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ICASA probes alleged leak

Nicola Mawson
By Nicola Mawson, Contributor.
Johannesburg, 10 Aug 2012

The Independent Communications Authority of SA (ICASA) is investigating an alleged internal leak of information around findings regarding a complaint Neotel lodged against Telkom.

Neotel lodged a complaint with ICASA over Telkom's refusal to lease its last mile to its competitor. Neotel asked ICASA to force Telkom to provide access to the last mile at two locations in Johannesburg's northern suburbs and “any additional locations Neotel may specify from time to time”.

The matter was heard by ICASA's Complaints and Compliance Committee (CCC) in May, but Telkom has yet to receive a written report on the CCC's findings, recommendations and reasons. On the last day of the hearings, 18 May, the CCC announced verbal findings, followed by an interim order.

The interim order found that Neotel's request was legally valid, and that Telkom had contravened part of the electronic communications facilities leasing regulations. It also found that to reach a practical solution, local loop unbundling regulations would need to be in place, and ICASA should develop terms and conditions by three months from 18 May.

Fixed-line operator Telkom argues that it is critical for it to receive the written documents, which it must get within 90 days of 18 May, in order to understand the scope of the ruling. Although it has not officially received the ruling and reasons, these have apparently been made publicly available.

Telkom says news reports that findings and recommendations on a case to which it was a party were leaked is of “grave concern”.

ICASA spokesman Paseka Maleka says the allegations of the leaking of information have been brought to its attention and an investigation has been commissioned. “The authority will provide further details as soon as the investigation has been fully concluded.”

'Dismayed'

The fixed-line operator says this alleged leaking of information from within ICASA, as reported in Business Day on 3 August, is of grave concern to the company. The paper reported that councillor William Stucke is alleged to be the source of the leak.

“As a member of the industry regulated by ICASA, Telkom is dismayed by a possible violation of due process which will unavoidably jeopardise the trust and confidence of the industry in the regulatory processes.”

In a statement, Telkom says that, as a party directly affected, Telkom would be “appalled” by the breach, particularly if it was committed by an ICASA councillor, as alleged. “Telkom is investigating the implications of possible damage that it may suffer from the alleged conduct relating to the leak of confidential internal information if found to be true.”

Telkom “expects that any person found responsible for such despicable conduct will be dealt with severely”. It says an in-depth investigation is imperative to restore a sound relationship between ICASA and the industry that will undoubtedly be compromised should the alleged conduct be proved.

Stucke would not take ITWeb's calls.

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