TCS | Dominic Cull on why 'Fair Share' is a non-starter in South Africa

Loading player...
The big mobile network operators in South Africa “have never shown a willingness to … accommodate smaller players”, so the notion that they should be entitled to “Fair Share” is “difficult to swallow for smaller operators who have been at the end of their [unfair] business practices”.
That’s the view of Dominic Cull, a leading specialist South African ICT lawyer and regulatory adviser to the Internet Service Providers’ Association (Ispa), who was speaking to the TechCentral Show (TCS) in an interview (published below).
Cull’s criticism of Fair Share – at least in the form being advanced by the large telecoms operators – comes as the Association of Comms & Technology (ACT), a lobby group that represents the country’s largest telecoms providers, agitates for its adoption by policymakers in South Africa.
Fair Share is an idea that has gained traction among operators in Europe, where margins have been pressured in a competitive market. They argue that so-called OTT – “over the top” – companies, which include streaming video providers such as Netflix, Disney+ and TikTok, should contribute a “fair share” to the development of broadband infrastructure.
Critics have said this is simply a move by infrastructure providers, which have experienced margin compression with the move from voice to data services, to try to claw back lost profits.
Speaking at last month’s Datacentrix Showcase 2024 event in Sandton, ICT industry stalwart Andile Ngcaba – who founded Convergence Partners – said the move by ACT to pressure policymakers and regulators over “Fair Share” is not needed or wanted in the South African context.
“If it ain’t broke, don’t fix it,” said Ngcaba, who is a previous policymaker in South Africa and who served as director-general of communications in the Nelson Mandela administration.
In the interview with TCS, Cull echoed this view and said ACT’s lobbying for Fair Share is partly aimed at “catching the ear” of newly appointed communications minister Solly Malatsi and influencing what is included in forthcoming amendments to legislation that governs the ICT sector in South Africa.
In this episode of TCS, Cull chats about:
• Whether ACT has a point about Fair Share;
• How big content players impact smaller operators and internet service providers, and why the call for Fair Share is coming from the industry’s biggest players;
• The investments by the OTT players in both terrestrial and subsea fibre infrastructure, including Google’s investment in the Equiano cable and Meta Platforms’ involvement in 2Africa;
• Whether mobile network operators doomed to become low-margin “dumb pipes” like other utility industries. Can they somehow avoid that fate?
Don’t miss the discussion, and if you enjoyed it, check out our December 2023 interview with Dominic Cull on Starlink in South Africa.
9 Sep 2024 English South Africa Technology · Business

Other recent episodes

TCS+ | Inside MTN's big brand overhaul

The Better Connection. Everywhere You Go. Or simply just Y’ello. Brand identity matters, and MTN South Africa – one of South Africa’s most valued brands – is keenly aware of that fact. Indeed, when a big consumer brand changes its brand positioning, it’s always a big deal – not only…
11 Apr 31 min

TCS | Discovery Bank CEO Hylton Kallner on tech, AI and the future of banking

Discovery Bank CEO Hylton Kallner believes technology is fundamental to the company’s success. Kallner, an actuary who joined Discovery in its early days as a medical insurance company and who has held various senior leadership roles over the years, tells TechCentral editor Duncan McLeod about the group’s decision to launch…
23 Mar 37 min

Across South Africa in an EV: how one man did it before charging stations

Shaun Maidment crossed South Africa in an electric car, a BMW i3, before there was a network of charging infrastructure along the national routes – and he has a heck of a story to tell about his adventure. Charging infrastructure along South Africa’s national routes is now so commonplace that…
13 Mar 40 min

Meet the CIO | Kerissa Varma on what it takes to be a top CISO

Being a chief information security officer (CISO) in 2025 is a daunting role, but one that TechCentral’s guest in this episode of the Meet the CIO relishes. Kerissa Varma, who was recently appointed as chief cybersecurity advisor in Africa for Microsoft, previously served as group CISO at Vodacom and before…
10 Mar 43 min