Telkom fights back in CompCom case

Telkom is however fighting back, saying that it is not guilty of abusing its monopoly and that it will definitely oppose the referral by the CC to the Tribunal. Anton Klopper, Telkom’s Group Executive for Legal Services, said that ICASA approved most of these prices in one form or another, and that all of the services were offered in terms of the regulatory framework at the time.
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In all fairness they do have a point. If there's anyone to blame for the whole mess, it's the spineless regulator failing to do their job.
 
Well, I guess we can always hope that they waste a whole lot of management time and money in court, and still end up paying the R3.6 billion, and that their revenue takes a serious knock when they're forced to drop prices after mobile termination rates fall, and that they decide to write off several R billion after their mobile experiment fails like Telkom Media. Enough of these nails, and we may finally get the coffin closed... We can but hope.
 
When is somebody going to take ICASA to court for failing to deliver on it's mandate?
 
In this lawsuit everyone except the customer benefits. This is going to cost us all a fortune all blue service providers should b sent to the gulags
 
Or every provider that ends in kom they all fail miserably at doing anything right telkom eskom vodacom lol they all rip us off and they all have some affiliation to our trusting govourment
 
wizzard2040 said:
Or every provider that ends in kom they all fail miserably at doing anything right telkom eskom vodacom lol they all rip us off and they all have some affiliation to our trusting govourment
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You tel it like it is.
 
@Apogee. I think telkom had a legally protected monopoly then.

Regarding the case. This happens when you have poorly devined spheres of jurisdiction in that a company that wants to avoid fines can go regulator shopping. DOn't like the outcome of a battle with the CC? Apply that you fall under ICASA. Don't like an outcome from a legal battle with ICASA? Say that you fall under CC jurisdiction.

All in all I would say that even if the CC loses the battle this should be a wake up call for the CC and ICASA to mandate out who handles these disputes.
Unfortunately the right answer I think would be ICASA, but the best public answer would be the CC as they actually have the teeth and aren't afraid of the kill.
ICASA has been battered and shunned to be a little whipping boy for the whole industry that only comes out to bark imho when the Ruling party tells it to(think vodacom mess).
 
Not to defend Telkom's business practices in anyway, but if the complaints were made in 2005 - 2007, should the recommendation be that Telkom be fine based on the 2005 - 2007 revenue? And if the complaints relate to downstream telecoms services, should the recommended 10% fine be based on Telkom's revenue in the 'downstream telecoms' division, and not the total Telkom revenue? For example, Sasol was recently fined 8% of their Sasol Nitro division for anti-competitive practices in the fertiliser industry.

I also wonder if Telkom will just push up their prices to compensate for the fine. After Tiger Brands were fine following the bread cartel, they just increased the price of bread to make up for it. It should be a good practical test of whether Telkom still effectively has a monopoly on this type of service.
 
the main point telkom is making is that ICASA approved of all their prices......
WELL

JUST BECAUSE ICASA APPROVED IT DOESN'T MEAN ITS RIGHT!!!!!!

for heaven's sake ICASA is the most abusive of them all, can someone please poke into the definitely bribery / occlusion / government cover up for telkom's prices.
 
armitage said:
@Apogee. I think telkom had a legally protected monopoly then.

Regarding the case. This happens when you have poorly devined spheres of jurisdiction in that a company that wants to avoid fines can go regulator shopping. DOn't like the outcome of a battle with the CC? Apply that you fall under ICASA. Don't like an outcome from a legal battle with ICASA? Say that you fall under CC jurisdiction.

All in all I would say that even if the CC loses the battle this should be a wake up call for the CC and ICASA to mandate out who handles these disputes.
Unfortunately the right answer I think would be ICASA, but the best public answer would be the CC as they actually have the teeth and aren't afraid of the kill.
ICASA has been battered and shunned to be a little whipping boy for the whole industry that only comes out to bark imho when the Ruling party tells it to(think vodacom mess).
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There's a "memorandum of understanding" ("MMO") between ICASA and the CompCom which speaks to the CompCom having primary jurisdication over competition matters in the telecoms industry.
 
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