ICASA rolls over

By Paul Vecchiatto, ITWeb Cape Town correspondent

Cape Town, 16 May 2008

The Independent Communications Authority of SA (ICASA) has acceded to Altech Autopage Cellular's wishes.

The company demanded that the regulator cease the current licence conversion process of awarding selected VANS electronic communication network service (ECNS) licences.

A letter from ICASA's lawyers, Madhlopa Incorporated, to Altech Autopage Cellular - dated 30 April - states the regulator will not continue with the adjudication process with the objective of granting selected VANS individual-ECNS licences, in terms of the Electronic Communications Act.

The letter says ICASA will hold off the process until the court has determined the outcome of part of Altech Autopage Cellular's application.

Altech Autopage Cellular's application has four legs, namely: to interdict the process (which has now been achieved); to review the decision that VANS cannot self-provide (build their own networks); to declare that VANS can self-provide; to declare VANS can automatically receive an I-ECNS licence as part of the conversion process; and to direct ICASA to issue I-ECNS licences to VANS that request them.

A meeting was held in the presiding judge's chambers this week, in which dates were agreed to in order to expedite the proceedings.

These dates are:

* 26 May: ICASA will have to serve and file the record
* 4 June: Altech Autopage Cellular will file its supplementary affidavit
* 18 June: Responding affidavits to be filed
* 4 July: Altech Autopage Cellular's responding affidavit is due
* 21 July: A meeting between the heads of the parties will be held
* 29 to 31 July: The case will be heard

Internet Solutions and Vox Telecom have both expressed their intention to oppose Altech Autopage Cellular's application, as they believe it will unnecessarily delay the issuing of their I-ECNS licences.

The application by Altech Autopage Cellular dovetails with an application made last month by the Wireless Application Providers Association (WAPA) that asks the courts to clarify whether VANS are allowed to self-provide.

A legal representative for WAPA says it would seek to have the two cases heard together so as to avoid unnecessary expense and delay.