MTN South Africa says it has filed court papers to oppose Telkom's legal attempt to prevent the Independent Communications Authority of South Africa (ICASA) from processing applications for high-demand spectrum. MTN said that although the current Invitation to Apply (ITA) for spectrum is not perfect, it believes ICASA has tried to strike a delicate balance for all players.
MTN said a repeat of 2021 is not possible, when the entire process was delayed for another year, after fourteen years of no additional spectrum. A successful auction has the capacity to release funds to the national fiscus and have an immediate impact on consumers, MTN added.
On 06 January, Telkom declared that it had filed an application asking the Gauteng High Court to review and set aside the ITAs for spectrum published by ICASA on 10 December 2021. Telkom opposes ICASA's decision to include sub-1 GHz spectrum in the auction as that frequency is currently subject to a separate legal challenge. The application includes an urgent interdict to prevent ICASA from processing any applications until the review is heard.
MTN is concerned that the interdict will further delay the spectrum auction at a time when the need for expanded access to high-speed broadband has never been greater. MTN says throughout last year, it consistently worked with the regulator to avoid more delays.
ICASA has said that Telkom's "selfish interests are highly regrettable" and that it is consulting its legal staff over the telecom operator’s court action. The Department of Communications and Digital Technologies said minister Khumbudzo Ntshavheni will contact Telkom regarding an out-of-court settlement.
