South Africa’s High Court in Pretoria has delayed the upcoming auction of mobile spectrum after Telkom and Etv were awarded an interdict in their case against the Independent Communications Authority of South Africa (ICASA). This will stop the spectrum auction from taking place later this month, until the full case is heard by the high court in Pretoria.
According to the ruling, Icasa may not process or decide on any spectrum applications as part of its invitation to apply issued earlier in 2021, reports MyBroadband.co.za. The closing date for spectrum applications related to the planned wholesale open-access network (WOAN) has also been temporarily suspended as a result of the injunction.
Telkom said it welcomes the judgement of the Gauteng High Court, which affirms its view that there are concerns regarding the lawfulness of the Icasa process, it said. Telkom Group Executive for Regulatory Affairs Siyabonga Mahlangu said whilst they wait for the court to hear the review, Icasa should engage with stakeholders and explore a path to licence spectrum "lawfully, rationally, and expeditiously".
The long-awaited auction will offer frequencies in the 700MHz, 800MHz, 2600MHz and 3500MHz bands, allowing operators to boost capacity for data services and start expanding their 5G services. The three operators MTN, Vodacom and Telkom were awarded temporary licences in these bands last April to help meet demand during the coronavirus pandemic. They will remain valid until the auction, which was expected to take place by the end of March 2021.
In December, Icasa announced that six companies had applied to participate in the bidding. Last month it pushed back the announcement on qualified bidders to 23 March.
Telkom and Etv have argued that the assignment of spectrum in the 700-800 MHz band cannot occur until the long-delayed digital TV migration process is completed. Telkom is seeking a court order that digital migration be completed by 30 June 2021. President Cyril Ramaphosa said during his State of the Nation address that the digital migration process would be completed by March 2022.
Icasa is facing another lawsuit from MTN on the auction as well, contesting some of the bidding conditions.
