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ICASA jumped the gun on spectrum

Staff Writer
By Staff Writer, ITWeb
Johannesburg, 28 Sept 2016
The DTPS' court challenge of ICASA's planned spectrum auction continues in Pretoria today.
The DTPS' court challenge of ICASA's planned spectrum auction continues in Pretoria today.

The Independent Communications Authority of South Africa (ICASA) should have waited for the Department of Telecommunications and Postal Services (DTPS) to finalise its integrated ICT policy White Paper before setting its spectrum auction plans into motion.

The North Gauteng High Court heard this argument from DTPS minister Siyabonga Cwele's counsel yesterday.

Business Day reports that DTPS lawyers argued that ICASA had a legal duty to wait for the publication of the White Paper before it auctioned off high-speed radio frequency spectrum.

The minister is trying to interdict and set aside the planned spectrum licensing process initiated by ICASA in July ? which he says was issued without consultation and prior notification to government as the policy-maker.

This after the regulator, on 15 July, issued an invitation to apply (ITA) for licences for spectrum in the 700MHz, 800MHz and 2.6GHz bands, to be used to provide mobile broadband wireless access services in SA. The regulator said the main aim of licensing spectrum is to ensure nationwide broadband access for all citizens by 2020 in line with the National Development Plan and SA Connect.

According to Business Day, Cwele's counsel, Vincent Maleka, argued that ICASA had limits to its independence and it had failed to keep within these limits. Under the Constitution, the ICASA Act and the Electronic Communications Act, it reportedly did not have exclusive control over SA's spectrum.

Despite the court case, ICASA seems set to push ahead with its planned spectrum auction, although it has moved the process out by a few months.

ICASA has extended the date for public inquiries to 4 November and the application cut-off date has been moved from 3 October to 3 February 2017. The actual auction is expected to take place in early May 2017 - after previously being set down for mid-January 2017. Licences are now expected to be issued sometime in July next year.

ICASA's lawyers reportedly argued that it had to discharge its duty, whether or not there was a policy in place. It said the minister had for six years not made good on his promises to make policy.

The draft Integrated White Paper is sitting before national Cabinet for consideration and adoption after being submitted by the minister on 2 March.

The court case continues today.

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