The Independent Communications Authority of South Africa (ICASA) said it has decided to consent to an order setting aside its decision to publish invitations to apply for new mobile spectrum, in order to avoid a long litigation battle with mobile operators. This follows four months of talks with the sector in an attempt to move forward on the licensing process.
The regulator issued its proposal for the spectrum awards last year. However, several operators opposed the conditions and filed lawsuits against the plan.
Despite the parties’ best efforts, a comprehensive settlement has not been achieved at this stage, said ICASA chair Keabetswe Modimoeng in statement. As a result, the regulator agreed to a court order setting aside its previous proposal. This means that the licensing of high-demand spectrum and the proposed wholesale access network (WOAN) will now be reconsidered by ICASA, taking into consideration the issues raised by the opposing operators, such as the completion of the broadcasting digital migration process and the assessment of competition in the ICT sector.
ICASA has filed its proposed consent order with the High Court, so all the litigants can accept the proposed consent order or file papers opposing ICASA's plan. The matter is set to be heard 15 September. Modimoeng urged all parties to confine themselves to the issues in dispute and the relief proposed, as venturing into other unrelated matters can only serve to derail the process further.
ICASA noted that it is not in a position to abandon the auction model as a method of assigning high-demand radio frequency spectrum. However, it is willing to consider separating the spectrum auction and the licensing of the WOAN.
