An Independent Communications Authority of SA (ICASA) hearing into whether Screamer Telecoms illegally used spectrum belonging to Sentech will finally resume next month.
A probe was initiated after ICASA referred allegations against Screamer to its Complaints and Compliance Committee (CCC) in August 2011. ICASA argued Screamer contravened the Electronic Communications Act (ECA) because - between January 2007 and May 2011 - it was transmitting signal without a radio frequency spectrum licence.
The issue first went before the CCC in June 2012, and was then postponed to September of the following year because an "important" witness was not available, says ICASA. Screamer is defending the charges.
At the September hearing, it "became apparent that the services of an expert witness in telecommunications was required to enable the CCC to fully understand the technical aspects of this case to enable it to come to a just and correct finding," says ICASA in a statement.
ICASA adds the matter is now ready to go ahead, and is scheduled for 2 and 3 June.
The regulator took Screamer to task over an agreement it had to use about 10MHz of Sentech's allocation in the 2.6GHz band. Sentech had the space for years and was planning to use it to roll out a national network before handing it back to ICASA, pending clarity from government as to what role state-owned entities will play in the broadband space.
Screamer CEO Gavin Hart has testified the company's behaviour was legal and "creative" deals are commonplace. Its legal representative, advocate Mark Wesley, said Screamer had not contravened the ECA.
Under the deal, Screamer built, operated and maintained a network through which it served clients and paid Sentech a fee for using its spectrum, said Hart.
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