STAATSKOERANT, 24 JANUARIE 2014 No. 37261 enable service based competition, appears to be a way of enabling affordable access to broadband for all. The policy acknowledges that even in such competitive infrastructure markets, but particularly in markets where multiple infrastructure operators are not economically viable, wholesale access to dominant operators' infrastructure is essential to creating a fair competitive environment for new entrants and service providers. Regulation is always difficult because of the resource and information asymmetries that exist between the regulator and operators but all of these enabling measures will require a capacitated and involved regulator, capable of timely interventions and applications of legal remedies. The broadband policy as a result does not envisage a single big build out, but rather that broadband will be deliver through a seamless network of public and private networks. In the implementation of the national broadband plan, the policy requires that the viability of a model for the development of open access fixed and wireless network through the harnessing of public and private sector contributions be explored. The policy further emphasises the need for strong demand stimulation measures from school readiness programmes to local content development to optimise the potential of broadband to contribute to national social and economic development. 5.5 The Legal Provisions Related to the Quality of Services Chapter 12, Sections 69-71 of the Electronic Communication Act 36 of 2005 makes provisions for handling consumer issues, thereby improving the quality of service. Section 69 is about the code of conduct, end-user, and subscriber service charter. Section 70 stipulates that ICASA must prescribe regulations setting out a code for people with disabilities that will be applicable to all categories of licences. Section 71 makes provisions for the establishment of the consumer advisory panels that will advise ICASA on matters relating to consumer issues in South Africa. 5.5.1 The Consumer Protection Act The Act aims to protect and promote consumer activism, by making provisions for the accreditation of consumer groups tasked with lodging complaints on behalf of consumers, as well as making available support for activities, such as consumer advice, education, publications, research and alternative dispute resolution through mediation or conciliation. 5.5.2 Customer Satisfaction Measurement (CSM) Communications entities in most countries, with South Africa as no exception, enhance their market power by measuring their standing against competition. This standing is measured by instruments such as Customer Satisfaction Measurement (CSM) or Customer Satisfaction Index (CSI) The CSI model is a structural model based on the assumptions that customer satisfaction is caused by some factors such as perceived quality (PQ), perceived value (PV), expectations of customers, and image of a company. These factors are the antecedents of overall customer satisfaction, and the CSM also estimates the results when a customer is satisfied or not, based on reports of complaints or loyalty by customers. 43 This gazette is also available free online at www.gpwonline.co.za 47

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