The Independent Communications Authority of SA (ICASA) today said it would not be pulling out of litigation around the issue of the third cellular licence.
The authority previously said it would not defend itself in the case, as the government had refused it supplementary funding to cover legal costs.
"The government has now made a commitment to ensure that ICASA has the necessary resources to fulfil its regulatory functions and to defend itself against alleged irregularities in the process of awarding the third cell licence," it said in a statement.
Licence applicant Nextcom, which brought the action to prevent the licence from being issued, has based its case in part on procedural issues and what it says amounts to ICASA ignoring its own rules.
"The authority would like to ensure that the court decides on such issues in order to ensure that there is regulatory clarity for itself and players in the broadcasting and telecommunications industry," the statement read.
ICASA says it will request a further two-week postponement in the case to draft answering affidavits, but is convinced of the urgency of the matter.
"ICASA would like to emphasise that it is crucial that the court case is concluded as rapidly as possible, in order to ensure that a third cellular phone operator is licensed and there is competition in the market," it said. "The viability of any new operator could be threatened with the delays in licensing."
Share