According to documents in MyBroadband's possession, recent routine monitoring and inspection by the Independent Communications Authority of South Africa (ICASA) revealed that Internet Solutions (IS) was allegedly operating illegal wireless links in the 24GHz band.
These signals were traced to four sites in Gauteng and showed that IS was using the 24GHz band illegally as well as using equipment which was not type approved by ICASA.
The investigation revealed that this equipment had been in use since July 2007 while IS’s equipment supplier, Communications Solutions (COMSOL), only applied for type-approval in March 2008. This application was subsequently declined by ICASA and COMSOL was informed about the decision.
ICASA obtained six search warrants to enter the IS and COMSOL premises as well as sites where the equipment was installed.
The COMSOL premises were searched and ICASA seized non-type approved equipment and documents pertaining to the supply and installation of equipment to IS. COMSOL said that the equipment was kept for export purposes, but no documentation could be produced to that effect to convince the inspectors that it was indeed the case.
A report on the ICASA investigation alleges that while the COMSOL offices were being inspected it appears that the company instructed its technicians to decommission the equipment at the various sites in Gauteng.
By the time the inspectors reached sites at the SABC in Auckland Park and the Sanlam Centre in the Johannesburg city centre the equipment was apparently removed and the cables were hanging loosely on the dishes. It was further alleged that the links were restored later that afternoon.
COMSOL equipment was however seized at sites in Linksfield and Dawnview.
The IS premises were searched next, but the only non-type approved equipment detected was a 70GHz device that was still in operation. IS however maintains that it was not switched on.
IS CEO abusive?
According to another document on the ICASA investigation IS CEO, Angus MacRobert, was alleged to have become abusive when asked to make a police statement regarding the case against his company.
MacRobert apparently became aggressive when he was contacted to visit a police station and make a statement regarding the case against Internet Solutions. According to the document he added that he would not be able to make it as he was leaving the country.
IS CEO admits contravening the law
Documentation suggests that during a meeting between IS and the regulator, MacRobert conceded that the company had indeed contravened the telecoms laws in the past and 'at present', and had apologised to ICASA for his company's actions.
At this meeting an ICASA general manager apparently said that he would charge IS for operating non-type approved equipment, but added that this action may be avoided trough a settlement between the ICASA and IS legal departments.
COMSOL responds
COMSOL managing director, Iain Stevenson, said that he can confirm that ICASA confiscated equipment from the company’s premises but that this would be returned soon.
Stevenson said that they received a letter from ICASA yesterday where the authority admitted that the search warrant was improperly issued and that all equipment would be returned by ICASA “as they did not have the right to confiscate it in the first place”.
Stevenson said that as far as COMSOL was concerned they had acted within the law and will continue to do so in future.
When asked about distributing equipment to Internet Solutions and whether this equipment was type approved by ICASA, Stevenson said that he could not comment on their clients or the issue of equipment type approval at this stage.
Internet Solutions did not provide any feedback when asked about illegally operating in the 24 GHz band or on its CEO being abusive when asked to make an official statement to the police.
