Government comments ‘inexplicable’
| Rudolph Muller | May 23, 2008 | No comments |
Comments that a third fixed line operator and fourth mobile operator will be licensed seems misguided.
In a recent ITWeb article Khotso Khumalo, whip in the Portfolio Committee on Communications, is quoted as saying that an additional mobile and fixed-line operator would be licensed next year. Khumalo further said that government wanted VANS to be allowed to self-provide and that the frequency spectrum allocation would be made more efficient.
While these statements were welcomed by some analysts, it is not clear how Government intends to license a third fixed line operator or a fourth mobile operator in the new licensing framework where Individual ECNS licensees all have the same rights.
Under the current Electronic Communications Act (“the ECA”), which came into effect on 19 July 2006, no distinction is made between fixed line and mobile network provisioning when it comes to electronic communications network licenses.
One industry expert described the comments regarding the licensing of one more fixed line operator and one more mobile operator as inexplicable in the current licensing and regulatory framework.
Khumalo’s statement about the self-provisioning of VANS is also confusing. The matter is currently in the hands of the courts purely due to uncertainty whether VANS can actually self provide or not.
Both the Wireless Access Providers Association (WAPA) and Altech Autopage have approached the High Court for clarity regarding issue of the self provisioning of VANS.
According to a regulatory and legal expert an official statement from Government clearly indicating that VANS can self provide will not only make the current court actions unnecessary but also speed up the license conversion process.
All that is therefore needed to give network provisioning rights to current VANS licensees is a statement to this effect from the Minister – something which would finally clarify the confusion which followed her last clarification. This can easily be done.
Khumalo could not be reached for comment by the time of publication
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