The Independent Communications Authority of South Africa (ICASA) is appealing to Telkom to withdraw its litigation against the telecoms regulator over the just-concluded spectrum auction process.
ICASA made the remarks while applauding the Pretoria High Court judgement that ruled yesterday that the analogue switch-off be postponed to end-June.
Earlier this month, minister Khumbudzo Ntshavheni announced her ministry – the Department of Communications and Digital Technologies – planned to switch off analogue TV signals on 31 March, marking the end of dual-illumination in the country.
The date of 31 March was gazetted despite the legal tussle with Etv regarding the implementation of the broadcasting digital migration.
Etv, owned by eMedia, approached the courts to challenge government’s plan to expedite the digital TV migration process. It argued the move to switch-off analogue at the end of this month will kill the businesses of free-to-air broadcasters.
In a statement today, ICASA says it welcomes the judgement and order issued on Monday, 28 March, by the full bench of the Pretoria High Court, in respect of the digital migration case between Etv and the minister of communications and digital technologies.
The authority notes the High Court has dismissed the applications by Etv and other related parties to restrain the minister from determining the analogue switch-off date until every indigent person, whether registered for set-top boxes (STBs) or not, is provided with such STBs.
Ntshavheni also accepted the ruling, saying she’s elated the applications of Etv and the intervening parties have been dismissed with costs.
According to ICASA, to ensure a seamless and orderly transition, the High Court exercised the residual powers conferred to it by section 172(1)(b) of the Constitution by deferring the analogue switch-off date from 31 March 2022 to 30 June 2022.
In this regard, it says, the judgement aligns with the expiry of the provisional spectrum licence period, as communicated by the authority in its media statement of Monday, 28 March, aimed at ensuring the seamless transition of services by 1 July.
“This judgement brings certainty and conclusiveness with regards to digital migration in South Africa. This coincides with the successful conclusion of the radio frequency spectrum auction, as well as government’s intention to revise the wireless open access network policy regime,” says ICASA chairperson Dr Keabetswe Modimoeng.
Furthermore, the chairperson appeals again to Telkom to reconsider its position on its own litigation in relation to the auction of high-demand spectrum.
Yesterday, Telkom said it will persist with its court application to ensure the licensing of spectrum promotes “effective competition in the mobile market in line with the objective of the Electronic Communications Act”.
Telkom said it will continue with its court action against the regulator, and its application is set down for hearing from 11 to 14 April.
Telkom has been at odds with ICASA’s roadmap to license the spectrum. Telkom says it has serious difficulties with ICASA’s decision to again include sub-1GHz spectrum in the auction.
The telco argues this band is currently the subject of a legal challenge brought by broadcaster Etv in the digital migration process.
“As a result of these developments, we appeal to Telkom to consider withdrawing its litigation, and to allow the upcoming consultation avenues on these regulatory interventions to conclude,” says Modimoeng.
“It is therefore a humble plea, and we believe that Telkom will join all of us in embracing the new winds of digital evolution in our country.”
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