Legality of Body Coporate Giving Exclusivity to Vodacom?

[willsotaku]

And this makes me so happy for moving out of Vredekloof Square. They whole BC board are a pair of idiots that know nothing about Fibre. Octotel approached them to install Fibre did a DSP for them even that the chairman requested but they already signed with Apexoen who did the install for Vodacom warned them it wont be open and it would run over a wireless link as they have not even started trenching for the main fibre link.

You might as well go with the Wireless Hotspot in that complex as its pretty much the same but no FUP issues as you will have on VC. Garth is a real POS as multiple poeple complained about VC to him but if your not a owner they don't give a care...

 

[pinball wizard]

: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.

Yeah we get that there's no pole in this example that's not the point, according to the act you cannot prevent access to what the minister envisions as universal access to telecommunications.

I have edited my post above with the relevant section of the act, and I will post the section of the ECN/S legislation that clarifies it further.

 

[pinball wizard]

Here's something to chew on:

In the absence of these guidelines or regulations – notwithstanding it being almost nine years since the ECA came into force – it has been left to the courts to try and untangle the tension which exists between the rights of electronic communications network service (ECNS) licensees to deploy networks on or under public or private land and the rights of municipalities – in respect of their assets and control over their jurisdiction – and private landowners. The Constitutional Court heard argument on the resolution of this tension on 12 May 2015, with a judgment expected in 4-6 months time. In the interim the rulings of the High Court and the Supreme Court of Appeal to the effect that:

an ECNS licensee does not require the consent of a municipality or other landowner when exercising its rights under sections 22 and 24 of the ECA to enter onto land and deploy electronic communications facilities

(My bolding)
https://www.ellipsis.co.za/rapid-deployment-of-electronic-communications-facilities/

 

[pinball wizard]

Here's the entire rapid deployment policy:
https://www.ellipsis.co.za/wp-content/uploads/2016/10/9.3-Rapid-Deployment-Policy.pdf

 

[savage]

@pinball wizard - whilst your bolded is true... Making an enemy out of local council / municipality is the absolute last thing you want do to if you intent to stay in business...

There's also more than just the ECA to consider

 

[Kosmik]

Interesting...very interesting. Thanks pinball wizard, I honestly thought the legislation did not enforce it.

 

[pinball wizard]

@pinball wizard - whilst your bolded is true... Making an enemy out of local council / municipality is the absolute last thing you want do to if you intent to stay in business...

There's also more than just the ECA to consider

Oh for sure. My role at sadv is specifically to keep estates happy. The last thing we want is to build the network with angry end users.

 

[Johand]

The trustees of my body corporate in Cape Town just signed with Vumatel... before that I got so anxious I have begun to research the situation because some of our owners in the complex have the habit of blocking cellphone towers in our area (on our property and the vicinity) and the managing agent has been badmouthing Vumatel. But it seem to work out for us because our trustees are on the ball (and are anxious for proper internet as well ).

I think this must be tested in court and hopefully soon. I think the law is clear but some trustees and managing agents just need the *&^* slapped out of them for the message to sink in. I think this should go similar to Dark Fibre Africa against the municipality of Msunduzi (http://www.saflii.org/za/cases/ZASCA/2014/165media.pdf)

I think in OP's case it would interesting to know the actual wording of the agreement. I can understand if there is exclusivity on the actual fibre but I don't think there can be exclusivity on the building or complex...

 

[access]

they cannot give exclusivity, cyberfart tried it here... i did not let it happen. its illegal actually. same with century city and century connect that do this, they need to be reported to the competition commission.

the providers give benefits to the person/s who provide them access and get other people in the building to sign up with them. i had a few give me the speech, told them to get lost.

its all about the kickbacks.