The Independent Communications Authority of South Africa (ICASA) has investigated and shut down six illegal wireless Internet service providers (WISPs) in November alone, says ICASA technical officer (licensing enforcement), Brennan Marais.
According to Marais, these investigations took place as a result of business owners either operating without a licence or providing services that exceed the rights granted by the licence they have.
Marais says some of the businesses ceased operations when notified by ICASA to do so, while in other instances ICASA had to confiscate the equipment.
Equipment confiscated without prior warning
One of the WISPs that was recently shut down is Hermanus-based BDC Internet Service Solutions.
According to owner Ryno Van Den Berg, ICASA officials arrived at his premises last week with warrant and seized all his equipment.
He says ICASA did not warn him either telephonically or by letter that he was contravening telecoms regulations.
Marais however quotes Section 99 of telecoms act, which allows ICASA investigators to confiscate equipment from illegal operations with warrant without prior warning.
Van Den Berg claims that when he found out he needed a Value Added Network Service licence, he phoned ICASA and an employee assured him that he could continue to operate as long as the application for a VANS licence had been submitted.
ICASA chief technical officer (licensing enforcement) Andre Rossouw however says Van Den Berg cannot have spoken to the appropriate people within the organisation. If he had, they would have given him the proper information.
The information includes the fact that the VANS licence would not have been adequate. Van Den Berg was providing wireless Internet access, crossing boundaries like roads and people`s premises, which is contrary to conditions of a VANS licence, Rossouw says.
Though a docket has been opened with regard to the issue, Van Den Berg will meet with ICASA officials today in an attempt to find an amicable resolution.
ISP on illegal WISPs
An ISP close to one of the WISPs that was shut down this month says it is risky to build a business based on wireless Internet access on the 2.4Ghz spectrum unless ICASA grants the appropriate licence.
"And if I did, I would certainly not tell my customers that it was all legal."
The source alleges that the WISP told his customers that they had to pay R2 000 to connect to his network, and that farmers with high-sights had to fork out huge sums of money for towers in exchange for free Internet access.
"As I see it, he was building his illegal network with other people`s money on the pretence that it was 100% legal."
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