| 1.1 | On 29 February 2024, the Independent Communications Authority of South Africa (“Authority”) published a notice of its intention to amend the End-User and Subscriber Service Charter Regulations 2016,1 under General Notice No. 4449 in the Government Gazette 50241 and invited public comments to the Draft Regulations2. |
| 1.2 | The Draft Regulations3 sought, inter alia, to prescribe amendments to regulations 8A and 8B, which the Authority had deferred for further consultations, as it explained in its reasons document of 29 March 20234. |
| 1.3 | The consultation was to address, among others, the following: |
| 1.3.1 | Addition of definitions to provide clarity on some of the provisions within the regulations. |
| 1.3.2 | Notifications of bundle depletion to be sent to the end-users at set intervals, and the provision for end-users on post-paid/hybrid plans to purchase additional services upon such depletion or be disconnected if end-users do not purchase additional bundles. |
| 1.3.3 | Providing end-users with an option to opt-in or out of out-of-bundle charges to minimize bill shock. |
| 1.3.4 | Allowance for the roll-over of unused bundles at the end of the validity period of such bundles without requiring action from or cost to the end-user. |
| 1.3.5 | Allowance for the unrestricted transfer of bundles by an end-user. |
| 1.3.6 | Prohibition of any out-of-bundle usage by, or out-of-bundle charges to, the end-user until such time that the end-user purchases a new bundle or opts into out-of-bundle usage and charges. |
| 1.3.7 | Sequential depletion of bundles with the earliest expiry bundles being depleted first “First Expiry First Out rule (FEFO). |
| 1.4 | The Authority received written representations on the Draft Regulations from: |
| 1.5 | The Authority published a media release on its website5 on 23 September 2024 with respect to the public hearings to be held on 01 and 02 October 2024 on the Draft Regulations. |
| 1.6 | All interested parties, except RAIN, who submitted written representations on the Draft Regulations, participated in the public hearings. |
| 1.7 | Subsequent the public hearings, the Authority requested further information in the form of questions regarding and received supplementary written representations from the following stakeholders: |
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| 1 | Government Gazette No. 39898 of 1 April 2016 |
| 2 | The due date for submission of written representations was 15 April 2024. |
| 3 | Government Gazette No 50241 of 29 February 2024. |
| 4 | Reasons Document for The End-User and Subscriber Services Charter Amendment Regulations, 2023 (Government Gazette No 48329 of 29 March 2023). |
| 5 | https://www.icasa.org.za/news/2024/icasa-to-conduct-public-hearings-on-the-draft-end-user-and-subscriber-service-charter-amendment-regulations-2024 (last accessed on: 27 May 2025) |
