The Independent Communications Authority of South Africa (Icasa) has confirmed that it has been served with an urgent application filed by Telkom in the High Court, in Pretoria.
In the application, filed on January 4, Telkom seeks to interdict Icasa from auctioning the International Mobile Telecommunications (IMT) spectrum on March 8.
“Telkom’s urgent application is supported by a 123-page affidavit, with a total of almost 700 pages of annexures, undoubtedly drafted over several days shortly after the publication of the Invitation To Apply (ITA) for the IMT licensing process on December 10,” Icasa said in a statement released late on January 5.
Icasa’s statement, critical of the move made by Telkom, reiterates the importance – and public and economic interest – of urgently licensing the long-delayed high demand spectrum.
Icasa noted that Telkom, on December 31, addressed a letter to the authority, requesting a response by January 4, failing which it would approach the court on an urgent basis for relief.
A letter from Vodacom, on a confidential basis, was also received on January 1.
Both letters raised varying concerns regarding the ITA process and requested the authority to consider them.
Icasa said that it had responded to both on January 3, indicating its intention to respond comprehensively by January 7, and undertook to consider the various concerns raised.
“In the light of the voluminous court papers served on the authority late on January 4 by Telkom, Icasa is no longer able to respond to the respective parties’ correspondence by January 7,” the authority said in the statement.
“It is almost both necessary and reasonable for the authority to study the court papers, consult with its lawyers and take an informed and carefully considered decision before responding to Telkom and Vodacom’s correspondence.”
Icasa will, given the prevailing circumstances, respond to the correspondence in due course.
“In the meantime, the ITA process published on December 10 with its timetable remain intact.”
Icasa said its lawyers will deal with the litigation instituted by Telkom and advise on the way forward.