Local mobile operator MTN has confirmed that it has filed papers in the Pretoria High Court, opposing a decision taken by the Independent Communications Authority of South Africa (ICASA), to withdraw a temporary unused spectrum.
The regulator had announced it will stop the temporarily assigned spectrum at the end of next month.
ICASA had made the spectrum available on an emergency basis in April last year to interested licensed operators. It further extended the temporary spectrum this year but intends to completely withdraw its allocation next month.
ICASA cleared the spectrum in 2020 after companies were forced to allow employees to work from home due to lockdown regulations and COVID-19. MTN has now launched papers in support of Telkom’s application against the regulator, to return the temporary spectrum and the temporary spectrum pooling concessions that were granted by ICASA to mobile operators.
MTN says since the start of the pandemic, demand for data has increased by 165 percent and is not decreasing. It says the new demand for data requires the temporary spectrum if operators are to meet the speed, quality and coverage required by the regulator.
Telkom vs ICASA
Earlier this week ICASA said it will oppose Telkom’s litigation to prevent the expiry of the temporary COVID-19 spectrum allocation.
The telecoms regulator says the considerations that informed the issuing of the spectrum never contemplated that the spectrum would be licensed on a long-term or semi-permanent basis.
ICASA believes that it would be failed in its duty if it were to continue what it deems to be anti-competitive, unfair, and unjust spectrum licensing regime.
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