Democratic Alliance MP Marian Shinn has questioned whether the department of telecommunications & postal services has conducted a regulatory impact assessment for its planned wireless open-access network (Woan).
The controversial Woan, proposed under the national integrated ICT policy white paper, has come under heavy fire from the big mobile operators and from industry analysts, who say it will damage the industry — at least in the form proposed in the white paper.
Among the contentious proposals are that the Woan will be granted exclusive access to all unassigned mobile spectrum and that the mobile operators’ existing spectrum assets be handed back.
The latter proposal is unconstitutional, critics have warned.
MTN South Africa CEO Mteto Nyati argued in a recent interview that the white paper, if implemented, risks chasing away billions of rand a year in network investment.
Shinn said she lodged an application to the telecoms department under the Promotion of Access to Information Act for a copy of the regulatory impact assessment for the Woan. But the application was rejected “with no reason given despite the duty to do so”.
“The DA suspects that this is because no impact assessment was ever done,” she said.
“There has been no response from [the telecoms department], which means, in terms of the act, that as 30 days have passed since it was lodged, the application has been denied.”
Shinn said the lack of an impact assessment contradicts the principle and values of the National Development Plan, which the white paper claims as its founding document. “The NDP states that ‘any interventions must be proportionate, consistent and evidence-based and determined through public participation’,” she said.
“In addition, it states that the ‘socioeconomic and regulatory impacts of any action will be assessed and considered before imposing regulations, rules and/or conditions.
“In light of this lack of proper process in formulating his radical sector transformation policies, I call on minister of telecoms & postal services Siyabonga Cwele to withdraw the Woan proposal contained in the white paper.
“As the department cannot supply any evidence on the feasibility of the Woan in the South African environment, or any impact assessment reports, it can be assumed that the Woan idea is not evidence-based.” — (c) 2016 NewsCentral Media
