Screamer Telecoms has threatened to take Sentech to court if the state-owned entity does not honour an agreement allowing Screamer to use spectrum in Sentech's coveted 2.6GHz band.
Screamer says it has an agreement with Sentech that allows it to use about 20% of the 2.6GHz band to provide wireless last mile access to residential customers in Gauteng.
Sentech has denied there is any such arrangement, and alleges Screamer was using its spectrum illegally. The issue has now been referred to the Independent Communications Authority of SA's (ICASA's) Complaints and Compliance Committee for adjudication.
The referral follows a raid by ICASA inspectors on Screamer's office a few weeks ago. Spokesman Paseka Maleka says Screamer was raided because of its alleged “usage of radio frequency spectrum allocated to broadcasting signal distributor Sentech”.
Maleka says Screamer does not have a radio frequency spectrum licence. “A decision has since been taken that this matter be referred to the Complaints and Compliance Committee for adjudication.”
Raid outrage
However, Screamer CEO Gavin Hart can not understand why the issue was referred to ICASA's complaints body, and is confused about why the regulatory authority felt it needed to raid Screamer's office.
Hart argues Screamer has a valid agreement with Sentech to use its spectrum and the state entity's denial of a contract, about a year ago, amounts to unlawful cancellation. Sentech claims there never was an agreement, says Hart. “Somewhere along the line, it got blurred.”
Sentech's public relations and media manager Nthabeleng Mokitimi says as the Screamer issue has been referred to ICASA, Sentech is waiting for the outcome of this process. “This will determine the next course of action.”
Meanwhile, Screamer has agreed with ICASA to stop using Sentech's 2.6GHz spectrum and is using space in the unlicensed ISM - or industrial, scientific and medical - band, says Hart. The company is using this band for the rest of its national operations and was only using Sentech's spectrum for last mile access in Gauteng.
Sentech will use the 2.6GHz spectrum to roll out a long-awaited national wireless broadband network by the third quarter of this year. However, its spectrum has not been efficiently used for several years, as it has so far failed to roll out a national network, despite planning to do so several times over the past four or so years.
Laughing matter?
Screamer used Sentech's spectrum in the Gauteng area for about four years, Hart points out. He says, despite Sentech's unlawful cancellation, the state-owned entity is still charging Screamer for spectrum.
Hart says Sentech was required to give Screamer more than a year's notice if it was pulling out of the deal, “which has never happened”.
The initial contract between Sentech and Screamer was worded to avoid breaking any regulations, notes Hart. He alleges that someone in the “corridors of power” put pressure on Sentech and ICASA to stop Screamer from using space in the band because the spectrum is valuable to the mobile operators.
Hart says ICASA is “confused” because Screamer has been asking the regulator to investigate the legalities of the deal “for the last year”.
During ICASA's raid on Screamer's offices, it was asked to hand over the same documents that Hart had already supplied to ICASA. “It was a bit of a joke; they already had it all.”
Hart has since handed over more documents, although not requested to do so, he comments.
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