AdLo
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Now to see what icasa and DoC will say, probably more waffle. -twiddle thumbs- still no adsl regulation.This rather undercuts Telkom SA's argument that it is bound by confidentiality and exposes its long campaign of not delivering the agreement to the South African government for what it is: simply obstruction of something it was able to do but chose not to for its own self-interested reasons.
And significantly, these terms and conditions should not contradict the regulation in place in the countries concerned. In other words, the parties concerned acknowledge the primacy of national law.
Would think telkom makes its own arrangements once the cable comes ashore - there is no exclusivity period - except the one this government made with telkom when they agreed telkoms sale.The point about primacy of national law is reinforced by paragraph 20.1 which states that the implementation of the cable is subject to obtaining the relevant agreements, Government authorisations, licences and necessary permits.
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Firstly, there appears to be no mention of the national exclusivity period that Telkom SA (the managing agents of the system) acknowledges exists.
Each investor in the project has been allocated a certain level of capacity according to the amount invested and this is has been calculated in MIU-Kilometres. As capacity was calculated in a distance-related measure, it lays the basis for charging on what is claimed to be distance-related tariffing.
Telkom charges three times more for using Sat3 than Mauritius Telecom charges, although Mauritius is further from the European landing points. That is because Mauritius Telecom was ordered by its regulator, the Information and Communication Technologies Authority, to cut its costs by 80%.