Close Menu
TechCentralTechCentral

    Subscribe to the newsletter

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Facebook X (Twitter) YouTube LinkedIn
    WhatsApp Facebook X (Twitter) LinkedIn YouTube
    TechCentralTechCentral
    • News

      Legislative overhaul on the cards for South Africa’s ICT sector

      14 July 2025

      The 1940s visionary who imagined the Information Age

      14 July 2025

      Trump tariffs could wreck South Africa’s vehicle manufacturing industry

      14 July 2025

      Microsoft South Africa to get new MD as Lillian Barnard moves to regional role

      14 July 2025

      Zuckerberg used open source to scale AI – now the lock-in begins

      14 July 2025
    • World

      Grok 4 arrives with bold claims and fresh controversy

      10 July 2025

      Bitcoin pushes higher into record territory

      10 July 2025

      Cupertino vs Brussels: Apple challenges Big Tech crackdown

      7 July 2025

      Grammarly acquires e-mail start-up Superhuman

      1 July 2025

      Apple considers ditching its own AI in Siri overhaul

      1 July 2025
    • In-depth

      Siemens is battling Big Tech for AI supremacy in factories

      24 June 2025

      The algorithm will sing now: why musicians should be worried about AI

      20 June 2025

      Meta bets $72-billion on AI – and investors love it

      17 June 2025

      MultiChoice may unbundle SuperSport from DStv

      12 June 2025

      Grok promised bias-free chat. Then came the edits

      2 June 2025
    • TCS

      TCS+ | MVNX on the opportunities in South Africa’s booming MVNO market

      11 July 2025

      TCS | Connecting Saffas – Renier Lombard on The Lekker Network

      7 July 2025

      TechCentral Nexus S0E4: Takealot’s big Post Office jobs plan

      4 July 2025

      TCS | Tech, townships and tenacity: Spar’s plan to win with Spar2U

      3 July 2025

      TCS+ | First Distribution on the latest and greatest cloud technologies

      27 June 2025
    • Opinion

      In defence of equity alternatives for BEE

      30 June 2025

      E-commerce in ICT distribution: enabler or disruptor?

      30 June 2025

      South Africa pioneered drone laws a decade ago – now it must catch up

      17 June 2025

      AI and the future of ICT distribution

      16 June 2025

      Singapore soared – why can’t we? Lessons South Africa refuses to learn

      13 June 2025
    • Company Hubs
      • Africa Data Centres
      • AfriGIS
      • Altron Digital Business
      • Altron Document Solutions
      • Altron Group
      • Arctic Wolf
      • AvertITD
      • Braintree
      • CallMiner
      • CambriLearn
      • CYBER1 Solutions
      • Digicloud Africa
      • Digimune
      • Domains.co.za
      • ESET
      • Euphoria Telecom
      • Incredible Business
      • iONLINE
      • Iris Network Systems
      • LSD Open
      • NEC XON
      • Network Platforms
      • Next DLP
      • Ovations
      • Paracon
      • Paratus
      • Q-KON
      • SevenC
      • SkyWire
      • Solid8 Technologies
      • Telit Cinterion
      • Tenable
      • Vertiv
      • Videri Digital
      • Wipro
      • Workday
    • Sections
      • AI and machine learning
      • Banking
      • Broadcasting and Media
      • Cloud services
      • Contact centres and CX
      • Cryptocurrencies
      • Education and skills
      • Electronics and hardware
      • Energy and sustainability
      • Enterprise software
      • Fintech
      • Information security
      • Internet and connectivity
      • Internet of Things
      • Investment
      • IT services
      • Lifestyle
      • Motoring
      • Public sector
      • Retail and e-commerce
      • Science
      • SMEs and start-ups
      • Social media
      • Talent and leadership
      • Telecoms
    • Events
    • Advertise
    TechCentralTechCentral
    Home » News » Icasa ‘must explain’ mysterious Lot A

    Icasa ‘must explain’ mysterious Lot A

    By Duncan McLeod26 September 2016
    Twitter LinkedIn Facebook WhatsApp Email Telegram Copy Link
    News Alerts
    WhatsApp

    lot-a-640

    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.

    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.”

    cell-tower-640

    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



    Cell C Graham Mackinnon Icasa Siyabonga Cwele Telkom Vodacom
    Subscribe to TechCentral Subscribe to TechCentral
    Share. Facebook Twitter LinkedIn WhatsApp Telegram Email Copy Link
    Previous ArticleDTI wants Tesla to invest in SA
    Next Article Satellite operators in for a rough ride

    Related Posts

    Blue Label Telecoms to change its name as restructuring gathers pace

    11 July 2025

    EFF vows to stop Starlink from launching in South Africa

    11 July 2025

    Spam call epidemic: operators say their hands are tied

    10 July 2025
    Company News

    Obsidian Systems makes the case for Linux in modern infrastructure

    14 July 2025

    Banking on LEO: Q-KON transforms financial services connectivity

    14 July 2025

    The future of business calling: Voys brings your landline to the cloud

    14 July 2025
    Opinion

    In defence of equity alternatives for BEE

    30 June 2025

    E-commerce in ICT distribution: enabler or disruptor?

    30 June 2025

    South Africa pioneered drone laws a decade ago – now it must catch up

    17 June 2025

    Subscribe to Updates

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    © 2009 - 2025 NewsCentral Media

    Type above and press Enter to search. Press Esc to cancel.