According to the court papers, Icasa allowed MTN to pool spectrum belonging to Cell C and Liquid Intelligent Technologies with its own.<\/p>\n\n\n\n
Vodacom said Icasa erred by approving the application without public consultations.<\/p>\n\n\n\n
It also argued that the pooling agreements constitute notifiable mergers that should have been lodged with the Competition Commission.<\/p>\n\n\n\n
During the hearings this week about Cell C’s application to transfer control of its licences, Vodacom also argued that Cell C’s spectrum was effectively under MTN’s control.<\/p>\n\n\n\n
Asked to respond to the allegation, Cell C CEO Jorge Mendes said they rejected the claims on the strongest terms.<\/p>\n\n\n\n
Contacted for comment, Telkom explained that it did not object to Cell C’s application.<\/p>\n\n\n\n
“A short submission was made by Telkom requesting that Icasa, in its deliberations, closely consider the issue of control of Cell C’s spectrum licences,” a spokesperson for the company said.<\/p>\n\n\n\n
“Telkom did not raise any other material issues in its submission.”<\/p>\n\n\n\n
Vodacom told MyBroadband that it believes Cell C’s spectrum is not used lawfully in terms of the relevant licenses or in accordance with Electronic Communications Act.<\/p>\n\n\n\n
It contended that control of Cell C’s spectrum licences should not be transferred unless and until this is remedied.<\/p>\n\n\n\n
“Icasa is empowered to take action against non-compliance and should not permit Cell C to transfer rights in the spectrum licence while the spectrum is not being used lawfully,” Vodacom said.<\/p>\n\n\n\n
“In this instance, Vodacom asserts that Icasa must either prohibit the transaction, alternatively afford Cell C an opportunity to remedy the situation, after which further public hearings must be held to reconsider the transaction.”<\/p>\n\n\n\n
In response to Vodacom and Telkom’s submissions, MTN said its pooling agreements with Cell C are irrelevant to the licence transfer of control application before Icasa.<\/p>\n\n\n\n
MTN submitted that Icasa should only consider whether the transfer of control would hinder competition within the industry.<\/p>\n\n\n\n
However, it also noted that such adverse impacts do not necessarily mean Icasa should refuse the transfer; it may just need to impose conditions on it.<\/p>\n\n\n\n One of Cell C’s oldest shareholders, CellSAf, has also opposed the transfer application.<\/p>\n\n\n\n![\"\"](\"https:\/\/mybroadband.co.za\/news\/wp-content\/uploads\/2024\/09\/jorge-mendes-at-Icasa-hearing.jpg\")