data period within seven (7) days prior to expiry date of such data.

In addition, they must provide users with an option to roll over unused data when users recharge with data bundles before the expiry date.

3. Education

Finally, the new changes require Vodacom, MTN, Cell C and Telkom and other licensees to conduct a number of new education awareness campaigns.

This includes educating users on the use of smart phones; educating users on how to use data; and educating users on a broad range of products and services offered.

Each licensee must conduct at least four quarterly education campaigns per annum.

Read: How much your “free phone” actually costs on your new contract