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ISPA takes ICASA to court

Candice Jones
By Candice Jones, ITWeb online telecoms editor
Johannesburg, 10 Mar 2010

The Providers' Association of SA (ISPA) is drafting court papers that will call on the regulator to produce a master frequency list.

This will supply details of which companies have been assigned which spectrum and should have some information about how that spectrum is being used. The list would be a boon to ECNS licence-holders hoping to apply for spectrum to begin offering services.

Speaking to ITWeb this morning, ISPA advisor Dominic Cull said: “ISPA members are entitled to apply for frequency, but, at the moment, every application made by ISPA members is hit and miss.”

Since most members don't have access to a list of spectrum that has been assigned or not, the applications are made with a specific technology in mind. Each technology has been assigned a band, meaning service providers would look at specific spectrum to apply for.

However, without knowing which bands have available spectrum, providers have to apply blind, and often come up short.

The Independent Communications Authority of SA (ICASA) is responsible for managing the available spectrum and should have a list of assigned frequencies. “ICASA has told me informally that everything from 0GHz to 30GHz has been assigned and new service providers cannot make applications for any spectrum in that range,” explains Cull.

Last year, more than 300 companies were licensed by the regulator to provide their own networks and essentially function as fully-fledged operators. However, the lack of spectrum has been a problem for most companies hoping to launch wireless networks.

Cull says the industry body has now decided to take the matter to the High Court, and he hopes to have the court papers submitted within the next two weeks.

While ISPA aims to get its hands on how the spectrum has been assigned to commercial entities, it realises there are some allocations that cannot be revealed. “ISPA appreciates that some of the information in the master list will be sensitive. Those allocations to the South African National Defence Force and the Police Service are not what we are looking for,” he explains.

The industry at large will be interested to see a master list of frequency assignments, since many companies hold licences to frequencies that are not being used. Industry players will want to see exactly what both Telkom and Sentech hold, and will also want to know what terms and conditions are attached to those assigned frequencies.

The regulator had not responded to ITWeb's request for comment by the time of publication.

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