Complex refuses Vumatel Fibre

[pinball wizard]

I think you need to read that poster's posts in this thread again.

The govt road was built africa style and is on his actual land not on the space reserved for the road. That makes the so called pavement his own personal property. That means that he can insist that they repair his paving on his own property.

Or can I come dig up your front garden that you own?

Did you miss this part:

The ECA is pretty clear about this;
22. (1) An electronic communications network service licensee may—
(a) enter upon any land

 

[supersunbird]

Did you miss this part:

Is enter and dig up the same thing?

 

[pinball wizard]

Is enter and dig up the same thing?

Yes.

Doesn't anyone read anymore:

b construct and maintain an electronic communications network or electronic
communications facilities upon, under, over, along or across any land,

 

[ReggaeBoyz]

Does your complex by any chance already have conduits for phone lines etc? If not does it already have poles for phone lines? In our complex we used existing conduits so there was very limited digging (and even where they did dig it was restored so well you can't see the difference).

The only catch I think is that you have to own the conduits, in some complexes Telkom "owns" the conduit lines but in ours the complex itself had them built etc. Often Telkom thinks they own the conduits, but it isn't always the case.

Good day, Just to correct you on the ownership of conduits. According to the Openserve/Telkom vs Vodacom judgement, any conduits within a complex that had any Telkom/Openserve cables in them belong to Openserve. If you install any other cables and Openserve find them then they will cut them and force you to remove them at your cost.

 

[STORMERSFAN]

Good day, Just to correct you on the ownership of conduits. According to the Openserve/Telkom vs Vodacom judgement, any conduits within a complex that had any Telkom/Openserve cables in them belong to Openserve. If you install any other cables and Openserve find them then they will cut them and force you to remove them at your cost.

Yes we were also told that by vumatel as we wanted to use the existing conduits..vumatel wouldnt touch them lol

 

[Carnajo]

Good day, Just to correct you on the ownership of conduits. According to the Openserve/Telkom vs Vodacom judgement, any conduits within a complex that had any Telkom/Openserve cables in them belong to Openserve. If you install any other cables and Openserve find them then they will cut them and force you to remove them at your cost.

We installed the conduits, not Telkom. We allowed Telkom to use them. At no point did we give ownership of them over to Telkom nor did we sign any agreements with Telkom. In the case you are referring to the ducts were constructed by Telkom. As I said, often Telkom owns them, but it isn't always the case.

(In fact when the complex was constructed there was no Telkom infrastructure in the complex and they initially didn't want to install ADSL for us).

 

[calypso]

I have also heard the same. Once the cable is in, the conduit belongs to Telkom.

 

[Nobody Important]

Too many pages to go through. What happened in the end? Did the OP (@jbaillie ) sue his HOA?

 

[isie]

Too many pages to go through. What happened in the end? Did the OP (@jbaillie ) sue his HOA?

nope one of the trustees posted here he was also trying to get fibre - bla di bla hoa meeting and fibre was approved

 

[Nobody Important]

nope one of the trustees posted here he was also trying to get fibre - bla di bla hoa meeting and fibre was approved

Lol, the OP should have first canvassed his neighbours before threatening to sue it seems. Common knee-jerk reaction.

 

[isie]

Lol, the OP should have first canvassed his neighbours before threatening to sue it seems. Common knee-jerk reaction.

pretty much what i said