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Self-provision: it’s over and the small guys won

The Minister of Communications has decided to drop her appeal against the Altech decision & the question as to whether VANS can self-provide is answered: Yes They Can.

The irony is of course that they will have about a month to enjoy this victory as VANS licencees as, barring any major mishaps, licence conversion will be completed before 19 January 2009. So, in a sense, the story is for many one of lost opportunity – stories abound of ISPs who went to great expense procuring equipment and expertise before 1 February 2005 only to have their plans thrown into disarray by the infamous Ministerial press release. Three and a half years later the press release has been exposed for what it was – a smokescreen which by and large served its intended purpose.

It should also be noted that there are some VANS who went ahead and carved out a market niche based on the self-provision of wireless networks operating in the licence exempt frequency bands. Almost universally criticised and demonised by ICASA and competitors (many of them envious), the last laugh is theirs.

Anyway, yesterday’s uncertainty gives way to some fundamental certainties about the conversion of VANS licences. Simply put: they are entitled to electronic communications network service licensing, whether individual or class, as well as electronic communications licences, at no cost.

Nobody should be under any illusions that this result, right as it may feel, was ever intended. Rather “big bang liberalisation” comes down to a monumental exercise of incompetence wholly appropriate to the last few years of DoC management.


Full statement from the Minister

For me two particular issues stand out and define the political mismanagement which has held back a country: the breathtaking inability to implement the 50% discount to schools (the e-rate) and the great self-provision debacle.

VANS licence conversion update – 3 November 2008

There is a rumour doing the rounds that VANS licences may, one day, be converted into new licences deemed to have been issued under the Electronic Communications Act of 2006. Get an understandable update on the state of play as at 3 November 2008 after the High Court refused the Minister of Communications’ appeal against the Altech decision.

ellipsis update on VANS licence conversion 20081103

Application for leave to appeal vs Altech judgement to be heard on 30 October

Acting Judge Davis will hear the Minister of Communications’ application for leave to appeal against his judgement in the Altech Autopage matter, which sparked a brief period of euphoria amongst the intelligent and rational, at 09h30 on Thursday 30 October 2008.

Although this writer feels that it is unlikely that the Judge will refuse the application (which refusal would no doubt result in the petitioning of the Supreme Court of Appeal), Altech have a strong legal strategy and will be carrying the hopes of many.

Minister sues Regulator to prevent competition

Things go from the ridiculous to the utterly insane as the Minister of Communications launches an urgent application against ICASA and Altech Autopage to prevent ICASA from issuing IECNS and IECS licences to Altech.

The gloves are most definitely off.

Download
Minister’s Application – Notice of Motion 20081018
Minister’s Application – Founding Affidavit

Yes it will!

The fast path to infrastructure liberalisation appears to have hit a speed-bump [and it appears that the Minister (or is that the DG????) are wedded to a more ... errr ... horizontal approach].

View an abbreviated version of the Minister’s Notice of Appeal 20080919 [i have stripped out the 10 or so pages of citations and addresses]

Back to the drawing board – will post something short and meaningful shortly.

Will the DoC appeal?

The Department of Communications will be meeting today (Monday 15 September 2008) in order to make a decision on its response to the High Court decision in the Altech matter. An announcement is expected in the next few days.

The deadline for the lodging of an appeal is Friday 19 September 2008. Here’s hoping sanity prevails.


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