i-ECNS license

[jbad]

Can anybody please assist and explain to me as a 3rd party if I can build a communication network under my clients i-ECNS license - please refer me to the act referreing to the rights and title of an i-ECNS license holder

 

[ads]

In simply terms, no. You can build one for them, and even maintain it for them, but they must own the "network" and be the operator.

In the EC Act, the rights associated with an ECNS licence are tied to the concept of "network". It's certainly possible for someone to lease some facilities from someone else when putting a network together (e.g. space for equipment in someone else's building), but, as soon as it looks and feels like a network (to the lawyers, anyway), you have to be the licensee. Spectrum licences are even more specific, and are very tightly linked to the licence holder, the use they put it to, and the physical location it's used. Borrowing someone's spectrum is a no-no (take note Screamer).

 

[howzit]

In simply terms, no. You can build one for them, and even maintain it for them, but they must own the "network" and be the operator.

In the EC Act, the rights associated with an ECNS licence are tied to the concept of "network". It's certainly possible for someone to lease some facilities from someone else when putting a network together (e.g. space for equipment in someone else's building), but, as soon as it looks and feels like a network (to the lawyers, anyway), you have to be the licensee. Spectrum licences are even more specific, and are very tightly linked to the licence holder, the use they put it to, and the physical location it's used. Borrowing someone's spectrum is a no-no (take note Screamer).

@ ADS
Fortunately we don't need your pop advice as what we are doing is completely legal as confirmed by our legal team and ICASA.

You are obviously a Neotel representative so why not stand up and say so. Or is that a rhetorical question??

By the way Neotel sells the use of its transmission spectrum to other operators so your comments are nonsense.

 

[jbad]

Resellers

Can you kindly advise me who are the best VOIP providers in the market

 

[howzit]

Can you kindly advise me who are the best VOIP providers in the market

I could suggest a company that isn't the chaeapest but provides the best quality.
.....but then again I'm biased

 

[captainwifi]

@ ADS
Fortunately we don't need your pop advice as what we are doing is completely legal as confirmed by our legal team and ICASA.

You're both factually wrong your legal team doesn't decide what is legal the courts do. Will this case ever go to civil court, depends on Icasa, only Icasa can take such a case to court if they get enough bribes. They probably won't because Screamer is now to well entrenched and shutting them down would be disruptive.

Thus if you are a subscriber to Screamer, I would say stay with them there shouldn't be a problem Neotel doesn't decide what he law says and neither does Screamer. The case will never go to court and thus the legality or not will remain of academic interest. Just like the legality or not of people cutting roads without an ECNS license will forever be of academic interest.

 

[captainwifi]

In simply terms, no. You can build one for them, and even maintain it for them, but they must own the "network" and be the operator.

Really did John Welch phone you to tell of any impending criminal prosecutions ?

In the EC Act, the rights associated with an ECNS licence are tied to the concept of "network".

The ECA is legislation not law, the courts decide what the law says but since the NPA won't get involved in any of this we will never know what the law says.

It's certainly possible for someone to lease some facilities from someone else when putting a network together (e.g. space for equipment in someone else's building), but, as soon as it looks and feels like a network (to the lawyers, anyway), you have to be the licensee.

SAys which court ruling?

Spectrum licences are even more specific, and are very tightly linked to the licence holder, the use they put it to, and the physical location it's used.

Now spectrum is a different story because there are precedents making it an offence to use spectrum licensed to others. But as far as I know not a conviction for using spectrum licensed to nobody.

Borrowing someone's spectrum is a no-no (take note Screamer).

Again which court ruling? Neotel you are not the law, don't make the same mistake as the ANC who thinks that if they legislate it becomes the law. Nobody but the courts decides what is the law.

 

[ToxicBunny]

wifybabycakes...

Legislation is law... the courts can set precedents that will determine how to interpret the law.... therefore the ECA is law as well as legislation, unless the ECA contradicts a higher piece of legislation, like oh say the Constitution....