ICASA chairperson talks ‘fair play’ as OTT debate heats up

With debate on fair share arrangements amid the plethora of over-the-top (OTT) services reaching fever pitch, ICASA chairperson Mothibi Ramusi says this is one area that calls for a collaborative regulatory approach.

As a result, plans are in the pipeline to devise a regulatory forum for collaborative discussion on regulation and OTT service providers, as well as to encourage investors.

Ramusi made the comments during an interview with ITWeb TV, outlining how the telecoms, broadcasting and postal services regulator is establishing its relevance in the age of technological evolution.

As the OTT service model remains dependent on the availability of high-quality, reliable and efficient network infrastructure, local telcos have voiced their displeasure, saying these services have increasingly become data-hungry.

OTT service providers are hosted on top of operators’ broadband networks, allowing them to bypass traditional distribution channels, as well as legislative and regulatory frameworks.

Some examples include WhatsApp, Facebook, TikTok, Snapchat, Instagram, Skype and Google Meet, as well as video and music streaming services Netflix, YouTube, Amazon Prime and Disney+.

On OTT services, Ramusi believes that “somebody who uses anybody's infrastructure ought to contribute”. While he pointed out this is his personal view, he admitted it’s not a straightforward answer, but a question of how to bring all parties in this “marriage” together where everybody has fair play.

“We are still in the process of engaging other sister regulators; this is one particular area that requires collaboration. What I really appreciate with my authority [is that] one of our values is to foster collaboration.”

Using the analogy of a car on the road, Ramusi noted drivers are required to go to the traffic department and get a licence disc in order to drive the car.

“We have a similar thing in our environment. There are individual companies that we have given spectrum, which is a very precious commodity. [There are] those that we said go and connect people in my village, for example. Suddenly, somebody comes and says ‘I'm going to use your network; I'm going to provide services to somebody and those individuals must pay me’.

“If we were to segment and say but you’re using somebody’s infrastructure… what is it that is going to that infrastructure? How fair is this process, because fair play means I cannot drive on the road and not pay tax, because somebody has to fix the roads and those potholes need to be fixed.

“For me, as much as we support innovation as an authority (OTT becomes one of the innovative ways of developing content), I’m of the view that anyone who provides or who uses somebody’s infrastructure ought to contribute, and more especially in a country where there are laws and rules.

“For me as an authority, as long as you can come to me and say I’m doing the basic things that everybody does in your country, I’m sure in revising our rules we need to find ways of accommodating everyone.

“The beauty for us because we collaborate, we’re in a process right now (very soon we will announce), we’ve identified sister or brother regulators and we’re forming a regulators’ forum. We know that when you talk OTT, you’re talking about social media; there’s content.

“In our country, we’ve got the Film and Publication Board, we’ve got the .Za Domain Name Authority, and we’ve got the Information Regulator. If you take those three plus ICASA, I can safely say that when you talk OTT, it touches those various regulators.

“So, a forum of this nature will be able to come together so that we are not seen to be stifling competition, or not encouraging investors to come into the country. We’re only asking three questions: If you're an OTT player, how do you think we as regulators should treat you to provide a service? Is there any specific regulation or policy in our current legislative framework that you believe needs to change; if so, how? If you can help us to do that, I’m sure it can be a collaborative discussion.”

Asked whether such discussions might scare away potential investments, he commented: “It’s never the intention of any regulator that I know of that will say no to any innovation. As I said, innovation is encouraged, but it needs to be implemented in a manner that it’s prescribed in those countries. In South Africa, we do have rules and I think it will be sad if you just allow anyone just to come in and do things the way they like.

“From the authority side, I don’t have full authority to pronounce because as I said I’m still new, but it’s a topic that’s there and I’m giving you my personal view. At the same time, I’m still responsible as a chair just to guide. Anyone who still has an appetite to come to any country must be mindful that you can’t just come to my house and do things without engaging me properly.”

The Association of Comms and Technology (ACT) recently said there should be a fair share arrangement in place for the sustainability of the telecoms sector.

Lobby industry body ACT, which represents South African operators, believes OTT service providers must be included in the licensing and policy regime, including the regulatory regime.