Legality of Body Coporate Giving Exclusivity to Vodacom?

audiogeek

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Jan 13, 2011
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Just got a mails via our rental agent from the body corporate stating:

All owners are hereby informed regarding the Vodacom Fibre in Vredekloof Sqaure:
  • At this stage the fibre will run from a micro-link till the main fibre link are connected.
  • Fibre infrastructure will in the next couple of days be extended to each individual unit via the intercom conduct.
  • Vodacom have exclusive rights on the lines for 12 months and the exclusivity ends 30 Nov 2018.
  • After the 12-month period, the lines will be open to any Service provider of your choice.
  • Packages up to 100mbps are available.

Is this legal? Can they do this?
 

xrapidx

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I'd imagine they can, the deal is probably to offset the cost of installation.
 

Kosmik

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Sure, they are a provider and want to re-coup their losses in installing the network. Seems fair to me.
 

DukeofHouse

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I'm assuming you're questioning the Vodacom bit?

Similar scenario in the place I stay. The fibre infrastructure is Vodacom's, not Telkom/other. Vodacom does not support Open Access on their infrastructure (yet) so you don't really have any choice of ISP other than Vodacom.

So your legal question should be more around when Vodacom will support open access on their network, or maybe some reasons why the body corp went with Vodacom as opposed to another provider.

I had my little hissy fit about this as well but bit the bullet anyway. Their prices aren't bad if you're not downloading the whole internet.
 

pinball wizard

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Ah, where's md4e when you need him.

Sorry for you op, your body Corp is acting illegally in terms of the telecommunications act.
 

pinball wizard

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I'd imagine they can, the deal is probably to offset the cost of installation.

Sure, they are a provider and want to re-coup their losses in installing the network. Seems fair to me.

Bollocks.

How do guys like us and Vumatel then install at zero cost and still make money being open access? Vodacom is stuck in the service provider mindset.
 

Saber_rider45

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I'm assuming you're questioning the Vodacom bit?

Similar scenario in the place I stay. The fibre infrastructure is Vodacom's, not Telkom/other. Vodacom does not support Open Access on their infrastructure (yet) so you don't really have any choice of ISP other than Vodacom.

So your legal question should be more around when Vodacom will support open access on their network, or maybe some reasons why the body corp went with Vodacom as opposed to another provider.

I had my little hissy fit about this as well but bit the bullet anyway. Their prices aren't bad if you're not downloading the whole internet.

What's the point if you cant download the internet.
 

LCBXX

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As long as there was a vote and minutes of the meeting where the BC decided on Vodacom, it cannot be challenged legally.
 

xrapidx

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Bollocks.

How do guys like us and Vumatel then install at zero cost and still make money being open access? Vodacom is stuck in the service provider mindset.

I'm not talking about Vodacom - I'm talking about the body corporate - isn't it their responsibility to maintain and manage the estate? (and who put the body corporate in charge.)
 

supersunbird

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As long as there was a vote and minutes of the meeting where the BC decided on Vodacom, it cannot be challenged legally.

This. If you have a beef, it's with the property owners, who in turn are the BC.
 

pinball wizard

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I'm not talking about Vodacom - I'm talking about the body corporate - isn't it their responsibility to maintain and manage the estate? (and who put the body corporate in charge.)

Fair enough. Remember that according to the act, whatever they signed with Vodacom is meaningless, as the estate cannot prevent another provider from coming in to lay infrastructure.
 

Kosmik

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Fair enough. Remember that according to the act, whatever they signed with Vodacom is meaningless, as the estate cannot prevent another provider from coming in to lay infrastructure.

Says who? If the landowners refuse to allow the trenching or infrastructure, you can't force them. It's not a municipal service like sewerage/water/lights thats mandatory.
 

pinball wizard

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Says who? If the landowners refuse to allow the trenching or infrastructure, you can't force them. It's not a municipal service like sewerage/water/lights thats mandatory.

Telecommunications act says so. I'll find the relevant section and pop it here later.

Entry upon and construction of lines across any lands

70. (1) A fixed line operator may, for the purposes of provision of its telecommunications services, enter upon any land, including any street, road, footpath or land reserved for public purposes, and any railway, and construct and maintain a telecommunications facility upon, under, over, along or across any land, street, road, footpath or waterway or any railway, and alter or remove the same, and may for that purpose attach wires, stays or any other
kind
of support to any building or other structure.

(2) In taking any action in terms of subsection (1), due regard must be had to the environmental policy of the Republic.

Underground pipes for telecommunication service purposes

71. (1) If any local authority and fixed line operator agree that in a particular area electricity supply and the telecommunication services of that operator shall be provided by means of underground cable, that local authority may on any premises within the said area, when installing such cable for an underground electricity supply line on the said premises, in accordance with the requirements of the operator provide a conduit-pipe or other facilities
for
the installation of an underground telecommunication service line from a point of connection on the street boundary to a building on those premises.

(2) The costs of the provision of the said conduit-pipe or other facilities shall be payable to the local authority in question and shall for the purpose of any law be deemed to be fees payable by the owner of the premises in question to the local authority in respect of the installation of the electricity supply line.
Pipes under streets

72. A fixed line operator may, after reasonable notice in writing to the local authority or person owning or having the care and maintenance of any street, road or footpath, construct and maintain in the manner specified in that notice any pipes, tunnels or tubes required for telecommunication facilities under any such street, road or footpath, and may alter or remove
the
same, and may for such purposes break or open up any street, road or footpath and alter the position thereunder of any pipe (not being a sewer drain or
main)
for the supply of water, gas or electricity: Provided that the local authority or person to whom any such pipe belongs or by whom it is used shall be
entitled
at all times while any work in connection with the alteration in the position of that pipe is in progress, to supervise that work, and the operator shall
pay
all reasonable expenses incurred by any such local authority or person in
connection with any alteration or removal under this section or any supervision
of work relating to such alteration.

http://saflii.org/za/legis/num_act/ta1996214/
 
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pinball wizard

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Says who? If the landowners refuse to allow the trenching or infrastructure, you can't force them. It's not a municipal service like sewerage/water/lights thats mandatory.

That's like telling telkom they can't come into your yard to climb up that old gum pole to fix your neighbor's line.
 

xrapidx

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That's like telling telkom they can't come into your yard to climb up that old gum pole to fix your neighbor's line.

:erm: There is no pole...its like Telling Telkom they can't come in and install a new pole and line where one doesn't exist.

And yes - I will do exactly that if Telkom wanted to put a new infrastructure in my yard where there is none.
 
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