Fibre installations into estates

gtrza

New Member
Joined
Mar 20, 2019
Messages
3
#1
We are a small estate in the Western Cape and we own all infrastructure within the estate. Telkom has installed their lines in our communications infrastructure first as we needed access to landlines and ADSL. Now that Octotel and Frogfoot fibre has finally arrived, they are not willing to install their lines within the same infrastructure as they have stated that Telkom does not allow them to run their lines in the same infrastructure even if the infrastructure is owned by the estate. What is the rights of the estate and the other providers? Surely Telkom cannot bully providers from not using the infrastructure that is not even used by them? Is this a violation that the competition commission can sort out? Anyone had the same issue or advice on how to solve this problem...
 

Venomous

Honorary Master
Joined
Oct 6, 2010
Messages
52,850
#2
Norrmally that is right.
But typically that means telkom owns the conduits/infrastructure where the cables go.

My suggestion:
Constact ICASA and look up tbe laws around that.

In the complex where I lived until recently the contractors used the ducting /manholes that were there for the electricity. So the cables come out on the buildings where the electricity meters are on the sides of the buildings. Meters are privately owned though as the complex bills the various owners.
They did not uses the infrastructure where the telkom cables are located.
 

gtrza

New Member
Joined
Mar 20, 2019
Messages
3
#3
I found this article - http://www.securitysa.com/7644r

"Generally speaking, the network provider owns that part of the network comprising the equipment which receives communication signals for distribution within the estate, the HOA owns all cabling and associated components traversing common property, and the sectional or land owners own their residential connections to the network, including the modem, telephone, television and other device to which the electronic signal is ultimately delivered. "

Will update if I find anything else...
 
Joined
Jul 17, 2017
Messages
13
#5
They will have to trench their own cables telkom would never allow them to use it and frogfoot Octotel will probably be beter off using their own infrastructure rather than telkoms
 

biena

Executive Member
Joined
Dec 6, 2006
Messages
5,775
#6
We are a small estate in the Western Cape and we own all infrastructure within the estate.
You will need to read the contract with Telkom, it is likely that the estate ceded infrastructure to Telkom on installation of the fibre.
 

pinball wizard

Honorary Master
Joined
Feb 9, 2010
Messages
14,099
#8
We are a small estate in the Western Cape and we own all infrastructure within the estate. Telkom has installed their lines in our communications infrastructure first as we needed access to landlines and ADSL. Now that Octotel and Frogfoot fibre has finally arrived, they are not willing to install their lines within the same infrastructure as they have stated that Telkom does not allow them to run their lines in the same infrastructure even if the infrastructure is owned by the estate. What is the rights of the estate and the other providers? Surely Telkom cannot bully providers from not using the infrastructure that is not even used by them? Is this a violation that the competition commission can sort out? Anyone had the same issue or advice on how to solve this problem...
Yeah. Telkom took Vodacom to court over this issue at an estate in gauteng. Telkom won at high court stage and as a result the rest of us FNO's will not touch infrastructure that has Telkom of any sort in it already. There's no use fighting this.
 

pinball wizard

Honorary Master
Joined
Feb 9, 2010
Messages
14,099
#9
You will need to read the contract with Telkom, it is likely that the estate ceded infrastructure to Telkom on installation of the fibre.
Doesn't matter. The high court ruling I mention above allows Telkom to effectively "own" the sleeves they put their infrastructure into regardless of whoever originally owned/built the sleeves.
 

biena

Executive Member
Joined
Dec 6, 2006
Messages
5,775
#10
Doesn't matter. The high court ruling I mention above allows Telkom to effectively "own" the sleeves they put their infrastructure into regardless of whoever originally owned/built the sleeves.
Yeah though there was something, did not know about the court ruling assumed it would be contract bound.
 

pinball wizard

Honorary Master
Joined
Feb 9, 2010
Messages
14,099
#11
Yeah though there was something, did not know about the court ruling assumed it would be contract bound.
We all used to use the sleeves if the estate put in writing that we could use them. Then the paw-paw hit the high court and as a result we won't go near them anymore.
 

calypso

Expert Member
Joined
Feb 10, 2009
Messages
1,207
#12
Im sure the local fibre providers wouldnt like other providers to use their sleeves if they also had to go through the effort to trenching the whole estate.

Another thing to look our for is that Frogfoot or OctoTel take exclusivity on the side. Im currently struggling with Frogfoot as they dont want anyone else in the complex for 10 years.
 

ThatOtherDude

Well-Known Member
Joined
Sep 10, 2018
Messages
193
#13
We NEVER install fibre in conduits/ducts/sleeves already occupied by Telkom.


It's very bad business (for everyone).



Let's say I install my 48core (inside a 2 way duct) that sits inside a 110mm sleeve that runs down the entire length of an MDU (complex)

Let's say Telkom was there first (they usually are) and they installed their 25 pair telco cable down the same 110mm sleeve.

2 weeks after my installation was signed off one resident's telephone or ADSL line goes dead.

The Telkom tech arrives & sees "his" cable now has a "new friend" inside the 110mm sleeve. (my 2 way duct)


He immediately drops his tools, gets in his bakkie & goes to KFC for a burger.
After his burger he reports that "someone" damaged his 25 pair (or the clients cable) by sticking "other stuff" into "his" conduit.

Case closed according to Telkom.
They'll fix it, but they'll send me the bill.
Until I agree to pay, the resident remains offline.


so...



a) the resident is unhappy because he/she hears the Telkom story.
b) the body corporate chair is in the k@k because he/she allowed the 110mm sleeve to be used.
c) I'm in the k@k because I have to go and replace a 25pair tellco cable & re-connect everyone's phones/ADSL oir I have to foot the Telkom bill.

** I could refuse but then the complex people goes to hellopeter and my company's reputation is shot - even though we did nothing worng.


Liek I said.


It's "bad business".....
 

dominic

Legal Expert: Telecoms
Joined
Sep 7, 2004
Messages
7,279
#14
We are a small estate in the Western Cape and we own all infrastructure within the estate. Telkom has installed their lines in our communications infrastructure first as we needed access to landlines and ADSL. Now that Octotel and Frogfoot fibre has finally arrived, they are not willing to install their lines within the same infrastructure as they have stated that Telkom does not allow them to run their lines in the same infrastructure even if the infrastructure is owned by the estate. What is the rights of the estate and the other providers? Surely Telkom cannot bully providers from not using the infrastructure that is not even used by them? Is this a violation that the competition commission can sort out? Anyone had the same issue or advice on how to solve this problem...
hi - you are welcome to contact www.ellipsis.co.za for advice, deal with lots of this
 
Top