complex cant use existing ducts

[shaunstar]

whats the law on telkom not allowing another fiber company from using existing ducts in a complex?

 

[Paul Bedford]

According to a Supreme Court of Appeal judgement, you can use the existing ducts.

Security Complexes and Fibre – You Can Use Telkom Ducting After All | Miltons Matsemela

www.miltons.law.za

 

[seted]

Dennegeur Estate Home Owners Association and Another v Telkom SA SOC Ltd and Another (366/2018) [2019] ZASCA 37; 2019 (4) SA 451 (SCA) (29 March 2019)

www.saflii.org

 

[shaunstar]

thanks paul

 

[1edge1]

I know there are some providers that do not want to use existing ducts in an Estate that were provided by their competitors.

 

[CaptainObvious]

Ours where blocked by leaves and ground etc, installer decided it was too much effort to clean

 

[shaunstar]

But it's the old telkom ducts for telephone lines, now RSAWEB say they not allowed to use the ducts because it belongs to telkom

 

[thehuman]

According to a Supreme Court of Appeal judgement, you can use the existing ducts.

Security Complexes and Fibre – You Can Use Telkom Ducting After All | Miltons Matsemela

www.miltons.law.za

Think that was just for this one instance.

 

[supersunbird]

But it's the old telkom ducts for telephone lines, now RSAWEB say they not allowed to use the ducts because it belongs to telkom

Well, the courts disagree.

 

[thehuman]

Whos property is the existing telkom ducts? If it is the complex 's then maybe, i would take a bet that telkom will try take rsaweb to court if they tried.

 

[pinball wizard]

From an FNO's perspective, it isn't always as simple as what this one test case would have you believe.

 

[shaunstar]

Whos property is the existing telkom ducts? If it is the complex 's then maybe, i would take a bet that telkom will try take rsaweb to court if they tried.

it is a complex, im the owner of the flat, the body corporate dont want them digging trenches in the complex and they say they cant use the existing ducts.

 

[belator]

But it's the old telkom ducts for telephone lines, now RSAWEB say they not allowed to use the ducts because it belongs to telkom

Since when is RSAWeb a fibre network operator (FNO)? Where are they digging themselves in a compex?

 

[belator]

it is a complex, im the owner of the flat, the body corporate dont want them digging trenches in the complex and they say they cant use the existing ducts.

That's perfectly legal. It's private property. If the HOA / Trustees don't want the place dug up, that's their choice.

 

[1edge1]

The issue is usually two fold:

1) Majority vote does want to them to dig up the Estate and in their right won't have the Estate dug up;
2) RSAWeb did not lay the ducts and therefore will not install their infrastructure in them because if there are issues with ducts their infrastructure would be damaged. Also they tend to argue that they cannot guarantee the workship and quality of other ISP's ducts.

 

[pinball wizard]

The issue is usually two fold:

1) Majority vote does want to them to dig up the Estate and in their right won't have the Estate dug up;
2) RSAWeb did not lay the ducts and therefore will not install their infrastructure in them because if there are issues with ducts their infrastructure would be damaged. Also they tend to argue that they cannot guarantee the workship and quality of other ISP's ducts.

I address this issue regularly with complexes. I agree completely with point 2, and as for point 1, the answer from me is (after all re-instatement reassurances are given and even reference sites visited) is that you are simply shooting yourselves as a complex in the foot as you wont get fibre.

 

[1edge1]

I address this issue regularly with complexes. I agree completely with point 2, and as for point 1, the answer from me is (after all re-instatement reassurances are given and even reference sites visited) is that you are simply shooting yourselves as a complex in the foot as you wont get fibre.

Totally agree with you. But it comes down to folk that paid for a brand new house that do not understand what fibre is and not wanting it dug up around their new lawns/paving etc.

 

[Leno]

Advise the Body Corporate and residents that you cannot legally prevent a licensed provider from providing a service. This has been tested in court. Once you have let them know ask them if they want to be enforcing a decision which is against the law.

 

[pinball wizard]

Advise the Body Corporate and residents that you cannot legally prevent a licensed provider from providing a service. This has been tested in court. Once you have let them know ask them if they want to be enforcing a decision which is against the law.

Yeah, the section 25 route. All it does is piss everyone off and create bad blood. We never go that route as an FNO.

 

[Leno]

Another way if the majority want the digging, is to request a vote at the next AGM or SGM on the issue, then the trustee's have to carry out the members wishes