ICASA’s spectrum regulation blunder

ICASA’s spectrum regulation blunder

ICASA's deferral notice regarding the implementation of its new spectrum fees has been deemed illegal, and the regulator now faces the mountainous administrative task of rectifying its mistake - unless it can get the matter set aside.

BusinessTech

Seriously?

They asked for a delay and couldn't even get the date on the delay notice right?!?!!?

:wtf: how absolutely pathetic are they?

!casa's about as useful as a bicycle is to a fish.

So... just another day at the ICASA offices then?

Storm in a teacup?

rpm said:

 

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Lets see, Telkom should be bankrupt then? they hold so much spectrum that they would account for more than 1 billion rand?

Oh hold they are exempt right?

ICASA the failure of all eternity!! :twisted:

I've seen a signature on this forum: iCASA = incompetent Communication Authority of South Africa, or something to that effect. It is 100% correct

I honestly think this article misses the big issue and presumes the problem to be an administrative hitch that might create a collections burden:

No doubt Vodacom is set to pay less on the new regulations than the old regulations [or is hoping (as I'll discuss later) that by ultimately catching ICASA out the entire fee may be scrapped] whereas Telkom is, as reported, going to pay a whole lot more. Essentially certain player benefit from the change and certain players loose out - and knowing how the change affects you affects your strategy. The regulator has made public representations about the system, they furnished in the government gazette surely such representations may be relied on by players in the industry and the regulator is estopped from seeking to enforce the regulations coming into effect earlier.

A billion rand strategic issue is worth litigating about all the way to the top and some. Telkom is no doubt not going to want to pay fees on the new system for 2011 and if anything would want the old fee system to remain in play indefinitely. Vodacom similarly is going to want the new system or no system. Subsequently litigating the earliest implementation is in Vodacom's interests and litigating to keep the new regulations at bay are in Telkom's interests. The Application that ICASA has filed with the High Court is interesting but I doubt that the court will ultimately give it exactly what it wants and because ICASA has a certain constitutional existence (the broadcasting component is provided for in Chapter 9) and this is clearly in the administrative law sphere the movement of this case to the Constitutional Court in the long term is clear. Regardless of the final outcome a whole lot of unnecessary uncertainty is created and the development of the industry hurt.

If ICASA is subject to the contra fiscum rule and the courts view these tariffs in a similar vain to taxes then ICASA is in deep trouble in terms of trying to actually enforce the tariffs. More problems emerge if we consider that the tarriffs can only be charged on valid regulations to begin with and if competing players gang up against the regulator it could get messy.

IMHO ICASA should seek agreement from all interested parties to implement the tariff changes over the course of 1 April 2011 until 1 April 2013 on the basis of lowest tariff applicable with ICASA assuming the old tariff for 2011/2012 and the new tariff 2012/2013 with operators needing to apply for the other tariff scheme and provide their calculations. Vodacom and Telkom will no doubt milk the two years of lowest applicable tariff.