Spectrum pooling is a strategy in which multiple radio spectrum users can co-exist within a single allocation of radio spectrum space.
It accuses ICASA of pooling high-demand spectrum between MTN, Liquid and Cell C “in secret in a manner contrary to the Electronic Communications Act and unlawfully in other respects”. ICASA did not respond to ITWeb’s specific questions, but says: “Please note the authority is currently defending the matter and has filed the answering affidavit, as per the court rules.”
Ultimately, she adds, Telkom wants to compete as freely and fairly as possible in order to provide customers with high-quality mobile services and choice. “Telkom has maintained, for several years now, including during the preparations for the 2022 spectrum auction, that the larger operators having indirect access to the HDS that is licensed to the smaller operators is something that needs to be properly investigated by ICASA. The reason being that HDS is a finite resource that is an essential part of the deployment of mobile networks for the provision of mobile services on a competitive basis.
“However, what was not contemplated in this process was the ability of the larger operators to access additional HDS not assigned to them through the spectrum arrangements concluded with the smaller operators. “The South African regulatory framework permits parties to apply for such arrangements, and MTN and its partners applied to ICASA in terms of the ECA and received approval. Pursuant to these approvals, MTN designed and deployed its network,” says Marina Madale, MTN South Africa acting chief sustainability and corporate affairs officer.