Telkom has agreed to drop its urgent application to prevent the spectrum auction after reaching a consensus with the other parties involved in the contested process.
The mobile operator negotiated an agreement with the parties, including the regulator, the Independent Communications Authority of South Africa (ICASA), after agreeing to remove the matter from the court roll and expedite a hearing on the merits of Telkom’s case.
The above is Part B of Telkom’s application against ICASA’s Invitation to Apply (ITA), published on December 10, 2021.
Telkom’s appeal focuses on the legality of ICASA’s spectrum licensing design and reasoning, among other factors. In addition, Telkom, which the government partly owns, argues that the auction procedure by ICASA will perpetuate an unequal playing field in the telecoms sector.
“Per the parties’ agreement, while we await the court’s decision on the proposed timelines for the hearing of the review, Telkom will remove the hearing of Part A of its application from the urgent roll,” Telkom’s head of regulatory and government relations, Dr Siyabonga Mahlangu, said.
However, the company stated that it reserves the right to reinstate the matter at any point should it deem it to be necessary.
Part A of Telkom’s two-part application was set to be heard on Tuesday, January 25 2022.
Telkom recommended a withdrawal of its urgent interdict against SA’s spectrum auction earlier this week. The telecommunications provider wrote to all parties involved in the case, notifying them that it would consider abandoning its injunction motion if respondents agreed to an expedited review of Part B.
According to Telkom, the review is anticipated to be heard on 1-4 March 2022, should the court accommodate the motion.
“Telkom is delighted with the parties’ cooperation on this revised schedule and expects the regulator to move forward, mindful that the outcome of the Part B hearing of Telkom’s application will have a major influence on the auction process,” Mahlangu said.
The spectrum auction is scheduled for March 8.