
--
Icasa asked to explain mysterious Lot A --
Tue, 27 Sep 2016 09:54
--
The failure by Icasa to explain what a reserved Lot A of radio frequency spectrum will be used for should result in the communications regulator being prevented from proceeding with its planned spectrum auction, Cell C has argued in court papers.
TechCentral reported that the mobile operator has set out five reasons why it believes Icasa has erred in publishing an invitation to apply (ITA) for access to so-called high-demand spectrum in the 700MHz, 800MHz and 2,6GHz bands before government has finalised a white paper on ICT, which is expected to deal with the spectrum issue.
Icasa is to face off in court this week with communications minister Siyabonga Cwele over the ITA.
Cell C, which has joined the court proceedings, said it appears Icasa s decision to keep aside Lot A which includes more spectrum than any of the other four lots to be made available through the auction process is irrational . Icasa has said access to Lot A will be made available at a later date and through a separate process.
The regulator failed during a clarification process with interested bidders to explain why Lot A has been reserved for later use, Cell C said.
Spectrum is a finite resource and must be allocated in the public interest in a manner that will ensure its efficient use, said the company s chief legal officer, Graham Mackinnon, in a founding affidavit lodged with the high court in Pretoria.
Failing to indicate why or for what purpose a significant portion of high-demand spectrum will not be licensed in the same process as the balance of the same type of spectrum is simply incomprehensible and supports the conclusion that the decision is arbitrary and irrational, Mackinnon said.
Mobile operators like Cell C require regulatory certainty in order to plan their operations and give effect to Icasa s stated coverage and speed objectives. This cannot be done without knowing when and on what basis Lot A will become available. Icasa s omission of the lot thus appears arbitrary. The absence of a reason for the omission creates the inference that it was irrational.
In its court papers, Cell C has argued for the ITA to set aside.
It said that, during a clarification phase, Icasa answered only 18 questions of 74 posed by Cell C. The failure to answer most of the questions amounts to administrative failure , said Mackinnon.
Not only did Icasa not answer all of Cell C s questions, but many of the answers that were provided in the clarification are vague, lack sufficient detail and at times answers have been given that are contradictory to each other and/or the ITA.
The lack of detail, he said, makes it extremely difficult for interested bidders to decide which lots to bid on.
He argued the decision to issue the ITA is unlawful and invalid as it constitutes unlawful administrative action and the unlawful exercise of public power.
Among the reasons Cell C believes the ITA should be halted are its black empowerment requirements and its roll-out targets.
Mackinnon said Cell C as well as Vodacom and Telkom will not be able to comply with the ITA s requirements for BEE by the application deadline. (Icasa has reportedly since softened the requirements.)
Also, the ITA s 100% coverage requirements are onerous and go far beyond what is reasonable and required in South Africa Connect, the country s broadband policy document.
Cell C is concerned, too, that obligations in respect of certain spectrum bands have to be fulfilled immediately, even though it may be several years before the digital dividend bands become available because of the delays in South Africa s broadcasting digital migration project.
Lastly, the operator believes that a requirement to provide a fully funded, 10-year business plan to Icasa is unreasonable. 2016 NewsCentral Media
Source: TechCentral
Related Articles
Minister to sue Icasa over spectrum auctionTelecommunications and postal services minister Siyabonga Cwele will institute legal proceedings against communications regulator Icasa...
Read more...
Icasa moves to license 4G spectrum Icasa has issued an invitation for interested telecommunications operators to apply for access to so-called high-demand spectrum bands. TechCentral reports...
Read more...
-- --
-- --
-- Please enable JavaScript to view the comments powered by Disqus. comments powered by Disqus
Most recent headlines
05/01/2027
Worlds first 802.15.4ab-UWB chip verified by Calterah and Rohde & Schwarz to be ...
06/09/2026
June 9 2026, 23:00 (PDT) Dolby and MagentaTV Bring Fans Closer to the FIFA Worl...
04/08/2026
Dalet, a leading technology and service provider for media-rich organizations, t...
04/07/2026
April 7 2026, 19:00 (PDT) Detective Conan: Fallen Angel of the Highway Opens in...
01/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
01/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
01/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
01/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
01/07/2026
Groundbreaking First Nations Screen Business Accelerator launched through nation...
01/07/2026
Chyron Launches the All-New Chyron Academy: A Reimagined, Hands-On Learning Expe...
01/07/2026
Amplium Captures Kawasaki Brave Thunders Game with Blackmagic URSA Cine Immersiv...
01/07/2026
Boris FX Optics Expands Plugin Support to Apple Photos, Capture One, and Affinit...
30/06/2026
Could your journalism reach an international stage?
Entries are now open for the Thomson Foundation's Young Journalist Award 2026, one of the most prestigi...
30/06/2026
As Brazil's only way for fans to see all 104 matches, YouTube channel proves the power of digital...
30/06/2026
Brings together saturation & lo-fi effects
Following on from the release of their Voxcraft vocal-processing plug-in, UJAM have announced the launch of Retro...
30/06/2026
New IR reverb engine, Juno-inspired chorus & more
The latest version of Rapid Flow's hardware-emulation synth plug-in expands on its predecessor with a ...
30/06/2026
Excels at heavy-handed VCA compression
For their latest release, Shy Audio have recreated the crunchy' sound of a rackmount compressor that found its w...
30/06/2026
Component scarcity drives cost increases
Shortly after Apple's CEO Tim Cook acknowledged that cost increases would soon be inevitable , the company hav...
30/06/2026
Statement regarding GetUp Save Our SBS' campaign
30 June, 2026
Media releases
The GetUp Save Our SBS' campaign is an independent initiative. SBS ...
30/06/2026
Hitachi and Bank Pekao S.A. have completed the installation of the first Hitachi...
30/06/2026
eds3_5_jq(document).ready(function($) { $(#eds_sliderM519).chameleonSlider_2_1({ content_source:......
30/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
30/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
30/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
30/06/2026
MainStreaming, the award-winning and innovative Edge Video Delivery Network, today announced that it has been selected by ITV to support the delivery of ITVX, I...
30/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
30/06/2026
When Wheel of Fortune and Jeopardy! needed to upgrade their wireless communications system, they turned to Clear-Com FreeSpeak wireless for their iconic televi...
30/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
30/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
30/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
30/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
30/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
30/06/2026
Other World Computing Launches New Atlas Core Line with 256GB CFExpress 4.0 Type...
30/06/2026
DaVinci Resolve Studio Used for Taketoshi Sado's Perfume Cold Sleep -25 year...
30/06/2026
Life sciences has entered an era of computational scale, and for more than a dec...
30/06/2026
Fernando Cruz and Jaz Wray Join as Regional Sales Managers; Bringing Extensive S...
30/06/2026
As organizations move from AI pilots to production AI factories, infrastructure decisions have shifted from peak chip specifications to cost per token: how many...
30/06/2026
Editor's note: This post is part of Into the Omniverse, a series focused on ...
30/06/2026
Scripps Research scientists demonstrate a faster, cheaper route to making critical drugs using common table sugar New method illustrates how to build a tough ch...
29/06/2026
By Andy Rayner, CTO, Appear
The 2026 FIFA World Cup is the largest football tou...
29/06/2026
A new multi-country study from ESL FACEIT Group, Hero Esports, and Niko Partners estimates that 400 million Gen Z consumers regularly engage with esports, under...
29/06/2026
ESPN will mark America's 250th anniversary with a series of content initiatives across its linear, digital, and streaming platforms, including a special edi...
29/06/2026
The Esports Foundation has named OBSBOT the Official Camera and Webcam Partner for the Esports World Cup 2026, bringing the company's AI-powered imaging tec...
29/06/2026
Insight Productions has launched Insight Storm, a 53-foot mobile broadcast unit designed specifically for esports production, live entertainment, and digital-fi...
29/06/2026
Gravity Media once again provided broadcast, streaming, and content-distribution...
29/06/2026
The All England Lawn Tennis Club and IBM have introduced new and enhanced digita...
29/06/2026
Four-layer instrument aimed at dark electronic music
Excite Audio's latest software instrument has been designed with dark drum and bass, atmospheric te...
29/06/2026
New AI Assistant, Multi-channel Audio, ARA2 improvements & more
Tracktion's DAW software has just received its latest major update, gaining a selection ...
29/06/2026
Details environmental policies & results
The Focusrite Group have just announced that following a long audit process, they have published their 2026 sustain...
29/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...