There has finally been some development in the long-running saga over Screamer Telecommunications’ alleged unlawful deal with Sentech to use a portion of the state-owned signal distributor’s spectrum, a matter under investigation by communications regulator Icasa’s complaints and compliance committee.
Icasa referred the matter to the committee in August 2011, alleging that Screamer contravened the Electronic Communications Act between January 2007 and May 2011 by “transmitting signals by radio” and using spectrum “without a radio frequency spectrum licence”.
On Wednesday, Icasa said the committee’s hearings into the matter will resume on 2 and 3 June.
“The matter was first heard on 25 June 2012, and subsequently postponed due to non-availability of an important witness. The matter was finally heard from 11 to 13 September 2013,” Icasa said. “It was at this hearing that it became apparent that the services of an expert witness in telecoms was required to enable the complaints and compliance committee to fully understand the technical aspects of this case to allow it to come to a just and correct finding.”
This witness has now been secured, according to Icasa, though it does not say who it is.
Screamer stands accused of using spectrum in the 2,6GHz band without a spectrum licence. The company pleaded innocence, with its lawyers arguing at last year’s hearings that a contract with Sentech entitled it to use the spectrum in question and that the real question is whether or not this contract was lawful.
Icasa’s lawyers argued that irrespective of the legitimacy of the contract between Sentech and Screamer, the latter was still in breach of the Electronic Communications Act for using spectrum without a licence and possessing equipment used to do so. Icasa’s lawyers submitted that Screamer ought to face criminal prosecution. — © 2014 NewsCentral Media