Those eager to hear the outcome of the drawn-out saga of Screamer Telecommunications’ allegedly unlawful deal with Sentech to use a portion of the state-owned signal distributor’s spectrum will have to wait until at least November.
Screamer appeared before the Independent Communications Authority of South Africa’s (Icasa’s) complaints and compliance committee last week to defend itself against allegations that it used the spectrum illegally. With closing arguments only set to be heard at the end of October, however, the company won’t know its fate before November.
The committee held three days of hearings last week but ran out of time before closing arguments could be heard. Lindisa Mabulu, the committee’s coordinator, says both Icasa’s and Screamer’s legal teams need to submit their closing arguments in writing by 21 October and will have to present these orally a week later.
“Thereafter, the committee takes a decision and the chair writes a recommendation,” Mabulu says. It’s unclear how long it will take the committee to reach a decision after closing arguments have been presented.
Screamer stands accused of using spectrum in the 2,6GHz band without a spectrum licence. The company has pleaded innocence, with its lawyers arguing last Wednesday that a contract between it and signal distribution company 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, meanwhile, 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 have submitted that Screamer ought to face criminal prosecution. — (c) 2013 NewsCentral Media
