Spectrum stand-off needs clarity of court outcome
30 August 2016
The pending court case on the spectrum stand-off between the Independent Communications Authority of South Africa (ICASA) and the Minister of Telecommunications and Postal Services, Dr Siyabonga Cwele, will hopefully soon clarify the legality of ICASA’s proposed auction.
The parliamentary portfolio Committee on Telecommunications and Postal Services heard today that ICASA is confident in the process it followed in the 15 July 2016 gazetting of an Invitation to Apply (ITA) to participate in an auction for high-demand spectrum necessary for the expansion of wireless broadband networks.
It is our view that the ITA be amended in response to valid criticisms lodged with ICASA and any actions that the court may request to ensure speedy auction of the spectrum. South Africa desperately needs the spectrum to rapidly bridge the digital divide between marginalised and privileged communities in the best interests of service delivery, economic growth and international inclusion.
In so doing Minister Cwele must withdraw from the ICT Paper his proposed plan for a national wireless open access network, for which Lot A of the ITA has been reserved, until the public has sight of his network plan and has had ample opportunity to engage with its structure, management and funding. This must be done in a process separate from the ICT White Paper to avoid further delaying its Cabinet approval.
This comes after Minister Cwele has already applied to the North Gauteng High Court for an interdict to stop the process. This will be heard in Pretoria on 13 September 2016.
Mr Cwele was today loathe to engage the committee on the details of his application, despite having conducted a number of media interviews on why the auction was at odds with his (unpublished) plans for a Wireless Open Access Network as envisaged in the ICT White Paper. The review of ICT policy was started in 2012 and the resultant White Paper has been bogged-down by the Cabinet approval process since 2 March 2016.
Minister Cwele denied that the failure to have the ICT White Paper approved by Cabinet within the past five months was the result of any tug-of-war between ANC factions, saying that he had no knowledge of these.
ICASA gave the committee the history of its actions, maintaining its view that it followed an inclusive and open process before gazetting the ITA. It said that it had engaged with ICT sector players and the public, who sought clarity on the ITA via the ICASA website, and it was possible that some of its terms might be changed based on these and the outcome of the September 13 interdict hearing.
South Africa cannot afford to keep treading water on its full participation in the knowledge economy while spectrum wars and potential years-long litigation on the issue hold us back.
Issued by Marian Shinn, DA Shadow Minister of Telecommunications and Postal Services, 30 August 2016
