Value-added network service providers (VANS) wanting to self-provide national backhaul networks through an individual electronic communications network service (I-ECNS) licence face the same financial and social obligations as major telecoms operators.
This is according to Independent Communications Authority of SA (ICASA) chairman Paris Mashile.
He spoke in response to a presentation by Uninet CFO Mulwell Rebelo, at the sixth annual Digital Africa Summit, in Sandton, this week.
The issue arose during a discussion on the High Court proceedings instituted by the Wireless Access Providers' Association (WAPA) asking for clarity on the right of VANS to self-provide networks.
WAPA believes VANS have held this right since 2006, but there has been conflicting messages on the issue, said Rebelo.
In response, Mashile said licences that ICASA issues to operators under the same group have to be similar in every respect.
This means that, in theory, VANs issued with I-ECNS licences have similar financial and social obligations as major players like Telkom, Neotel and the mobile network providers. "If there are differences, they must be justifiable," he said.
Mashile also argued that the Electronic Communications (EC) Act already provided that VANS can self-provide networks through the class ECNS licence system.
A class ECNS licence allows telecoms providers to roll-out regional telecoms networks, but they cannot establish national backhaul infrastructure. "The terms and conditions are clear," Mashile said.
No limit
ICASA previously argued that it is not trying to exclude VANS from gaining access to I-ECNS licences.
The regulator said it would convert current licences, and then ask VANS to present their business and technical plans to be considered for I-ECNS licences.
ICASA did not set a limit on the number of I-ECNS licences it would issue, said the official. The number of VANS gaining a licence will depend entirely on the number of VANS that qualify, he noted.
The Internet Service Providers Association of SA says it is watching the WAPA proceedings with interest. However, it neither approved nor disapproved of the legal action.
ICASA is also facing legal action from Altech Autopage Cellular on the issue of whether VANS have the right to self-provide networks.
The company launched an urgent application with the Transvaal High Court to interdict the ICASA process to convert licences to be in line with the EC Act.
The application also cites communications minister Ivy Matsepe-Casaburri, Mashile and the 24 VANS that either participated, or indicated their willingness to participate, in the ICASA licence conversion hearings, as respondents.
ICASA says it is aware of media reports on the case, but would not comment further.
Related stories:
Autopage takes ICASA, DOC to court
Frustrated WAPA takes legal action
Share