Cape Times

Icasa to oppose Telkom’s legal spectrum expiry bid

- DINEO FAKU dineo.faku@inl.co.za

THE INDEPENDEN­T Communicat­ions Authority of South Africa (Icasa) yesterday confirmed plans to oppose Telkom’s legal bid to prevent the expiry of the temporary Covid-19 spectrum allocation. Icasa allocated the temporary spectrum licences at the beginning of the Covid-19 pandemic last year to help maintain good quality broadband services as people began working from home.

Icasa said it believed that the circumstan­ces and considerat­ions that informed the issuing of the radio frequency spectrum at the onset of the pandemic never contemplat­ed that the spectrum would be licensed on a longterm or semi-permanent basis.

“The authority will, therefore, be derelict in its duty if it were, by default, to perpetuate what is now becoming an anti-competitiv­e, unfair, and unjust spectrum licensing regime under the guise of pandemic relief,” the regulator said in a statement.

In August Icasa said holders of temporary spectrum licences were to wind up their temporary spectrum licences by the end of next month.

Icasa said public interest dictated that high-demand spectrum be licensed without delay through an open, competitiv­e, and permanent assignment process, in a manner that fulfils the public policy objectives in terms of the Electronic Communicat­ions Act.

Last month Icasa published an expedited timetable for the permanent licensing of this spectrum through an open, market-based approach by the end of March next year.

“In Icasa’s view, it would be unfortunat­e if the authority’s efforts to licence

this spectrum were continuall­y to be frustrated by recourse to the courts to allow the temporary, ad hoc Covid-19 spectrum arrangemen­ts to remain in place in perpetuity,” said Icasa.

However, partially State-owned Telkom approached the court to review and set aside Icasa’s decision, citing that it believed the removal of temporary spectrum while Disaster Management Act regulation­s remained in place would have a negative effect on the group’s

network and customers.

In his founding affidavit filed at the Pretoria High Court last week, Telkom group executive: regulatory affairs and government affairs Siyabonga Mahlangu said Icasa’s decision to withdraw temporary spectrum next month appeared to be based on a misstateme­nt that the Covid-19 pandemic and the Covid-19 crisis had passed and that the country is no longer in a time of crisis.

“It is clear that for as long as the

Covid-19 pandemic and declaratio­n of the national state of disaster persist, and with it the demands on mobile networks and the need for adequate spectrum to meet these demands, preserving the overarchin­g benefits derived from the licensing of temporary radio frequency spectrum remains crucial,” Mahlangu said.

Mahlangu said Icasa’s decision was so unreasonab­le that no reasonable person could have so exercised the power.

 ?? ?? TELKOM says an estimated duration of seven or more months is required after the temporary Covid-19 spectrum allocation switch-off to further optimise the network and manage customer experience fallouts. | Reuters
TELKOM says an estimated duration of seven or more months is required after the temporary Covid-19 spectrum allocation switch-off to further optimise the network and manage customer experience fallouts. | Reuters

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