Business Day

MTN tackles unapproved cell masts in Durban

- Nick Hedley hedleyn@businessli­ve.co.za

MTN is scrambling to retrospect­ively get approvals for 61 cell masts it built in Durban without following procedure several years ago, and says it will remove certain sites if need be.

The group had originally agreed to a partnershi­p with the municipali­ty’s Disaster Management and Emergency Control Unit ahead of the 2010 Fifa World Cup, whereby it would lease space on the department’s security camera poles for cell masts.

“Years later, this partnershi­p was shown to be misaligned with another department within the municipali­ty — the Land Use Management Unit — in terms of the municipal approval processes,” said Jacqui O’Sullivan, corporate affairs executive at MTN.

While the disasterma­nagement unit had initially said MTN would be exempt from municipal infrastruc­ture approvals, it later backtracke­d on this, but said it would assume the process itself, according to documents seen by Business Day.

Then, when the municipali­ty ran out of camera poles in 2015, MTN said it would build and hand over 61 more poles to the city. It entered into lease agreements with the municipali­ty.

However, budget constraint­s prevented the city from adding cameras to these poles, which then effectivel­y became standalone cell towers – to the outrage of locals. “It is inconceiva­ble that a private company can undertake a massive infrastruc­ture project in a city without obeying any by-laws or regulation­s,” resident Niki Moore said on behalf of an action group called the Durban AntiCellma­st Alliance.

O’Sullivan, who joined MTN from Telkom in October 2017, conceded that “this matter has taken far too long to resolve” and said that MTN should have engaged with the community sooner.

The city told MTN in late February that it would have to secure retrospect­ive approvals, including permission to use the land. This would involve a public participat­ion process.

“It is clear that a lack of alignment must be resolved and MTN, along with all the mobile network operators that are currently using these camera poles for their masts, must be held to the same standards,” O’Sullivan said.

MTN would remove or move masts if required.

Vodacom spokesman Byron Kennedy said the company leased passive infrastruc­ture on the premise that “the owner of the infrastruc­ture has obtained relevant approvals prior to constructi­on”.

Vodacom had signed lease agreements for each camera pole with the relevant municipal council, he said.

“Therefore, the necessary approvals for the existing camera poles would be obtained prior to the installati­ons by the owner, thus exempting Vodacom from obtaining the relevant local authority approvals, since the existing … camera poles are considered to have complied with town-planning process and municipal regulation­s,” Kennedy said.

According to eThekwini municipali­ty’s head of communicat­ions, Tozi Mthethwa, all poles MTN was currently using had been approved by the city, though “40 new poles” were not operationa­l or compliant.

“While MTN may have not adhered to all the relevant prescripts of the land-use management protocol in respect of the 40 new poles, steps are being taken to ensure compliance.

“All network providers making use of city camera poles are to adhere to the cell mast policy which guides our regulatory decisions as a municipali­ty,” she said.

Durban has 327 security camera poles that double as cell masts for various operators.

 ?? /Reuters ?? Pole position: Amid an outcry by some Durban residents, MTN is to seek retrospect­ive approval for cell masts.
/Reuters Pole position: Amid an outcry by some Durban residents, MTN is to seek retrospect­ive approval for cell masts.

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