Altech Autopage Cellular has launched an urgent application with the Transvaal High Court to interdict the licence conversion process currently under way by the Independent Communications Authority of SA (ICASA).
The application also cites communications minister Ivy Matsepe-Casaburri, ICASA chairman Paris Mashile, and 24 value-added network services (VANS) as respondents. The latter are companies that either participated or indicated their willingness to participate in the ICASA licence conversion hearings of 17 to 19 March.
The gist of Autopage's submission is that it wants VANS to be allowed to self-provide, ie to build their own transmission networks, and it contends that ICASA has taken the stand that they are not.
Earlier this month, the Wireless Access Providers' Association (WAPA) launched a similar legal action against ICASA and Matsepe-Casaburri.
The difference between the two complaints is that WAPA wants the courts to rule that VANS are allowed to self-provide, while Autopage wants the courts to rule for self-provision and that the entire licence conversion process is flawed. The company also states the minister's press release of January 2005, in which she stated it was not her intention to allow VANS to self-provide, was ultra vires, ie beyond her powers.
In particular, Autopage wants the court to stop ICASA from continuing with the competitive process to grant selected VANS individual electronic communications network service (I-ECNS) licences in terms of the Electronic Communications Act. It also wants ICASA to be prevented from granting selected VANS I-ECNS licences before the mentioned process is completed.
Matsepe-Casaburri issued a policy directive in her 2007 budget vote speech, stating ICASA should see if some or no VANS should be issued I-ECNS licences. ICASA appears to hold the view that only holders of I-ECNS licences would be allowed to self-provide and the granting of such a licence would be subject to the payment of a yet-to-be-determined hefty licence fee.
Autopage wants the court to rule that it does not need to apply for an I-ECNS licence and it does not need to take part in a competitive process to gain one in terms of the Electronics Communications Act.
Companies that are virtually guaranteed to be granted I-ECNS licences are Telkom, Neotel, Vodacom, MTN and Cell C. VANS that are in the front running to gain such a licence are Vox Telecom, Internet Solutions, MWeb, Global Web Intact and Verizon.
Autopage's application states it wants the court to hear the matter on 13 May, the same day Matsepe-Casaburri is scheduled to deliver her department's budget speech.
VANS that have been cited as respondents are Autumn Star, BNR Consulting, CDP Automation, Connection Telecom, Cybersmart, Easycoms, ECN Telecommunications, First Rand Bank, Frogfoot Networks, Gateway Communications, Global Star Satellite, Goal Technology Solutions, IOnfovan, Internet Solutions, Isogo Internet Solutions, MWeb, Smile Telecommunications, Skygistics, Spescom Special Resources, Telfree Communications, Trusc Technologies and Vox Telecom.
Autopage's attorneys are Edward Nathan Sonnenbergs.
Related story:
Frustrated WAPA takes legal action
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