Political Economy of Internet and Mobile Phones: South Africa Research Coordinator: Dr. Sarah Chiumbu Country Researcher: Titi Akinsanmi Political Economy of Internet and Mobile Phones: South Africa FOREWORD In 2010 the Department of Media Studies at the University of the Witwatersrand, with support from the Open Society Initiative of Southern Africa (OSISA) embarked on a twoyear long project titled, ICT Policy and New Media Cultures in Southern Africa. The research project involved a two-tiered initiative aimed at exploring the political economy of new media industries in five Southern African countries; South Africa, Mozambique, Malawi, Zambia and Zimbabwe. The first tier of the project entailed detailed ICT policy reports on each of the countries, while the second tier involved ethnographic studies on the use of ICTs by ordinary citizens, civil society and social movements. With a keen interest on the internet and mobile phones in particular, the research sought to examine the extent to which forms of ownership and financing of these media enhance or militate against universal access of citizens to these media. The focus on universal access remained crucial to the study, given that it is seen as corollary to the empowerment of citizens and the unleashing of their democratic and developmental potential in social, political, and economic processes. In a continent that is generally lagging behind in the digital age, the internet and mobile phones are being seen as key to leapfrogging into the future. With the social uprisings of the Middle East and North Africa, questions about the role of the internet and mobile phones, particularly in relation to citizen empowerment, are becoming more and more important. As such, mapping the development of these technologies in terms of emerging ownership patterns and regulatory systems and norms becomes critical, as these have direct implications for citizen access. The following report is part of a series of five country reports compiled in fulfilment of the first tier of the project. The reports specifically address questions of ownership, financing and regulation of the specified Internet and mobile phone industries and how this affects universal access to new media services by citizens in terms of affordability, accessibility, and availability. Weak regulatory bodies across region are perhaps the strongest link across all five reports. The result is ensuing problems of lack of competition, hostile markets environments for new comers and the incumbent factor of exorbitant tariffs rates. Despite the more common assumption of the digital divide segregating Africa from joining the digital revolution issues of accessibility and affordability are actually at the forefront of this challenge. The five country reports explore this phenomenon with an overwhelmingly strong trend vindicating fragile regulatory structures as the chief culprit. Similar trends include restrictive national ICT policies which present unwelcome barriers to broader initiatives of universal access. i Political Economy of Internet and Mobile Phones: South Africa TABLE OF CONTENTS FOREWORD .............................................................................................................................................. i TABLE OF CONTENTS............................................................................................................................... ii LIST OF FIGURES ..................................................................................................................................... iv LIST OF TABLES ....................................................................................................................................... iv EXECUTIVE SUMMARY ............................................................................................................................ 1 1. COUNTRY FACTS.............................................................................................................................. 2 1.1. Political Structure .................................................................................................................. 3 1.2. Economic Structure ............................................................................................................... 4 1.3. Socio and Economic Setting .................................................................................................. 6 1.3.1. Human Development Index ............................................................................................ 6 1.3.2. Gender Inequality Index.................................................................................................. 7 1.3.3. Multidimensional Poverty Index ..................................................................................... 8 1.4. 2. CONSTITUTION................................................................................................................................ 9 2.1. 3. 4. 5. Freedom of Expression ......................................................................................................... 9 MEDIA AND COMMUNICATIONS LANDSCAPE .............................................................................. 10 3.1. Print Media ........................................................................................................................... 10 3.2. Electronic/Broadcasting Media............................................................................................. 11 3.3. Telecommunications Companies .......................................................................................... 12 3.4. Policy and Regulation of the Media ...................................................................................... 14 3.4.1. Policy ............................................................................................................................. 14 3.4.2. Regulation and Licensing .............................................................................................. 16 INFRASTRUCTURE ......................................................................................................................... 19 4.1. Telecom infrastructure ......................................................................................................... 20 4.2. Electricity............................................................................................................................... 21 4.3. Broadband............................................................................................................................. 22 STATUS OF INTERNET AND MOBILE PHONES ............................................................................... 23 5.1. ii Conclusion .............................................................................................................................. 8 Status - Internet Penetration ................................................................................................ 23 5.1.1. Access ............................................................................................................................ 23 5.1.2. Number of Internet Service Providers .......................................................................... 24 5.1.3. Number of Computers .................................................................................................. 27 Political Economy of Internet and Mobile Phones: South Africa 5.2. 6. 7. 8. 9. Status - Mobile Phones Penetration ..................................................................................... 28 5.2.1. Access ............................................................................................................................ 28 5.2.2. Number of Mobile Phone Companies........................................................................... 29 OWNERSHIP, PRICING STRUCTURE AND COST ............................................................................. 33 6.1. Liberalisation of Markets: Duopolies, Affordability .............................................................. 33 6.2. Convergence: Technology Platforms and Service ................................................................. 34 6.3. Access .................................................................................................................................... 36 6.4. Ownership ............................................................................................................................. 37 6.5. Interconnection Rates ........................................................................................................... 38 6.6. Political Links ......................................................................................................................... 39 REGULATION ................................................................................................................................. 39 7.1. Regulation and Regime for Internet and Mobile Phones ..................................................... 40 7.2. Competition Laws ................................................................................................................. 40 CONCLUSIONS AND RECOMMENDATIONS ................................................................................... 41 8.1. Conclusions ........................................................................................................................... 41 8.2. Recommendations ................................................................................................................ 42 ADVOCACY STRATEGIES ................................................................................................................ 43 REFERENCES .......................................................................................................................................... 44 LIST OF ACRONYMS ............................................................................................................................... 47 iii Political Economy of Internet and Mobile Phones: South Africa LIST OF FIGURES Figure 1: Map of South Africa ................................................................................................................ 2 Figure 2: South Africa’s political landscape based on constitutional provision ..................................... 3 Figure 3: SA Human Development Index: Health, Education and Income 2010 ................................... 6 Figure 4: Trends in South Africa’s HDI component indices 1990-2010 ................................................ 7 Figure 5: South Africa’s Multidimensional deprivations compared to income poverty ......................... 8 Figure 6: Map showing existing and planned submarine fibre cables for Africa until 2010 ................ 22 Figure 7: Mobile connections vs users in South Africa between 1994 and 2008 ................................. 29 Figure 8: Mobile market shares - 2011 ................................................................................................. 38 LIST OF TABLES Table 1: South Africa Data Profile ......................................................................................................... 5 Table 2: Internet usage and population statistics .................................................................................. 23 Table 3: Mobile connection speeds and data consumption (South Africa)........................................... 24 Table 4: Internet - user population in South Africa (2009) ................................................................... 28 Table 5: Mobile and wireless data costs – prepaid and contract (MTN, Vodacom, Cell C, Virgin Mobile, Neotel, 8-ta) ........... 35 iv Political Economy of Internet and Mobile Phones: South Africa EXECUTIVE SUMMARY The telecommunication reform process in South Africa started in 1996 and since then the country has gone through two key reform processes. The first one saw the partial privatisation of the incumbent, Telkom, and the entry of a third mobile operator, Cell C, which joined the existing MTN and Vodacom. In the second phase another national fixed-line operator, NeoTel, entered the market and the market was further liberalised through the enactment of the Electronic Communications Act in 2005, leading to a converged environment. The ‘managed liberalisation’ adopted by South Africa has seen the country adopting privatisation over liberalisation and competition leading to the dominant position of Telkom. Although South Africa has five mobile phone operators and several ISPs, a significant proportion of the population, due to historical factors and monopolistic policies, do not have equitable access to ICTs. Access is severely hampered primarily as a result of exorbitant tariff rates that plague the ICT sector in the region. Exorbitant mobile tariffs translate into services for a privileged few that exclude the vast majority of middle to low income South Africans. The addition of three mobile phone operators into the market has failed to induce much needed competition into the sector as Vodacom and MTN’s duopoly continues to be the dominant force. Extremely high interconnection rates are indicators of weak regulation in the industry where mobile giants are seen to enjoy leverage over small competitors with minimal interference from regulators. Ownership structures have shown to have a direct effect on access and affordability within the South African ICT context. Despite the mobile market exhibiting an oligopolistic nature, the duopoly mentioned above have an entrenched foothold that reduces the potency of competition while dictating the terms and power relations of the sector. Anti-competitive pricing strategies by Vodacom and MTN maintain high tariff rates in the region that compromise universal access. Both giants boast prominent personalities within their respective board of directors with strong links to government and the ruling ANC. A strengthening of regulatory framework holds much potential for ICT universal access in South Africa. A tighter grip on the profiteering incentives of internet and mobile phone operators would ultimately translate into low end-user costs and greater access and affordability for ordinary South Africans. 1 Political Economy of Internet and Mobile Phones: South Africa 1. COUNTRY FACTS1 This section provides a brief profile of the country including information on the population, languages, religions, literacy, GDP, income levels, life expectancy amongst others. It gives a contextual overview of social and livelihood facts including tables and figures on the economic/social data in the form of its Human Development Index (HDI) as well as its political and economic structures as it relates to the research focus. South Africa (SA) occupies the southernmost part of the African continent, stretching latitudinally from 22° to 35° S and longitudinally from 17° to 33° E over a geographical area of 1 219 090 km2. It has a population of 49 320 150 million (2009), an annual population growth rate of 1.2% (2009) with black 79,4% being black, 9,2% white, 8,7% coloured and Asian, particularly Indian, as 2,7% of the population. Its predominant religions are Christianity, Traditional African Religion, Hinduism, Islam and Judaism. There are 11 official languages including English, isiZulu, isiXhosa, isiNdebele, Afrikaans, siSwati, Sesotho sa Leboa, Sesotho, Setswana, Tshivenda, Xitsonga. The country has nine provinces with three capitals: Pretoria in the Gauteng region serves as the administrative seat of government; Cape Town in the Western Cape province is the legislative seat; and Bloemfontein in the Free State province hosts the judicial seat of government. Figure 1: Map of South Africa 1 Based on the 2010 Mid-Year Population Estimate Report at http://www.statssa.gov.za 2 Political Economy of Internet and Mobile Phones: South Africa Education in South Africa is compulsory for all children aged 7–15 years. The SA Schools Act (Act 84 of 1996) aims to achieve greater educational opportunities for black children by mandating a single syllabus and more equitable funding for schools post apartheid. SA’s infant mortality rate as at mid-2010 was 47 per 1 000 live births with an overall life expectancy rate of 55,2 years for women and 53,3 years for men. 1.1. Political Structure South Africa is a multiparty2 parliamentary three-tier (local, provincial, national) democracy in which constitutional power is shared between the President and the Parliament. The President is the Head of State, and is elected to a five-year term by the National Assembly from among its members. The Parliament consists of two houses, the National Assembly with 350–400 members elected for five-year terms and the National Council of Provinces (NCOP), which has 90 members, 10 from each of the nine provinces and 10 non-voting delegates representing local government. The Parliament is responsible for drafting the laws of the republic. Figure 2: South Africa’s political landscape based on constitutional provision Source: http://www.bbc.co.uk/scotland/education/ms/southafrica/political/constitution/structure.shtml?flashp lugin=true&flashdetect=true&(none) 2 There are 13 political parties in south Africa namely: African National Congress (ANC), Democratic Alliance (DA), Congress of the People (COPE), Inkatha Freedom Party (IFP), Independent Democrats, United Democratic Movement (UDM), Freedom Front Plus, African Christian Democratic Party, United Christian Democratic Party, Pan Africanist Congress (PAC), Minority Front, Azanian People's Organisation, African People's Convention. The South African Communist party exists but is not officially represented in Parliament. 3 Political Economy of Internet and Mobile Phones: South Africa The National Assembly is elected by a system of proportional representation and has specific control over bills relating to monetary matters. The NCOP replaced the former Senate as the second chamber of Parliament and was created to give a greater voice to provincial interests. It approves legislation that involves shared national and provincial competencies. The third arm of the central government is an independent judiciary. The Constitutional Court is the highest court for interpreting and deciding constitutional issues, while the Supreme Court of Appeal is the highest court for non-constitutional matters. Citizens and permanent residents who are 18 years and older are allowed to vote once registered. 1.2. Economic Structure3 The South African economy is productive and industrialised exhibiting characteristics associated with developing countries, including a division of labour between formal and informal sectors, and an uneven distribution of wealth and income. It has a two-tiered economy. The first economy is formal in nature and rivals that of other developed countries. The second economy, with only the most basic infrastructure, is made up of small-scale informal entrepreneurs. The formal economic sector is based on mining and manufacturing services, transport, energy, tourism, agriculture and a growing technology and telecommunications industry. South Africa is in the enviable position of being the only country in the world that manufactures fuel from coal as well as being one of the largest producers of platinum, manganese, gold and chrome in the world. After its transition to a democratic non-racial government, a number of economic policies where put in place to address historical socio-economic imbalances while stimulating sustained economic growth. Some of these include an initial blueprint called the Reconstruction and Development Programme (RDP), which was designed to create programmes to improve the standard of living for the majority of the population. The RDP was then phased out and replaced with the Black Economic Empowerment Policy (BEE and BEEE). 3 This section draws heavily on information from http://www.southafrica.info/business/economy/econoverview.htm and http://www.oecd.org/dataoecd/48/38/1826412.pdf last accessed on 27 April 2011 4 Political Economy of Internet and Mobile Phones: South Africa The South African currency is the rand (ZAR) with a hundred (100) cents equalling one rand. The annual GDP growth between 2004 and 2007 averaged 5,0%, but fell to a rate of 3,7% in 2008 because of higher interest rates, power shortages and weakening commodities prices. GDP contracted by 1,8% in 2009 as South Africa experienced its first recession in 18 years with a GDP per capita of US$5 787.00 in 2009 while inflation averaged 11,3% in 2008 and 7,2% in 2009. In 2009 it had a total export rate of US$71,9 billion (markets include China, US, Japan, Germany, UK and sub-Saharan Africa) and an import rate of US$75.7 billion (including machinery, transport equipment, chemicals, petroleum products, textiles, and scientific instruments). Table 1: South Africa Data Profile Indicator 2005 2006 2007 2011 46,89 47,39 47,59 50.59 1,.2 1,1 0,4 1,2 242,06 254,99 277,58 408.01 GDP growth (annual %) 5,1 5,0 4,8 3.1 Inflation, GDP deflator (annual %) 4,8 6,8 8,1 5 3 3 3 2.5 Industry, value added (% of GDP) 31 31 31 31.6 Time required to start a business (days) 35 35 31 19 Market capitalisation of listed companies (% of GDP) 233,6 273,9 291,1 209.61 Foreign direct investment, net inflows (BoP, current US$) (millions) 6,522 183 5,736 5,717 424 424 424 1,371 Population, total (millions) Population growth (annual %) GDP (current US$) (billions) Agriculture, value added (% of GDP) Workers' remittances and compensation of employees, received (US$) (millions) Source: World Development Indicators database 5 Political Economy of Internet and Mobile Phones: South Africa 1.3. Socio and Economic Setting 1.3.1. Human Development Index The United Nations Development Programme (UNDP) via its Human Development Report (HDR) has published the Human Development Index (HDI) since 1990. The HDI was introduced as an alternative to conventional measures of national development, such as level of income and the rate of economic growth. It is a summary measure for assessing long-term progress in three basic dimensions of human development: a long and healthy life (life expectancy), access to knowledge (education) and a decent standard of living (income). South Africa’s HDI as at October 2010 stood at 0,597, which gives the country a rank of 110 out of 169 countries and areas with comparable data. This HDI of 0,597 is above the regional average of 0,389 for countries in sub-Saharan Africa. It is also above the average of 0,592 for medium human development countries. Figure 3: SA Human Development Index: Health, Education and Income 2010 The figure below reviews South Africa’s progress in each of the HDI indicators over 20 years. 6 Political Economy of Internet and Mobile Phones: South Africa Figure 4: Trends in South Africa’s HDI component indices 1990-2010 1.3.2. Gender Inequality Index The UNDP HDR Gender Inequality Index (GII) reflects women’s disadvantages in three dimensions – reproductive health (maternal mortality and adolescent fertility rates), empowerment (share of parliamentary seats held by each gender and attainment of secondary and higher education by each gender) and economic activity (labour market participation rate for each gender). The GII replaces the previous Gender-related Development Index and Gender Empowerment Index by showing the loss in human development due to inequality between female and male achievements in the three GII dimensions. In South Africa in 2010, women held 34% of South African parliamentary seats, and 66% of adult women have a secondary or higher level of education compared to 68% of their male counterparts. For every 100 000 live births, 400 women died from pregnancy-related causes; and the adolescent fertility rate is 59 births per 1000 live births. Female participation in the labour market was 51% compared to 67% for men. The result is a GII value for South Africa of 0,635, ranking it 82 out of 138 countries, based on 2008 data. 7 Political Economy of Internet and Mobile Phones: South Africa 1.3.3. Multidimensional Poverty Index Poverty has frequently been discussed only in terms of income poverty. The Multidimensional Poverty Index (MPI) identifies multiple deprivations in the same households in education, health and standard of living. The Figure below compares income poverty, measured by the percentage of the population living below PPP US$1,25 per day, and multidimensional deprivations in South Africa. It also shows the percentage of South Africa’s population deprived in at least one indicator in each of the three dimensions: standard of living, education and health. Figure 5: South Africa’s Multidimensional deprivations compared to income poverty In South Africa 3% of the population suffer multiple deprivations while an additional 4% per cent are vulnerable to multiple deprivations. The breadth of deprivation (intensity) in South Africa, which is the average percentage of deprivation experienced by people in multidimensional poverty, is 47%. This shows that income poverty only tells part of the story. The multidimensional poverty headcount is 23 percentage points lower than income poverty. This implies that those who are monetarily poor may still have access to non-income resources. 1.4. Conclusion South Africa has moved forward from its old economic system, which was based on import substitution, high tariffs and subsidies, anticompetitive behaviour and extensive 8 Political Economy of Internet and Mobile Phones: South Africa government intervention in the economy. The government has moved to reduce its hitherto highly active role in the economy by promoting greater private-sector investment and competition with the introduction of the Competition Law on September 1, 1999. In the last ten years it has significantly reduced tariffs and export subsidies, loosened exchange controls, cut the secondary tax on corporate dividends and improved enforcement of intellectual property laws. The growth of the media, and the telecommunications landscape particularly, began amongst others as a result of the government’s commitment to open markets, privatisation, and a favourable investment climate with its release of the neo-liberal economic strategy called Growth, Employment and Redistribution (GEAR) from 1996 2000. The strategy had a mixed outcome by bringing greater financial discipline but not delivering in key areas such as formal employment and continuing unequal distribution of wealth along racial lines. 2. CONSTITUTION The Constitution of the Republic of South Africa, 1996, was approved by the Constitutional Court (CC) on 4 December 1996 and took effect on 4 February 1997. Acclaimed internationally as progressive, the Constitution is the supreme law of the land and no other laws or action of government or the private sector can supersede its provisions. 2.1. Freedom of Expression The Constitution's Bill of Rights (chapter 2:7-39) provides for and guarantees fundamental political and social rights of South Africa's citizens, the freedom of the press and other media. Specifically of relevance to this reach on the political economy of the internet and mobile phones, the Constitution speaks to everyone having a right to privacy: ‘… which includes the right not to have: their person or home searched; their property searched; their possessions seized; or the privacy of their communications infringed.’ (Constitution Chapter 2: 14) It also gives the right to freedom of expression including: 9 Political Economy of Internet and Mobile Phones: South Africa ‘… freedom of the press and other media; freedom to receive or impart information or ideas; freedom of artistic creativity; and academic freedom and freedom of scientific research.’ (Constitution Chapter 2:16) Acknowledging its historical imbalances, freedom of expression is not extended to propaganda for war, incitement of imminent violence or advocacy of hatred based on race, ethnicity, gender or religion and that which constitutes incitement to cause harm. Lastly is the provision within the Constitution for access to information by everyone including information held by the state and any information that is held by another person and that is required for the exercise or protection of any rights (Chapter 2: 32). It also provides for the establishment of the Independent Broadcasting Authority to regulate broadcasting within the country: ‘National legislation must establish an independent authority to regulate broadcasting in the public interest, and to ensure fairness and a diversity of views broadly representing South African society.’ (Constitution Chapter 9:192) 3. MEDIA AND COMMUNICATIONS LANDSCAPE This chapter covers the media and communication landscape in South Africa providing information on relevant policies and regulation, an overview of the print, electronic and broadcasting media. It also gives a summary of the major telecommunications players operating in the country. The South African communications sector (together with transport and storage) accounts for almost 10% of the country’s gross domestic product. It boasts an outstanding broadcast infrastructure and a diversity of print and broadcast media. 3.1. Print Media There are four major print media conglomerates/publishing houses in South Africa. These are Media244 (part of Naspers, the largest media group in Africa), the Irish-based Independent News & Media (Pty) Limited5 group, Caxton Publishers & Printers Limited6 4 www.media24.com http://www.inmplc.com/ 6 http://www.caxton.co.za/ 5 10 Political Economy of Internet and Mobile Phones: South Africa and Avusa Limited7 (previously Johnnic Communications). As at March 2009, South Africa had 21 daily newspapers, 27 major weeklies, 660 consumer magazines, 735 Business-to-Business publications, 470 community newspapers and magazines, 92 television stations, 137 radio stations and over 65 DSTV audio channels. The national news agency - the South African Press Association8 , established in 1938 - is a cooperative, non-governmental agency that provides global news to the South African media market. 3.2. Electronic/Broadcasting Media The South African Broadcasting Corporation (SABC) is the public broadcaster and was established in 1936 through an act of parliament to replace the African Broadcasting Corporation formed in 1927. It was initially funded entirely by licence fees; in 1978 the UK began to collect revenues from advertising. Today, part of the funding is still generated by an annual licence fee of R228. Though its independence is guaranteed by legislation, over the last decade there have been many allegations of continuing interference and manipulation. Over the last five years, the SABC has been corporatised and restructured in an attempt to help it better fulfil its mandate. The SABC’s television network comprises four television channels – three of them freeto-air (SABC 1, 2, 3) and the fourth pay-TV (SABC Africa). Combined, the free-to-air channels attract more than 17,5 million adult viewers daily, reaching 89% of the total adult TV-viewing population. In 1986, the SABC’s monopoly on TV was challenged by the launch of a subscription-based service known as M-Net, backed by a consortium of newspaper publishers. However, it could not broadcast its own news and current affairs programmes, which were still the preserve of the SABC. The SABC’s dominance was further eroded by the launch of the first 'free-to-air' private TV channel, called e.tv. Satellite television also expanded, as M-Net's sister company, Multichoice, launched its digital satellite TV service (DSTV) in 1995. In July 2008, Multichoice launched highdefinition television, the first in Africa. Multichoice provides digital media entertainment, content and services to multiple devices, which include pay TV 7 8 http://www.avusa.co.za/ www.sapa.co.za 11 Political Economy of Internet and Mobile Phones: South Africa subscriber services to more than 1,5 million customers. Most of the SABC’s TV channels are still provided as part of this service9. The SABC’s national radio network comprises 18 radio stations. Fifteen of the SABC’s radio stations are dedicated specifically to public-service broadcasting and include 11 full spectrum stations, one in each of the official languages of South Africa, a cultural service for the Indian community broadcasting in English, a regional community station broadcasting in isiXhosa and English and a community station broadcasting in the Xu and Khwe languages of the Khoisan people of the Northern Cape. A number of community radio stations also exist. They have a huge potential for the support of, among other things, cultural and educational information exchanges. These radio stations use all indigenous languages, ensuring that people receive information in languages they understand. The independent Media Development and Diversity Agency10 (MDDA) jointly funded by government, the media and other donors works to foster diversity, particularly in community and small commercial media, and to redress imbalances in the industry. It awards grants to community radio, TV, newspapers, magazines and small commercial newspapers, throughout the country. 3.3. Telecommunications Companies Mobile Licensing is a relatively new development in many telecommunications markets across Africa. Historically, state-owned incumbent operators provided telecommunication services on a monopoly basis in most markets. Telecommunications operators were treated as part of public administration along with postal services, and licences were not considered necessary. In many cases licences for incumbent telecommunications operators were prepared as part of the privatisation process11. In environments where the regulatory sector is well developed, the Ministry has to 9 www.sabc.co.za and http://en.wikipedia.org/wiki/South_African_Broadcasting_Corporation 10 11 http://www.mdda.org.za/ Addy-Nayo C (Unknown) 3G Mobile Policy: The case of Ghana 12 Political Economy of Internet and Mobile Phones: South Africa approve and issue licenses recommended by the regulator, which in South Africa is ICASA12. In the last seven years, South Africa has witnessed tremendous growth in its telecommunications sector with an outstanding infrastructure particularly in the mobile phone industry. Vodacom and MTN were granted licences to operate in 1993, Cell C followed suit in 2001, and Virgin Mobile and 8-ta came much later. South Africa boasts a 100% mobile penetration rate with a network that is 99% digital and includes the latest in fixed line, wireless and satellite communications, making it the most developed telecommunications network in Africa. In 2001, the Telecommunications Amendment Act was passed and it triggered the enablement of the DoC to take the first steps towards liberalising the South African telecommunications market, increasing competition and, as a by-product, stimulating the sector to bring down the costs of communications and remove constraints on growth. Next was the passing of the Electronic Communications Act (ECA) in 2005. The objective was to remove policies that hinder the development of cross-sector applications, services and businesses and to enable the sector to reflect the integration of telecommunications with Information Technology (IT), broadcasting and broadcasting signal distribution. It also speaks to empowering citizens by detailing avenues that would improve their access to information and knowledge13. The passing of the ECA marked a new regulatory framework for liberalising the telecommunications market in South Africa. Since then South Africa has made some strides towards further liberalising its telecommunications market. 12 Presentation by Mindel De La Torre, ITU Workshop on Telecommunications Reform, Gaborone, Botswana, May 1999 13 The department has identified the following priority areas. First is the Broadcasting Digital Migration Strategy, which had the first terrestrial digital signal switched on 1 November 2008 and the analogue one will be switched off on the same date in 2011, giving the country a dual illumination period of three years. The strategy was approved in July 2008. This was an historic milestone in the country as South Africa joined pioneer countries in the ICT sector. Second is the Universal Service and Access Policy and Strategy (USAASA). USAASA was established in terms of Section 58 of the Telecommunications Act, 1996. The main role of the agency is to promote universal service and access to ICTs and services for all South Africans. It also facilitates and offers guidance in evaluating, monitoring and implementing schemes, which propose to improve universal access and service. In addition, it is involved in setting up telecentres, which provide ICT services, especially in rural areas, on a cost-recovery basis. 13 Political Economy of Internet and Mobile Phones: South Africa It should be noted though that the sector has not grown without major hiccups such as the debacle around liberalisation, the compulsion of Value Added Networks (VANs) to utilise the network services of main competitors and the ensuing case taken to the Supreme Court by Altech Autopage14. As of June 2012, though, South Africa has five major mobile phone service providers, namely Vodacom, MTN, Cell C, Virgin Mobile and 8.ta, the first three also having a significant footprint across the African region. Established entities such as Telkom and Multichoice secured market share under prior monopoly regimes, which make it difficult for new entrants to offer competitive telecommunications services (e.g. pay-TV and internet). The latter part of this paper speaks more to the status of the internet and mobile phone industry as well as to the specifics of the players in the sectors. 3.4. Policy and Regulation of the Media 3.4.1. Policy The Department of Communications (DoC) is the arm of government directly responsible within South Africa for all things to do with communication: print, electronic and broadcasting. Charged with formulating and overseeing policy implementation for the communications sector, the DoC’s mandate is to create a favourable Information and Communications Technology (ICT) environment, ensuring that South Africa has the capacity to advance its socio-economic development goals and support the renewal of Africa and the building of a better world. The Presidential National Commission on Information Society and Development and the Presidential International Advisory Council on the Information Society and Development advise the government on ICT policy. With this dedicated focus on the part of the government institutions and committees in mind a number of acts and strategies have been formulated and adopted over the last few years. The first of these was the Telecommunications Policy White paper of 199615, which speaks to universal service, market structure and the establishment of an independent 14 See McLeod, D (2008) Licences on the Line: Minister’s Policy directive sows confusion in telecom sector. Financial Mail 4 July 2008. BDFM: Rosebank 15 Telecommunications Policy White Paper, 1996, Department of Communications. Republic of South Africa: Pretoria 14 Political Economy of Internet and Mobile Phones: South Africa regulator. It also gave four years of exclusivity for the incumbent telecoms provider, Telkom. It was charged with providing fixed line services as a monopoly in return for it rolling out telecoms infrastructure across the country to previously disadvantaged sections. The issue of convergence though was not adequately addressed in the White Paper of 1996 or in the Broadcasting Policy of 1998 though it was recognised as the reality of modern telecoms. This lead to the introduction of the Electronic Commerce Green Paper of 2000, then the Draft Convergence Bill of 2003, which was passed as a Bill by Parliament in February 2005 as the Electronic Communications Act of 2006. The Electronic Communications Act16 (Act 36 of 2006) sought to remove policies that hinder the development of cross-sector applications, services and businesses. The Act enables the sector to reflect the integration of telecommunications with Information Technology (IT), broadcasting and broadcasting signal distribution. It also empowers citizens with better access to knowledge and information. The Telecommunications Amendment Act17 (Act 64 of 2001) has enabled the liberalisation of the South African telecommunications market, increased competition and, as a by-product, stimulated the sector to significantly reduce the cost of communications and remove some of the existing constraints on growth. The National Information Society and Development Plan18 and the National E-Strategy adopted by the DoC in 2007 are some of the blueprints that guide the country’s engagement in building an advanced information society. By June 2009, the Department of Communications began work on the development of an Integrated National ICT Policy Framework. The policy framework seeks to promote the convergence of technologies and stimulate the growth of the economy in line with the objectives of the National Industrial Policy19. It encourages e-commerce activities and a continuing expansion of ICT infrastructure, linking rural and urban communities as well as uplifting the poor. 16 17 http://www.info.gov.za/view/DownloadFileAction?id=67890 last accessed 27 April 2011 http://www.info.gov.za/view/DownloadFileAction?id=68166 last accessed 27 April 2011 18 http://www.pnc.gov.za/index.php?option=com_docman&task=doc_download&gid=4&Itemid=100071 last accessed 27 April 2011 19 http://www.thedti.gov.za/nipf/nipf.htm last accessed 27th April 2011 at 12:12pm 15 Political Economy of Internet and Mobile Phones: South Africa The South African National Broadband Policy was finalised in June, 2010. The policy provides a coordinated national approach to the provision of affordable, reliable and secure broadband infrastructure and services for all of South Africa by 2019. Operation of the policy is to be lead by an intergovernmental broadband implementation committee. Their goal is to draw up and coordinate the implementation plan. It is noted, though, that at the time of this research this committee is not multi-stakeholder in nature. The challenge it faces is how it will approach infrastructure development in rural areas where, to date, the private sector has shown no real interest in investing in capabilities for internet connections and creating high-speed access to data (CPA, 2010). These pieces of legislation, policies and laws are all complimented by relevant sections of generic legislation. These include the competition legislations and other ministries involved in pronouncing policy directives such as the Ministry of Trade and Industry, the Justice and Constitutional courts and Public Enterprises. The South African Consumer Protection Act (CPA) came into effect on 1 April 2011 and this saw the establishment of the National Consumer Commission (NCC) as well. It is important to note that the CPA, recognising the potential for overlap with existing regulatory policies, made provisions for liaising to coordinate and harmonise the exercise of jurisdiction on matters of common interest: ‘… and for that reason to negotiate agreements with such authorities in order to coordinate and harmonise the exercise of jurisdiction over consumer matters in the relevant sectors (Section 97 of the CPA)’ These policies, anchored in the South African Constitution, are administered/overseen by a government established body as well as industry bodies, which provide a form of self-regulation amongst sectoral players. 3.4.2. Regulation and Licensing Regulation occurs in a number of formats from legal restrictions promulgated by a government authority to self-regulation, social regulation, co-regulation and/or market regulation (internationally or locally)20. In South Africa regulation of the 20 Thornton, L. (2006) Telecommunications – an overview. In Thornton, L. Carrim, Y. Mtshaulana P. & Reburn, P. Eds. 2006 Telecommunications law in South Africa, pp16 – 48. Ste publishers: Parktown 16 Political Economy of Internet and Mobile Phones: South Africa telecommunications sector (internet and mobile) is accountable to both domestic and international conventions. Based on a constitutional mandate (Constitution Chapter 9:192), the broadcasting regulator - the Independent Broadcasting Authority (IBA) - was set up in 1993 as part of the outputs of Independent Broadcasting Authority Act. Prior to its amendment in 2001, section 5 of the Telecommunications Act had made provision for the establishment of the South African Telecommunications Regulatory Authority (SATRA). The White Paper on Telecommunications Policy sets out the objectives of SATRA. On 1 July 2000, SATRA was dissolved. The ICASA act of 2000 provides for the establishment of ICASA as the independent authority to regulate broadcasting and the telecommunications sector. It also provides for the dissolution of SATRA and the IBA, and the transfer of their functions to ICASA. This was seen at the time as an acknowledgement of the realities of convergence between broadcasting and telecommunications and the need for coherent regulation of both sectors. Thus ICASA derives its mandate from four statutes. These are the ICASA Act of 2005; the Independent Broadcasting Act; the Broadcasting Act, the Telecommunications Authority Act and the ICASA Amendment Act; and the Electronic Communications Act, which substantially amended the IBA Act of 1993 and the Broadcasting Act of 1999. The Minister of Communications, the DoC, the Independent Communications Authority of South Africa (ICASA) and the Competition Commission (instituted based on the Competition Act of 1998 dealing with competition and related issues) regulate the telecommunications industry in South Africa. ICASA deals with the day-to-day regulation of the telecommunications industry. Its functions are largely not at the policy-making level but more at the operational and implementation levels with the power to make regulations and participate in the licensing process as a licensing authority. Enabling legislation also empowers ICASA to monitor licensee compliance with license terms and conditions, develop regulations for the three sectors, plan and manage the radio frequency spectrum as well as protect consumers of these services from unfair business practices, poor quality services and harmful or inferior products. 17 Political Economy of Internet and Mobile Phones: South Africa ICASA is also charged with the power to adjudicate disputes arising between service providers, or between service providers and consumers. As part of its responsibility as a watchdog for the telecommunications industry, ICASA has to ensure level playing fields where rules apply equally to all industry players by having open and transparent processes. Some of the strategies adopted include consultative processes in developing rules, regulations and policies and ensuring fairness through its adjudication functions. A major responsibility for ICASA is its protection and championing of consumers’ rights. It is tasked with educating consumers on ICASA’s role and function in handling complaints while informing them of their rights and the procedures for ensuring a fair hearing and settlement in cases where poor service is rendered. It also works on behalf of the consumer community to promote the attainment of universal service and access. It does this by putting requirements in operators’ licences to roll out services in under-serviced areas and ensuring that licensees contribute to the Universal Service Fund. ICASA does not however administer the Universal Service Fund; it merely receives monies on behalf of the Universal Service Agency (USA). The South African telecommunications industry is a rule-based economic arena accountable to legal instruments of not just the country but also to international conventions that it is signatory to21. Thus in regulating the industry ICASA aligns its actions, policies and regulations with the framework set by international and regional bodies to which it is affiliated. These include the Telecommunication Regulatory Association of Southern Africa (TRASA), the International Telecommunications Union (ITU), the International Institute of Communications (IIC) and Reseau Des Instances Africaines De Regulation De la Communication (RIARC). TRASA was formed by the members of the Southern African Development Community (SADC) and came into being on 15 September 1997. It was established out of two articles in the SADC Protocol on Transport, Communications & Meteorology, namely section 10.7 and 13.13. Its goal is to increase communication and coordination between regulatory authorities with uniformity of telecommunications regulation in the SADC region. Its goal is also to encourage investment in the telecommunications sector in the 21 Dagada, R., Mukwevho H.S and Schofield A. (Unknown) Telecommunication Revolution in a Developmental State: South Africa becomes ICT Phenomenon Unpublished 18 Political Economy of Internet and Mobile Phones: South Africa region by supporting the creation of a common enabling environment for all stakeholders. It aims to promote the establishment and operation of efficient, adequate and cost-effective telecommunications networks and services in the SADC region, which meet the diverse needs of customers while being economically sustainable. As the regulator of the communications and postal sectors, the authority’s leadership extends a hand of engagement, co-operation and collaboration to all stakeholders in the industry. Stakeholders refer to licensees and operators, non-governmental groups and municipalities, institutions of learning, the media and the South African public in general. As part of its mandate for improving delivery, it has a number of flagship projects planned including the development of Local Loop Unbundling regulations, licensing spectrum in the 2.6 GHz and 3.5 GHz bands and monitoring the impact of call termination regulations on the retail voice market with regard to the affordability of services for consumers. 4. INFRASTRUCTURE This section gives an overview of the infrastructure landscape for South Africa in relation to the wider African and SADC region. It identifies the existing infrastructure connections from fibre cables to shared satellite platforms. Regional Context The Southern African Development Community (SADC) has as its main goal the integration of the politics and economies of its 14 Southern African member states. With this goal in mind it adopted the Protocol on Transport, Communications and Meteorology in 1998. This protocol requires member states, including South Africa, to harmonise their telecommunications regulatory environments, and to create similar standards, network provisions, performance standards, regulatory structures and universal service policies. In the same vein the African Union of which South Africa is a member, works to create partnerships between nation members to strengthen and grow the ICT industry across the continent. It does this by promoting and establishing funding and finance mechanisms, by establishing institutions such as NEPAD and developing appropriate policy and regulatory frameworks and human resources development. 19 Political Economy of Internet and Mobile Phones: South Africa South Africa is also a member of the World Trade Organisation, membership of which requires adherence to specific principles including free trade through tariff reduction, non-discrimination against foreign players, market liberalisation, increased competition and policy transparency. Within the telecommunications framework agreement in the WTO, South Africa is bound to ensure access to and the use of public telecommunications transport networks or services offered within or across the borders of South Africa by WTO members. It also has to ensure that relevant information on conditions affecting access to and use of public telecommunications is publicly available while also providing information on specifications of technical interfaces with such networks and services. Lastly, it must ensure access on reasonable and non-discriminatory terms and conditions of use22. 4.1. Telecom infrastructure The telecommunications industry is one of the fastest growing sectors of the South African economy, and in 2008 it was rated the fourth-fastest growing telecommunication market in the world (SouthAfrica.info 2008). South Africa’s local telecommunications infrastructure provides modern and efficient services to urban areas, but at comparatively high costs and with limited coverage in rural areas. In 2011 there was an estimated 40 million cellphone users in South Africa. Motloung (2008) indicates that there is a 55% penetration rate of mobile phones in villages with fewer than 500 people while landline phones and PCs seat at a very low 6% and 2% respectively23. Over the last ten years, SA has gradually lost its predominant leadership position in the Telecoms and the broader ICT sector. It has moved from having 50% of all internet hosts and internet subscribers to being in fifth position in 2009. This has been as a result of better regulation policy and an ever-increasing investment in ICTs across the African region (ICASA, 2011). As noted in the previous chapter on policy and regulation, the continuing challenge is how government can further enable the private sector, via its policies and regulation that will support profitability, to invest extensively in rural 22 http://www1.american.edu/initeb/cl5693a/southafricasources.htm Motloung, M (2008). Please try again later: bridging the digital divide is proving more difficult than the state imagined. Financial Mail, 28 March 2008. BDFM: Rosebank 23 20 Political Economy of Internet and Mobile Phones: South Africa areas. This directly impacts the economic development of the hinterland, which hitherto has largely been left behind in the Telecoms boom. With the introduction of policy to deregulate and liberalise the sector there has been some improvements and advancement in the sector with lower prices to consumers and the opening of the market to more players (small to medium sized). ICT infrastructure is being rolled out in local and provincial governments to augment private capital initiatives. This will be discussed in some detail in the section on the status of the internet. Telecoms infrastructure though would be useless if there was inadequate or even more expensive electrical power supply to support its rollout and use. Over the last ten years, SA has gradually lost its predominant leadership position in the Telecoms and the broader ICT sector. It has moved from having 50% of all internet hosts and internet subscribers to being in fifth position in 2009. This has been as a result of better regulation policy and an ever-increasing investment in ICTs across the African region (ICASA, 2011). As noted in the previous chapter on policy and regulation, the continuing challenge is how government can further enable the private sector, via its policies and regulation that will support profitability, to invest extensively in rural areas. This directly impacts the economic development of the hinterland, which hitherto has largely been left behind in the Telecoms boom. 4.2. Electricity Eskom is the national power-generating authority for South Africa. It generates approximately 95% of the electricity used in South Africa and approximately 45% of the electricity used in Africa. It generates, transmits and distributes electricity to industrial, mining, commercial, agricultural and residential customers and redistributors. Additional power stations and major power lines are also being built to meet rising electricity demand in South Africa24. It is noted that Eskom also buys electricity from and sells electricity to the countries of the SADC. 24 www.eskom.co.za 21 Political Economy of Internet and Mobile Phones: South Africa 4.3. Broadband Telkom was the first provider of ADSL service in South Africa, in 2002. Since then, ADSL prices have significantly reduced largely as a result of competition from other providers and from mobile network operators, and also as a result of a range of fibre-optic cables such as the proposed East African Submarine System (EASSy) SEACOM cable25. It should be noted that the US-led SEACOM project is the first of a series of undersea cable projects to become operational and from which South Africa will derive great benefit. SEACOM's landing stations are planned to operate on a market-based, ‘openaccess’ system26. Figure 6: Map showing existing and planned submarine fibre cables for Africa until 2010 25 SEACOM provides the first access to broadband connectivity for countries on Africa’s eastern and southern seaboard, which were previously 100% reliant on Telkom's (the incumbent monopoly in South Africa) expensive satellite-based technology see http://www.seacom.mu/ 26 Esselaar S. Gillwald, A. Sutherland, E. 2007. The regulation of undersea cables and landing stations. LINK Centre: Johannesburg 22 Political Economy of Internet and Mobile Phones: South Africa The DoC’s initial stance that ownership of all broadband undersea cables that land in South Africa be owned by a majority of South African companies almost scuppered plans to encourage foreign investors prior to its withdrawal by the DoC27. The establishment of the Broadband Infraco by the Department of Public Enterprise in 2007 was an attempt to address the need for broader and cheaper access for consumers (public and private) as provided by broadband Internet Service Providers. Its mandate was to supply the capacity and bring down the cost of broadband by providing and owning the long-distance haul and employing the Full Service Network (FSN) deployed by Eskom and Transnet. 5. STATUS OF INTERNET AND MOBILE PHONES 5.1. Status - Internet Penetration This section gives a descriptive overview of the status of the internet industry in South Africa. By focusing on the SA ecosystem with information about sectoral players (major and minor), it shows available data on access and penetration rates. 5.1.1. Access It will be of research interest, in another couple of years, to examine how the operationalisation of Infraco, SEACOM and other broadband offerings (such as the NEPAD broadband project28) will change the current ratio of internet users when compared to the country’s population as shown below from 2000 to 2009. Table 2: Internet usage and population statistics YEAR 2000 2001 2002 2003 2004 2005 2008 2009 Users 2 400 000 2 750 000 3 100 000 3 283 000 3 523 000 3 600 000 4 590 000 5 300 000 Population 43 690 000 44 409 700 45 129 400 45 919 200 47 556 900 48 861 805 43 786 115 49 052 489 % Pen. 5.5 % 6.2 % 6.8 % 7.1 % 7.4 % 7.4 % 10.5 % 10.8 % Usage source ITU IWS ITU World Wide Worx World Wide Worx World Wide Worx World Wide Worx World Wide Worx Source: http://www.info.gov.za/aboutsa/communications.htm#access last accessed 27 April 2011 27 Kasonde, T. (2007) Controversy continues over undersea cables. Available online: http://www.bizcommunity.com/Article/416/16/19429.html last accessed 14 June 2011 28 This is a continental initiative that aims to connect African countries to one another and to the rest of the world through a fibre-optic cable network that will result in the provision of affordable broadband capacity. 23 Political Economy of Internet and Mobile Phones: South Africa The internet ecosystem has also been influenced by the convergence occurring in the technological sector with more people accessing the internet via their mobile phones and other handheld devices. Below is a table showing the mobile connection speeds and data consumption for South Africa between the fourth quarter of 2009 and the third quarter of 2010. The next section speaks to the status of the mobile phone industry. Table 3: Mobile connection speeds and data consumption (South Africa) Year Q4 2009 Q1 2010 Q2 2010 Q3 2010 Average kbps Peak kbps 485 465 522 495 – 835 959 928 Average monthly usage – 142 216 177 Akamai Report: Mobile Connection Speeds & Data Consumption Source: http://mybroadband.co.za Source: www.internetworldstats.com 5.1.2. Number of Internet Service Providers The telecommunications industry in South Africa went through a lot of changes postapartheid in 1994. A major part of this was the opening up of spectrum and liberalisation of licensing and the market to more VANs. This applied to data communications and Internet Service Providers of which there are over 300 in the country. Due to the managed liberalisation path chosen by the DoC putting VANs in a position of procuring services from market competitors, the effective growth of these VANs has been affected by the market domination of Telkom and other large players with policy protecting them from full-fledged competition for a number of years (Dagada, unknown). Telkom: Founded 19 years ago, Telkom was listed on the Johannesburg Stock Exchange in March of 2003. It is owned 39,8% by Government, 8,9% by Black Ginger 33 (Pty) Ltd, 4% by Public Investment Corporation, 3% by Telkom Treasury Stock, and the remaining 44,3 % is considered ‘Free Float’ (Telkom Investor Relations 2011). In February 2007, it bought Africa Online, the largest Pan-African Internet Service Provider in sub-Saharan Africa. By May of the same year, it had acquired a 75% stake in Nigeria’s second-largest private telecommunications operator, namely Multilinks. It eventually became the sole owner in January 2009. 24 Political Economy of Internet and Mobile Phones: South Africa On 21 April 2009, Telkom acquired a 100% interest in MWEB Africa Limited. MWEB Africa is a group of companies offering internet services and its own VSAT access services in sub-Saharan Africa (excluding South Africa). Telkom formally launched its data centre operation, branded Cybernest, in Bellville, Cape Town, on November 19 2009. Internet Solutions: Internet Solutions (IS) was launched in 1993, and has become a leading African Internet Protocol-based (IP) Communications Service Provider. It was the first commercial Internet Service Provider (ISP) in South Africa (Internet Solutions, 2011). It is a wholly owned division of Dimension Data providing converged communications services (hosting, access, security solutions, virtual private network, mobile solutions, voice over Internet solutions, broadband and applications services) to over 80% of South Africa’s top companies. Mweb: Owned by the Naspers group, Mweb was established in 1997. As at 2011, it provides internet service to about 320 000 South African users, which includes home users, business customers and corporate clients (Mweb website). It owns the largest VSAT (Very Small Aperture Terminal) corporate internet base in subSaharan Africa. Mweb is a participant in the Business-to-Business (B2B) and Business-to-Consumer (B2C) eCommerce markets. Its business division provides integrated commerce solutions to retailers. Sentech29: Sentech is a broadband network business accommodating narrowband functionality on a common platform, supplying communication solutions and services to wholesale and retail customers in chosen markets in South Africa and the rest of the continent. It began operation in 1992 as a technical and broadcast arm of the SABC, distributing signal for transmissions related to it. It owns and operates about 210 terrestrial broadcasting transmitter sites where short-wave, medium wave, FM, television and MMDS (Multichannel Multipoint Distribution Service) transmitters (over 1200) are housed to provide services to various broadcasters. It is also in possession of satellite transmission systems, 29 www.sentech.co.za 25 Political Economy of Internet and Mobile Phones: South Africa which it operates to provide connection for terrestrial transmitter networks and direct satellite broadcasting services30. After the triple enquiry report done by the IBA in 1995, it was recommended that Sentech become a public company functioning as a commercial entity obtaining funding from the South Africa Parliament. Sentech continues to be beset by a range of problems from financial to operational, yet it is tasked with South Africa’s digital migration. iBurst: iBurst Mobile Broadband Internet Technology began operations in 2005, and is 100% owned by Wireless Business Holdings (Pty) Ltd, which in turn was founded in 1999. It constructed a network backbone behind the National Lottery in South Africa, and in these early days offered nationwide wireless data services (running on its WiMax spectrum) covering about 95% of the SA population. This infrastructure is now being used to provide commercial wireless broadband data network using the same iBurst technology. WBS Shareholders include the South African National Civics Organisation (SANCO), the National Union of Metal Workers of South Africa (NUMSA) and Vodacom (bought a 10% stake in WBS in 2006). ISPA: The Internet Service Providers Association (ISPA) is a voluntary South African internet industry body. Established on 6 June 1996, the association currently represents in excess of 150 Internet Service Providers with a diverse range of services and target markets. The Minister of Communications formally recognised ISPA as an Industry Representative Body in terms of section 71 of the Electronic Communications and Transactions Act, 2002 on 20 May 2009. ISPA has and continues to influence and shape telecommunications policy in South Africa since its formation in 1996. The association has provided submissions and feedback to such key pieces of legislation as the Telecommunications Amendment Act, the Electronic Communications and Transactions Act, the Electronic Communications Act, the ICASA Amendment Act, the Regulation of Interception of Communications and Provision of Communicated-related Information Act as well as various other associated 30 www.sentech.co.za last accessed 14th June 2011 26 Political Economy of Internet and Mobile Phones: South Africa regulations. ISPA encourages members to participate in discussions relating to policy issues and has very active working groups, including the regulatory submissions working group and a working group that deals with fair competition issues. The Internet Service Providers’ Association (ISPA) currently operates two Internet Exchange points, namely the Johannesburg Internet Exchange (JINX) and Cape Town Internet Exchange (CINX). Internet Exchanges (INXs) provide a mechanism for ISPA’s members to interconnect their networks and exchange traffic. The exchanges encourage the local routing of internet traffic not destined for international locations. These exchange points are a vital part of SA's internet infrastructure as they connect most of the local IP networks, and lead to more efficient traffic exchange. It should be noted that both Cell C and MTN do voice interconnection at the INXs run by ISPA. Entirely funded by annual membership fees and contributions from its members, ISPA is represented by a management committee elected by ISPA members at an annual general meeting. A website is maintained at http://www.ispa.org.za where a list of the members can be found. 5.1.3. Number of Computers The total population of internet users in South Africa, according to a study by World Wide Worx, indicates that having passed the 5,3 million mark for internet users in South Africa implies that internet usage penetration has exceeded 10% (WorldWideWorx 2010). A 2010 report by Akamai, however, rates South Africa as one of the 86 countries with average internet speed (below 1Mbps) (Muller 2011). The table below shows updated figures representing the total number of internet users in South Africa in 2009. These figures do not include individuals whose main method of accessing the internet is through internet cafes or other public facilities. It should also be noted that the number of broadband (b/b) users is much larger than the users who access the internet via dialup in 2009. 27 Political Economy of Internet and Mobile Phones: South Africa Table 4: Internet - user population in South Africa (2009) Total wireless broadband subscribers Unique wireless broadband users ADSL broadband users Total broadband users Dial-up internet users Corporate users (mainly leased lines) SME users (additional, mainly ADSL) Academic users Total internet user population 1 494 000 930 000 630 000 1 560 000 250 000 2 060 000 506 000 540 000 5 3 million Source: Goldstuck, 2010: 75 – 137 (Abraham and Goldstuck) 5.2. Status - Mobile Phones Penetration 5.2.1. Access The figure below illustrates the ratio of connected lines to phone users between 1994 and 2008, as presented in the 2009 annual mobility study by World Wide Worx. The study revealed that in spite of the (about) 100% mobile phone penetration, the cellular market still continues to grow tremendously. The low cost of new SIM cards (around 50c/starter pack) has made it easier for individuals to own more than one phone line, hence there has been a significant increase in cellular connections, but not necessarily an increase in cell phone users. The ratio of SIM card per cell phone user has grown from an average of 1:1 in 1997 to 1:1,2 in 2003 and 1:1,47 by the end of 2008 (WorldWideWorx 2009). 28 Political Economy of Internet and Mobile Phones: South Africa Figure 7: Mobile connections vs users in South Africa between 1994 and 2008 5.2.2. Number of Mobile Phone Companies The South African mobile communications market is a highly competitive and rapidly changing environment. Included in the range of new competitors are four broadband suppliers and the imminent entry of two fixed line operators who are all actively involved in giving back and growing the local communities via social responsibility initiatives. Currently there are two fixed line operators: Telkom, the incumbent monopoly, and Neotel, which was licensed in 2003. Mobile Telecommunications Network (MTN): Launched in 1994, the MTN Group is a multinational telecommunications group operating in 21 countries in Africa and the Middle East. The MTN Group operates three business divisions: MTN-SA (South Africa), MTN International and Strategic Investments. They are currently listed on the Johannesburg Stock Exchange under the Industrial Telecommunications Sector (which falls under the Industrial Non-Cyclical Services). The MTN Group Limited (MTN Group) is a leading provider of communication services, offering cellular network access and business solutions. 29 Political Economy of Internet and Mobile Phones: South Africa MTN is a leading provider of cellular network services in Africa. MTN obtained a licence to operate in South Africa in 1993, and launched commercially in June 1994. In March 2012 MTN recorded 170 million subscribers across the group (the entire global corporations), and by 2011 MTN South Africa had claimed a market share of 35% with a subscriber base of 19,8 million. A number of customer-focused products have been introduced such as mCharge, a virtual recharge mechanism, and the introduction of R5 as MTN’s lowest airtime denomination, which is targeted at dormant and low-usage customers. Two new pricing plans, PAYG call per second peak and peak maximiser reposition, were also introduced. They are designed around peak use and targeted at high usage prepaid customers. Looking forward, MTN South Africa plans a range of network roll out to improve quality of service, capacity and self-provisioning. In particular, Data and 3G are expected to show stronger growth due to more competitive pricing and increased coverage. MTN South Africa operations are completely held by the MTN Group. Ownership, as reported in 2005, was 85,11% public held, and 14,89% non-public held (directors of MTN group, MTN group employees, Newshelf 664 Ltd, and MTN Holdings Share Trust) (African Telecoms News, 2005). In 2010, MTN began a Broad-Based Black Economic Empowerment (BBBEE) transaction, which involved divesting 4% equity ownership to black South African investors (MTN Group, 2010), in a bid to broaden MTN South Africa’s BEE ownership. Cyril Ramaphosa is the director and chairman of MTN South Africa, with interests in various other sectors of the MTN group. Ramaphosa is a former Member of Parliament and previous Secretary General of the ANC, South Africa’s ruling party, and former Secretary General of the National Union of Mineworkers. Apart from this, Ramaphosa once chaired the Constitutional Assembly and the Black Economic Empowerment Commission. Ramaphosa thus enjoys strong links to the government and the ruling ANC. Vodacom: The Vodacom Group provides voice, data, messaging, broadband and converged services to over 40 million customers. Its business segments consist of Vodacom South Africa, Vodacom Lesotho, Vodacom Mozambique, Vodacom Tanzania and Vodacom DRC. The group offers a range of converged services 30 Political Economy of Internet and Mobile Phones: South Africa through Vodacom Business and Gateway, a provider of communications services to multinationals and network operators. Since its commercial launch in June 1994, Vodacom has consistently had the larger market share in terms of customer figures, network roll out and product innovation amongst South Africa’s cellular network operators. It is noted also that Vodacom was the first operator to offer a cellular fax and data service, prepaid cellular, TV content (a soap opera) and 3G HSDPA network in South Africa. In 2009, Vodafone Group acquired a majority stake in Vodacom, which has enabled the South African arm to partner with Neotel and MTN in implementing a new fibre-optic network. Vodacom was granted a licence to operate in South Africa alongside MTN in 1993 and it began operations in 1994. Vodacom South Africa is considered the market leader within the country with a claimed market share of 53% and a subscriber base of about 26 million. Vodafone is the majority owner of Vodacom (Vodacom, 2010). Vodafone and Telkom were previously 50% joint shareholders of Vodacom; Telkom however divested from the company and launched its own mobile service in August 2010 (8-ta) (Telkom 2010). Fifteen per cent of Telkom’s shares in Vodacom were acquired by Vodafone, and the remaining 35% were unbundled to members of the public who were existing shareholders (Engineering News 2009). Mthandazo Peter Moyo is the director and chairman of Vodacom’s board. Moyo’s business interests extend into Amabubesi Group where he holds various directorships. Moyo was appointed chairman of the Vodacom Group in May 2009. Prior to his appointment at Vodacom, Moyo served on the board of Telkom where he assisted in the company listing on the JSE. Another member of the board is Jabulani Moleketi, who is a chairman at the Development Bank of South Africa. Moleketi is also the former Deputy Minister of Finance and former MEC of Financial and Economic Affairs in the Gauteng Provincial Government. Cell C: Cell C was launched in 2001 – a record eight years after the first cellular phone providers were licensed to provide mobile phone services in South Africa. Mobile phone users welcomed the new service provider with the hopes of experiencing better tariffs as a result of the increase in competition within the market, and the end of the duopoly by MTN and Vodacom (African Telecoms News 2005). Cell C 31 Political Economy of Internet and Mobile Phones: South Africa is 100% owned by 3C Telecommunications, which is 60% owned by Oger Telecom South Africa, a division of Saudi Oger; 25% owned in an unencumbered holding by CellSAf, (a Broad-Based Black Economic Empowerment entity representing over 30 black empowerment companies and trusts); and 15% by Lanun Securities SA (Lanun is a wholly owned subsidiary of Saudi Oger Ltd). Alan Knott-Craig was appointed as Chief Executive Officer of Cell C in April 2012. Knott-Craig has a long history in the telecommunications industry and joined Cell C after a four-year retirement from the sector. He served as the Chief Executive Officer of Vodacom prior to which he was the General Manager of Mobile Communications at Telkom. Cell C's network currently covers more than 30% of South Africa's geographic area and 87% of the population. Roaming agreements exist with over 559 telecommunications operators in 188 countries. Data roaming services are available on 312 roaming partner networks in 123 countries. 3G roaming agreements exist with 113 networks in 79 countries. Cell C's customer market share is currently 14.5% with a customer base of 6.9 million, and a market share 14.5% (Cell C, 2010). Cell C is noted for bringing competitive market reshaping options to customers from its operation on a dual band network and offering cost-effective call options such as per second billing. They are also currently building the first HSPA+ 900 network in South Africa. It is noteworthy that Cell C has created more than 8 500 entrepreneurial and job opportunities with their Community Service Telephones (CSTs) thus contributing to South Africa’s universal access goals of affordable mobile services. Virgin Mobile: In 2006, Virgin Mobile, a Mobile Virtual Network Operator (MVNO31), began operation in South Africa. Virgin Mobile is one of UK’s largest operators, and it entered the South African market by means of a joint venture partnership with Cell C. Operating as a Virtual Network Operator (VNO), Virgin Mobile South Africa owns no infrastructure of its own. Rather, it operates through the Cell C 31 An MVNO is a telecoms operator that provides mobile telephony services but does not have its own licensed frequency allocation of radio spectrum nor does it necessarily have all of the network infrastructure required to offer mobile communications service 32 Political Economy of Internet and Mobile Phones: South Africa network32. In April 2011, Cell C sold its 50% shareholding in Virgin Mobile. The deal saw Virgin Mobile assume a 55% stake in the company with the remaining shareholding of 45% being sold to Bahamas-based Calico Investments. Steve Bailey serves as the Chief Executive Officer of Virgin Mobile. Bailey previously served as the Financial Director of Cell C. 8-ta: This is the mobile network service provided by Telkom. The service was launched late in 2010 and, as such, reports pertaining to market share and subscriber base are not readily available. Telkom was previously the monopoly supplier of fixed line telephony services in South Africa up until 2002 when the monopoly license expired; Neotel was awarded a license to operate in 2005. 8-ta will run off MTN’s network infrastructure until Telkom rolls out its own base stations. 8-ta is governed by Telkom’s board of directors. Polelo Lazarus Zim was appointed Chairman of the Telkom board in 2011. In conjunction with his position at Telkom Zim also currently sits on the boards of North Platinum Ltd, Sanlam Ltd and the Chamber of Mines South Africa. Zim has extensive experience in the media sectors and previously served as Chief Executive Officer of M-Net. 6. OWNERSHIP, PRICING STRUCTURE AND COST 6.1. Liberalisation of Markets: Duopolies, Affordability An economic drive for liberalisation swept through Africa in the very late 1990s through to the mid-2000s. This, combined with the growing technological drive towards convergence33 across the globe, enabled innovation and competition in the mobile and internet industry not just within South Africa. This therefore created a new generation of market players in relatively different market environments to which past telecom monopolies had existed and operated within. As a direct result, the economy of South Africa and other African countries changed – most created new monopolies and duopolies in the sector while others truly brought about a multi-player economy. South Africa oscillates somewhere in the sphere of a 32 Computer Business Review (CBR), 2006 Gillwald A (Unknown) National Convergence Policy in a Globalized World: Preparing South Africa for Next Generation Networks, Services and Regulation. Available: http://link.wits.ac.za. 33 33 Political Economy of Internet and Mobile Phones: South Africa duopoly driven by the early and larger players in the mobile and internet industry such as Telkom, Internet Solutions, Vodacom and MTN. It should be noted, though, that through the work of sectoral organisations such as ISPA and SATSPA smaller players are given a platform to address inequality issues. These emerging market players are being strengthened by the adoption of relatively progressive policies by the South African government. This is the case of the broadband policy of 2010 and the Consumer Act of 2011. There are independent regulatory bodies, but in actual practice the political influences continue to shape and control much of its work. More work is required in translating the policies and attendant strategies into operational strategies that can be implemented without political and private-sector interference. This increased competition should in theory bring pricing down, making it more affordable for the consumer as well as new entrants to the service-provision chain. The defining economic features of network industries such as telecommunications are significant economies of scale in production, network externalities, the need for compatibility and standards, and complementarities in demand and switching costs for consumers. These economic features have an impact on the nature of competition in the industry. In particular, they provide the means for a single firm to establish and maintain a dominant position in the market. This may be to the detriment of consumers if that dominant position is abused through above or below-cost pricing. But this is only possible where no unfair practices or price fixing is occurring, as in the case of the unfair internet provision pricing/costing models, which was addressed by the Competition Commission, resulting in fines of billions of rand for Telkom Business. 6.2. Convergence: Technology Platforms and Service The International Telecommunications Union (ITU) has provided an almost allencompassing definition that describes convergence as ‘the technological, market, legal or regulatory capability to integrate across previously separated technologies, markets or politically defined industry structures. Convergence also involves an important 34 Political Economy of Internet and Mobile Phones: South Africa international component, as many services and information sources that were traditionally controlled on a domestic level are being provided on a global basis’34. South Africa’s take-up of convergence will, like that of other developing countries, depend on and differ according to the needs of the local economy; the level of investment locally and internationally; existing governance models and social policy. The convergence of technologies and services, as well as that of entities that provide such services, will continue to create various challenges to current legislation, policy and regulatory frameworks. This is the case in South Africa where mobile service providers have become some of the foremost providers of internet access as part of and external to mobile service provision. These challenges, for example, would include having the right framework and platform for mediation on pricing when internet service is provided by mobile networks which have a wider infrastructure network across the country than smaller players such as XDSL broadband35, who have to utilise their competitors’ infrastructure to provide adequate service to their customers. These are issues that ISPAs Fair Competition working group has to address on an ongoing basis. The table below gives an overview of the data packages as provided by the mobile service providers in South Africa. These are not rates that can necessarily be matched by smaller Internet Service Providers who are, more often than not, resellers of these existing packages. Table 5: Mobile and wireless data costs – prepaid and contract (MTN, Vodacom, Cell C, Virgin Mobile, Neotel, 8-ta) Bundle NeoConnect Lit e PrePaid ¹ Virgin Mobile MTN 75MB Cell C Prepaid 100MB MTN 10MB 8.ta 100MB Pre Cost R0 .00 R0 .00 R49 .00 R50 .00 R10 .00 R50 Out bundl 5M 10 20M 50 100M R/MB e B MB B MB B R/MB 0 R0.20 R0.20 1 2 4 10 20 MB Inclu ded 200 MB 500 MB 40 100 3072 5120M 1024 MB B 0MB 2048 0MB 1024 MB 2048 MB 409 614 .6 .4 1228 1843 .8 .2 1331 1997 .45 .05 3946 5994 3328 6656 13312 .25 .25 .25 10090 20330 40810 1024 2048 4096 3072 6144 12288 0 R0.60 R0.60 3 6 12 30 60 120 300 75 R0.65 R0.65 49 49 49 49 100 R2.00 R0.50 50 50 50 50 65 .25 50 130 .25 250 325 .25 850 204 .8 614 .4 665 .85 1898 10 R1.00 R1.00 10 10 20 50 100 200 500 1024 2048 3072 5120 10240 20480 100 R1.00 R0.50 50 50 50 50 50 150 450 974 1998 3022 5070 10190 20430 34 International Telecommunications Union (1999)Trends in Telecommunication Reform: Convergence and Regulation pg 2 35 http://www.xdsl.co.za 35 Political Economy of Internet and Mobile Phones: South Africa paid Cell C Contract 100MB Vodacom Stan dard Prepaid M yMeg 8 Vodacom Stan dard Contract MyMeg 8 Cell C Prepaid 250MB 8.ta 250MB Pre paid Cell C Contract 250MB NeoConnect Lit e 99 ¹ Cell C Contract 24GB with mod em .00 R50 .00 R9 .25 2560 5120 10240 50 50 50 50 50 100 250 512 1024 1536 8 R2.00 R1.16 9.25 13 .25 33 .25 93 .25 193 .25 393 .25 993 .25 2041 .25 4089 6137 .25 .25 10233 20473 40953 .25 .25 .25 8 R2.00 R1.16 9.25 13 .25 33 .25 93 .25 193 .25 393 .25 993 .25 2041 .25 4089 6137 .25 .25 10233 20473 40953 .25 .25 .25 250 R2.00 R0.40 100 100 100 100 100 100 600 1648 3696 5744 9840 20080 40560 250 R1.00 R0.40 100 100 100 100 100 100 350 874 1898 2922 4970 10090 20330 250 R0.40 R0.40 100 100 100 100 100 100 200 99 .8 2048 R0.39 R0.07 149 149 100 103 .6 149 149 107 115 139 149 149 149 409 .6 180 .92 149 819 1228 .2 .8 262 344 .84 .76 149 548 .36 1536 R0.08 R0.16 239 239 239 239 239 239 239 239 Cell C Contract 5120 R0.39 R0.06 299 299 60GB with mod em NeoConnect Lit R469 20480 R0.08 R0.02 469 469 e 469 + modem .00 MTN Data only R749 3072 R0.00 R0.24 749 749 Uncapped Lite ( .00 +modem) 299 299 299 299 299 299 279 .96 299 469 469 469 469 469 469 749 749 749 749 749 749 Neotel NeoGo ² 100 R0.50 R0.50 R9 .25 R100 .00 R100 .00 R100 .00 R99 .00 R149 .00 R239 .00 R299 .00 0 R0.08 R0.08 99.4 2048 4096 8192 508 .6 1347 .08 918 .2 3343 .88 1737. 4 7337. 48 361 .88 299 525 .72 299 935 .32 2295 .80 1754. 52 6289. 40 469 469 469 469 469 749 749 749 749 749 Source: http://grandtrunk.za.org 6.3. Access At the surface level South Africa’s mobile penetration rate of 100% bodes an optimistic perspective on the country’s ICT sector and the cause of universal access. However, beneath the seemingly progressive nature of this sector lies the problematic nature of affordability. South Africa’s mobile phone tariffs are still one of the highest in the region and therefore prove too costly for citizens in the middle to low income bracket. While mobile networks operating in the country claim to work in competitive markets, the current mobile tariffs indicate rife overpricing when compared to both regional and international rates. Thus, within South Africa’s peculiar mobile phone market, penetration rates seem to indicate savvy mobile users rather than notions of access and affordability. Penetration rates are calculated according to SIM sales by operators. The direct correlation between SIM sales and users is problematic with the particular context especially since there is an estimated 1,13 active SIM cards per user. High tariffs have resulted in a phenomenon of multiple SIM cards per user where mobile subscribers aim to manipulate tariffs through strategic usage tactics. Dual SIM ownership is largely recognised as a direct 36 Political Economy of Internet and Mobile Phones: South Africa consequence of exorbitant costs and the South African mobile market is therefore no different. It is within this light that South Africa’s mobile penetration rates appear exaggerated and not truly a reflection of active users. Multiple SIM ownerships account for a considerable over count of users coupled with strategic use of cost-effective mechanisms such as ‘Please Call Me’s’36. Affordability remains the greatest obstacle to true access of mobile phones in South Africa. High penetration rates do not necessarily account for greater numbers in access but rather savvy consumer tactics that sabotage costs. The result is less talk-time minutes and more pro-active methods of exploiting SIM usage. 6.4. Ownership South Africa’s mobile phone industry has come a long way since its early years that were dominated by the duopoly of Vodacom and MTN. The addition of new operations Cell C, Virgin Mobile and 8ta have been a welcome addition to the sector with the hope of competition boding well for issues of affordability and access. However, despite the added competition, South Africa’s mobile phone industry is still marred by exorbitant tariff rates that compromise access. Ownership structures have a direct effect on issues of affordability and access. South Africa’s mobile phone industry’s costly tariff rates are similarly a result of the ownership patterns in the industry. Although Cell C has made a noticeable dent in the market shares of the industry, the shift has unfortunately not been strong enough to compete with giants Vodacom and MTN. Newcomers Virgin Mobile and 8ta have likewise been sluggish in growth, offering minimal competition. 36 South Africa ICT Sector Performance Review 2009/2010 37 Political Economy of Internet and Mobile Phones: South Africa Figure 8: Mobile market shares - 2011 With a combined market share of 77%, Vodacom and MTN are the strongest contenders in the mobile market. While in essence the market is characterised by an oligopoly, the force of duopoly between Vodacom and MTN is most dominant. The collective market power of the two completely undermines the potential of competition since the remaining actors barely feature. 6.5. Interconnection Rates Interconnection rates have long been identified as leading agents in South Africa’s expensive mobile phone tariffs. The rates are determined through negotiations between operators where parties with the most subscribers hold the greatest leverage. Within the South African context, Vodacom and MTN hold the largest subscriber base and therefore enjoy final say on the rates. Price collusion between the two has often been alleged on the basis of similar pricing strategies that rarely indicate strong competition37. Complaints of price collusion were first lodged in 2004. However, in 2011 both Vodacom and MTN were cleared of charges following years of investigation that did not yield substantial evidence of price fixing38. Despite this, allegations of price collusion continue to surface on account of the interdependent nature of the two mobile companies that cooperate on agreements of voice and data traffic and roaming. These 37 Econex The Economics of Mobile Interconnection Rates in South Africa 2009 38 Source http://www.balancingact-africa.com/news/en/issue-no-547/telecoms/south-africa-mtn-vod/en 38 Political Economy of Internet and Mobile Phones: South Africa agreements set the bar of power relations in the industry, which ultimately alienate smaller operators and widen the gap of profiteering by the duopoly39. 6.6. Political Links Both Vodacom and MTN boast prominent stakeholders with links to government in their ownership structures. Cyril Ramaphosa, MTN’s director and chairman, is a wellknown veteran and the former Secretary General to the ruling ANC. Ramaphosa has since left politics, but continues to hold strong ties to the current government. Jabulani Moleketi sits on the board of directors at Vodacom. Moleketi is a high-ranking personality who is also the chairman of the Development Bank of South Africa and a former Deputy Minister of Finance and MEC of Financial and Economic Affairs in the Gauteng Provincial Government. 7. REGULATION The South African government views the telecommunications sector, and rightly so, as a key driver for the social, academic and economic development of the people. Thus at the forefront of its policy making and decision taking are attempts to address and ensure that equitable growth is achieved though universal access to ICTs, and consequently telecommunications services. The guiding definition on the political economy of the internet and mobile phone industries speaks to the outcomes and prevailing conditions which emerge as a result of the co-existence, interactions and impact of the political (policies, regulations) and economic climates of the growing mobile and internet sector in any society. This study has given a macro perspective on the South African internet and mobile ecosystem while showcasing the existing and prevailing regulatory environment both within the country and the region. This section deduces, from the information currently available as at the time of this research, how prevailing political economy forces influence the evolving sectors of the internet and mobile phone industry. 39 Econex The Economics of Mobile Interconnection Rates in South Africa 2009 39 Political Economy of Internet and Mobile Phones: South Africa 7.1. Regulation and Regime for Internet and Mobile Phones The economic features of the country (described by the researcher as a developed developing country based on its GDP amongst other factors), the mobile and internet sectors, and the incentives they provide for anti-competitive practice provide a good foundation for a strengthened regulatory oversight. These features also have a direct impact on the sectoral players’ ability to meet the regulatory provision of affordable service to low-income consumers, meeting the goals of the Universal Access Service (UAS) policy. In reality, though, the industry players do not adhere to the anticompetitive provisions or the regulations around UAS in 70% of their business strategy and dealings. It emerged from interviews that this is at times a result of inadequate knowledge in the case of the mobile operators, who are now operating in a wider environment with smaller players who hold exactly the same operating licences as themselves. Large economies of scale also have implications for affordability and access. The economies of scale for the network component arise from having a high proportion of fixed costs and very low marginal or incremental costs in providing a service. For instance, it is often said that the cost of routing a call is almost nothing, but clearly, the cost of establishing a network to connect people is significant. There is also a much smaller implementation and organisational capacity within the regulator to follow through on monitoring their implementation. In interviews conducted for this research the issue of continuing political interference is also a major constraint. This is not to say that nothing is being done, but rather that the gap of unfair competition practices and the non-provision of UAS is wide when compared to instances where they are being flouted. Industry organisations such as ISPA continue to play a role via its working groups on fair competition and regulatory submissions. 7.2. Competition Laws A distinct feature of telecommunications is the existence of network externalities for the consumer. This means that the value of joining a particular network depends on how many other people are also on the network and the implicit and explicit cost of connecting with users on other networks. Network externalities thus have a significant 40 Political Economy of Internet and Mobile Phones: South Africa impact not only on competition between telecommunication networks (basis for regulatory rules requiring the compulsory interconnection of public networks), but also on the consumers. Thus the South African Consumer Protection Act (CPA) that came into effect on 1 April 2011 lead to the establishment of the National Consumer Commission (NCC). This commission is tasked with, amongst other functions, seeing to the fair treatment and protection of the rights of the consumer/user in the telecoms industry. This is a function currently carried out by the regulator to some extent, and thus there are plans to identify the right models of cooperation between ICASA and the NCC to continue to assist the consumer in the telecoms industry in addressing valid complaints. 8. CONCLUSIONS AND RECOMMENDATIONS ‘I can say to you as... that the policies are in place but it’s the political and organisational will and capacity to operationalise and implement that is lacking’ (Anonymous at ICASA, 2011) 8.1. Conclusions The continuing challenge, as noted in the section on policy and regulation, is how government can further enable the private sector via its policies and regulation that will support profitability to invest extensively in rural areas. This directly impacts the economic development of the rural areas, which hitherto have largely been left behind in the telecoms boom. At the other end of the spectrum are the service providers and operators whose first priority in the early days of work is to sell its services on the basis of its reach and coverage. However, even when adopting such strategies South African operators invariably confront another problem – the lack of a consistent regulatory environment and most often the presence of dominant state monopolies. Also overcoming specific barriers such as continuing duopolies and monopolies, poor local economies and the increase in consumer demand to justify the needed investment to upgrade new telecommunications networks continues to be a challenge. It also requires new capital for financing the development of new infrastructure to reach the unreached. 41 Political Economy of Internet and Mobile Phones: South Africa The challenge thus remains that regulation and policy typically continue to consistently lag behind technological advancement. For the South African government to formulate a policy that enables the establishment of affordable communications networks and multiple services for the whole population, reaching all its nooks and crannies, it will need to re-address its policy and regulation making processes. The continuing realisation of the enormous potential of the telecommunications industry must continue to be supported strategically by the government by continuing to create an enabling regulatory environment for new players; by established sectoral players supporting fair competition through, amongst others, proper pricing and infrastructure sharing; and lastly foreign direct investment. This can be achieved by a more sustained lobbying strategy with governments and market players, as done by ISPA, to strengthen the foundations of a cohesive regulatory environment and fair competition. The revolution in communications and computing technology also continues to produce an ever increasing surge of, amongst others, eCommerce, entertainment services and opportunities. While these services continue to sweep through developed economies, inadequate eDevelopment enabling environments have isolated most African countries. The situation is even more severe in a country such as South Africa with a geographically dispersed and economically unequal and disaggregated society. 8.2. Recommendations The following strategies are thus recommended for adoption as particular areas that advocacy projects, initiatives and/or engagement programmes can help to address the challenges currently being faced by the mobile and internet industry: A policy and regulation review and re-development initiative translating policy into actionable items, thus assisting government institutions with identifying implementation strategy and supporting its operationalisation. This could also include a monitoring strategy to ensure no political interference. An increased engagement with industry associations, governments and individuals to help drive change re: interconnectivity, co-location, competition, etc. The concept of multi-stakeholderism is key to ensuring the sustainability and effectiveness of an advocacy strategy. 42 Political Economy of Internet and Mobile Phones: South Africa Review of the USAASA to suit needs in 2011 onwards: this initiative should factor in the role currently being played by government and industry, including highlighting initiatives such as the broadband initiative by municipal and local governments. Continuing consumer and business education and awareness programmes on how SMME can leverage existing telecoms infrastructure to grow their business would increase local communities’ economic strength. This would necessitate the establishment of support mechanisms to enable such SMMEs and individual users to sustainably leverage such opportunities as presented by broadband projects positively. This would range from entrepreneurship initiatives through to the creation and growth of more VANs across the nation. 9. ADVOCACY STRATEGIES In conclusion, the recommendations identified above can only succeed where there is a balance of power amongst all stakeholders. In practical terms, this means that each initiative or project should be designed with the goal of giving optimum sector strengthening and building outcomes to all stakeholders as much as it is feasible40. The mistakes of prior enabling and historical imbalance correcting measures, from lopsided funding favouring donors to projects skewed to promote specific technologies and platforms only, should be avoided. This can be achieved by: Localised initiative specific leadership, which is equipped and rightly skilled to implement beyond the project stage Ensuring that from inception long-term effects are identified, impact determined and scenarios for resolving them are indicated beyond donor presence/funding cycles Clearly defined monitoring and evaluative measures being built into the initiatives plan (allocated funds, personnel etc) Ensuring that the initiatives are locally relevant and that the target community takes ownership. These measures, which are non-exhaustive if built in, will enable a successful advocacy. 40 In some cases this will require prioritising of stakeholder importance based on needs and impact assessment. 43 Political Economy of Internet and Mobile Phones: South Africa REFERENCES African Telecoms News (2005) Major African Mobile Markets: Future Growth Prospects 2006 - 2011, (last accessed 1 June 2011), from http://www.africantelecomsnews.com/resources/AfricaOpp_South_Africa.shtml. Africa Telecoms Online (2010) Special Report: Smartphones, (last accessed 3 June, 2011), from http://www.africatelecomsonline.co.za/magazine/archive/2010/issue_04/speci al_report_smartphones.php. Blycroft Limited (2008) African Mobile Factbook, Blycroft Publishing. Cell C (2010, 5 May 2010) News: Cell C grabs market share despite tough times, (last accessed 1 December 2010), from http://www.cellc.co.za/about/news. 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Other Web References http://www.info.gov.za/aboutsa/glance.htm http://www.bbc.co.uk/scotland/education/ms/southafrica/political/constitution/stru cture.shtml http://www.state.gov/r/pa/ei/bgn/2898.htm http://www.southafrica.info/about/democracy/polparties.htm http://en.wikipedia.org/wiki/Economy_of_South_Africa http://www.economywatch.com/world_economy/southafrica/structure-ofeconomy.html http://www.southafrica.info/business/economy/econoverview.htm http://www.oecd.org/dataoecd/48/38/1826412.pdf http://www.economist.com/node/9856113 http://www.info.gov.za/aboutsa/economy.htm www.eskom.co.za 46 Political Economy of Internet and Mobile Phones: South Africa LIST OF ACRONYMS 3G ........................... Third Generation Mobile Technology 4G ........................... Fourth Generation Mobile Technology ADSL ...................... Asymmetric Digital Subscriber Line ANC ........................ African National Congress, the ruling party ............................................... South Africa B2B ........................ Business-to-Business eCommerce B2C......................... Business-to-Consumer eCommerce BBBEE................... Broad-Based Black Economic Empowerment ........................................... South Africa BEE and BEEE ... Black Economic Empowerment Policy ......................................................... South Africa BoP......................... Balance of Payments CBR ........................ Computer Business Review CINX....................... Cape Town Internet Exchange ......................................................................... South Africa CPA ........................ Consumer Protection Act ................................................................................... South Africa CPA ........................ Consumer Protection Act .................................................................................... South Africa CST ......................... Community Service Telephone DoC ........................ Department of Communications ..................................................................... South Africa DRC ........................ Democratic Republic of Congo DSTV...................... Digital Satellite Television EASSy .................... East African Submarine System ECA ........................ Electronic Communications Act ...................................................................... South Africa Eskom ................... The national power-generating authority .................................................. South Africa FSN......................... Full Service Network GDP ........................ Gross Domestic Product GEAR ..................... Growth, Employment and Redistribution .................................................... South Africa GII ........................... Gender Inequality Index HDI ......................... Human Development Index HDR ....................... Human Development Report HSDPA .................. High-Speed Downlink Packet Access HSPA+ 900 .......... Evolved High Speed Packet Access IBA ......................... Independent Broadcasting Authority ........................................................... South Africa ICASA .................... Independent Communications Authority of South Africa ..................... South Africa ICT .......................... Information and Communications Technology IIC ........................... International Institute of Communications Infraco .................. Broadband Infraco Limited, state-owned company ................................ South Africa INX ......................... Internet Exchange 47 Political Economy of Internet and Mobile Phones: South Africa IP............................. Internet Protocol IS ............................. Internet Solutions - an ISP company ............................................................. South Africa ISP .......................... Internet Service Provider ISPA ....................... Internet Service Providers Association IT............................. Information Technology ITU ........................ International Telecommunications Union JINX ........................ Johannesburg Internet Exchange ................................................................... South Africa MDDA.................... Media Development and Diversity Agency ................................................. South Africa MEC........................ Member of the Executive Council in Provincial Government ............. South Africa MMDS ................... Multichannel Multipoint Distribution Service MPI ......................... Multidimensional Poverty Index MTN ....................... Mobile Telecommunications Network - a multinational telecommunications group MVNO.................... Mobile Virtual Network Operator NCC ........................ National Consumer Commission ..................................................................... South Africa NCOP ..................... National Council of Provinces .......................................................................... South Africa NEPAD .................. New Partnership for Africa's Development ................................................ South Africa NUMSA ................. National Union of Metal Workers of South Africa .................................... South Africa OSISA .................... Open Society Initiative for Southern Africa PAYG...................... Pay As You Go payment mechanism PC ........................... Personal Computer PPP ......................... Purchasing Power Parity RDP ........................ Reconstruction and Development Programme ........................................ South Africa RIARC.................... Reseau Des Instances Africaines De Regulation De la Communication SA............................ South Africa SABC ...................... South African Broadcasting Corporation .................................................... South Africa SADC...................... Southern African Development Community SANCO .................. South African National Civics Organisation ............................................... South Africa SATRA................... South African Telecommunications Regulatory Authority .................. South Africa SATSPA................. South African Telecommunications Service Providers Association.. South Africa SEACOM ............... A submarine cable operator with a network of submarine and terrestrial SIM ......................... Subscriber Identity Module SME ........................ Small and Medium Enterprises SMME .................... Small, Medium and Micro-sized Enterprises TRASA................... Telecommunication Regulatory Association of Southern Africa UAS ........................ Universal Access and Service 48 Political Economy of Internet and Mobile Phones: South Africa UNDP..................... United Nations Development Programme USA ........................ Universal Service Agency USAASA ................ Universal Service and Access Agency of South Africa ............................. South Africa VAN ........................ Value Added Network VNO........................ Virtual Network Operator VSAT ...................... Very Small Aperture Terminal WBS ....................... Wireless Business Holdings (Pty) Ltd - an ISP company ...................... South Africa WiMax................... Worldwide Interoperability for Microwave Access WTO ...................... World Trade Organisation XDSL ...................... x-Digital Subscriber Line ZAR ........................ South African Rand (currency) ......................................................................... South Africa . 49
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