Storm brewing over Knysna WiFi

MaD

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Source - ITWeb
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[Cape Town | ITWeb, 25 August 2005] - Telkom and wireless Internet service provider (WISP) UniNet are squaring off over UniNet's implementation of a WiFi solution within the Knysna municipal area.

UniNet is installing the first of 40 base stations for the Knysna municipality, which will see the Western Cape town become the first wirelessly connected urban area in the country.



Yesterday, UniNet said it had learnt that Telkom had met with city council representatives from Knysna and Nelson Mandela Metropole (Port Elizabeth) over the WISP's WiFi solution, which includes last mile access.

David Jarvis, UniNet CEO, says Telkom approached the two municipalities and alleged that UniNet was providing an illegal service.

“We have learnt with dismay that Telkom has resorted to underhanded tactics in an attempt to undermine UniNet's broadband roll-out in the Southern and Eastern Cape.”

Knysna CFO Grant Easton confirms he and Knysna executive mayor Joy Cole met with Telkom representatives last Friday.

Telkom: UniNet in the wrong

In a written response to ITWeb, Telkom strongly denies UniNet's allegations that it has resorted to “underhanded tactics” to undermine the broadband roll-out in the Southern and Eastern Cape.

“Telkom has, in fact, addressed this issue in a manner that is wholly transparent and open. Going forward, the company will continue interacting with the relevant role players in a similar manner,” it says.

However, Telkom says UniNet is a value-added network supplier (VANS) and that its initiatives are in contravention of the Telecommunications Act, particularly Section 41 (2) (a) that states: “A private telecommunication network shall not be provided by means of telecommunication facilities other than facilities made available by Telkom or any other person providing a public switched telecommunication network service.”

The response goes on to say: “In addressing the issue, Telkom has adopted a multi-pronged approach, engaging in discussions with both district councils and municipalities. During these meetings the stipulations of the Act were explained to the office bearers who were responsive to Telkom's point of view.“

Telkom says it has also engaged the regulator (ICASA – the Independent Communications Authority of SA), which is looking into the matter. “We are currently awaiting ICASA's response.”

UniNet's Jarvis says: “We insist that Telkom's repeated allegations about our legality as outlined in their response to our complaint are underhanded and unsubstantiated. Telkom, like UniNet, is a VANS licence-holder.”

He says that while Telkom appears happy to point fingers at others, the Competition Commission has found that “Telkom has abused its dominant position by engaging in a pattern of anti-competitive practices” in the VANS industry.

Jarvis says UniNet is also guided by the Telecommunications Act and notes that the section referred to by Telkom relates to PTNs and not VANS and is accordingly not relevant to UniNet.

“Insofar as the quoted section refers to municipalities as potential PTN licensees, it is a misleading reference which is at odds with ICASA's views on the matter,” he says.

Town obligations

Knysna's Easton says local governments are obligated, in terms of the Constitution, to ensure social delivery and development.

“We began working on this project more than two years ago. When we issued the tender earlier this year, Telkom did not respond to it.”

In terms of the deal between Knysna and UniNet, UniNet takes full legal responsibility for the WiFi network being installed, he says.
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Telkom taking the moral high ground as per usual.. they can get stiched, Uninet is doing a good thing - the rest of the country should follow!
 

BTTB

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Knysna Town Council have Vision.

Knysna's Easton says local governments are obligated, in terms of the Constitution, to ensure social delivery and development.

As a Ratepayer in the Greater Knysna area, I can say that between their Manager, Mr Dave Daniels and Mr Grant Easton mentioned in the article and others, they certainly run a tight ship. And the best thing of all, they listen to their Ratepayers/Customers and act quickly and decisively. And you know why? Because they care and to top it all they are also residents of the area working to a better good for all.
Thumbs up to Knysna Muncipality. :)
Other Municipalities need to take notes from these guys.

As far as Telkom is concerned, they don't know the first thing about, "social delivery and development".
 
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MaD

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dominic - what is your opinion on this matter?? No doubt David won't take **** from Telkom and rightly so. Even though they think they are the law - they are not.. so sad to break it to them.
 

MaD

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The telecommunications act was designed for Telkom and the convergence bill will fix what has been broken. Telkom's monopoly is over so they can **** off already.
 

Siembambaa

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Perhaps uninet feel that the Convergence bill is going to legalise what they are doing now (which "seems" to be illegal) so they are just taking the chance in anticipation of the CB being passed soon?
 

Sneeky

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GO KNYSNA!!!
I knew there was more to that town than Kringe in die Bos, oysters and good *cough* herbal remedies. :D
 

dominic

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MaD said:
dominic - what is your opinion on this matter?? No doubt David won't take **** from Telkom and rightly so. Even though they think they are the law - they are not.. so sad to break it to them.
cannot comment on this one :)
 

dominic

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AdLo said:
dominic, are you still confident this is 100% legal.
i cannot really comment on this for fairly obvious reasons but the excerpt you have quoted makes absolutely no sense

what has a provision with regard to where PTNs get their infrastructure got to do with a VANS licensee????
 

matt156

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I thin UniNet are saying that BECAUSE they are a VANS and NOT a PTN they can provide wireless legally. This is a huge ongoing debate, but ICASA have confirmed IN WRITING to us that wireless provision is illegal. This will be a landmark case - I'm glad it's finally come to a head.

P.S. It has nothing to do with the Knysna municipality being progressive - there are SCORES of businesses, ISPs, etc, who would love to invest or utilise wireless, but respect the law (no matter how ridiculous it is re Telkom).
 

Emjay

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“We have learnt with dismay that Telkom has resorted to underhanded tactics in an attempt to undermine UniNet's broadband roll-out in the Southern and Eastern Cape.”

Welcome to our world...
 

Roman4604

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I believe (if anyone knows better please correct) there is a clause in the current Act that goes something like ... if Telkom/PSTN licencees are not willing/capable to provide the service then alternate providers/solutions can be persued/used.

If this is correct and Telkom did not respond to the tender, then maybe they have a legal leg to stand on?
 

BTTB

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Self Provision.

I think the underlying principle here is that any Government Body can self provide.
And unless I am wrong, The Knysna Municipality is part of Government or a Delegated Authority thereof.
Much like Eskom perhaps?
 

matt156

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Yes, but UniNet have stated categorically that they are not going to use the municipality's PTN license in any way. It was part of the original ITWeb article when the legality issues were first raised, about a month ago.
 

BTTB

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matt156 said:
Yes, but UniNet have stated categorically that they are not going to use the municipality's PTN license in any way. It was part of the original ITWeb article when the legality issues were first raised, about a month ago.
OK. :)
 

matt156

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What IS interesting is that IS also tendered for the deal. I wonder if they were also going to use wireless. Now *that* would have been a fun battle :)
 
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TheRoDent

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/me waits with baited breath for an ICASA ruling on this one.

It's going to make or break it.
 

matt156

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TheRoDent said:
/me waits with baited breath for an ICASA ruling on this one.

That's not a good idea- unless you can hold your breath for a loooonngg time.

Legally speaking, UniNet are in the wrong. I'm sure if there was a legal leg to stand on, big guys like IS, DataPro, Mweb, etc, would have built a wireless infrastructure years ago. Unless there are politics involved, UniNet should be shutdown. That's my guess
 
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