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Update on VANS licence conversion – 17 November 2008

The amazing flip-flop continues.

ICASA has indicated that it has resolved to convert all VANS to ECNS and ECS licences, including the contentious sub-category of VANS issued after 19 July 2006. The Authority has published a proposed framework for converting VANS to ECNS licences which requires all those wishing to participate in the licence conversion process to submit information by 12h00 on Friday 5 December 2008.

ellipsis guide to VANS licence conversion (updated 20081117)

Download ICASA General Notice on Licence Conversion in terms of Section 93 of the ECA 20081114.

ICASA have called for comment on this proposed framework – this is also due by 12h00 on 5 December 2008 (although it makes little sense to require licencees to submit information where the framework dictating the information required has not been finalised).

Round Number 2 to Altech as Court throws out Minister’s appeal

It doesn’t get more dynamic than this in the usually staid world of law and regulation! Acting Judge Norman Davis of the Transvaal Provincial Division has taken a brave stand in refusing to allow the Minister of Communications to appeal against his judgement against her in the Altech matter, thereby putting a number of VANS licencees back on track to be converted into individual electronic communication network service (IECNS) licences.

Download a copy of the Judgement

The Minister’s application for leave to appeal was heard on Thursday 30 October 2008 and the significance of the outcome is that the Judge does not believe that there is a reasonable prospect of any other court coming to a different decision. Put differently: he believes that the matter is straightforward and relatively simple to dispose of.

Nevertheless it is a brave decision given that Judge Davis is appearing in an acting capacity (i.e. he is a senior advocate who has been requested to fill a gap on the Bench on a temporary basis) and that the Minister had attempted to muddy the waters by arguing that the court has impinged on her policy prerogative. The refusal is a resounding rejection of the vague references made to the so-called policy of managed liberalisation, which, if things stay as they are, is now, thankfully, an historical policy failure rather than a continuing one.

I cannot, however, be struck with a sense of deja vu and would advise keeping the champagne on ice until the Minister has confirmed that she will not seek to petition the Supreme Court of Appeal for leave to appeal. Only then will the fat lady have sung the correct tune and ICASA can get on with the business of conveting licences in accordance with the law.

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.

ICASA: We will not appeal the Altech decision

The Authority takes a big step in the right direction, accepting the decision of the High Court in the AKtech matter without reservation.

ICASA Media Release

ICASA has also indicated that it will now push the licence conversion process to completion – see
GG of 5 September 2008 on Licence Conversion

Note on the implications of the Altech Judgement

Although the ink on the judgement is barely dry we are all so excited that we have drafted a memorandum which looks at some of the implications of the judgement :)

Please have a look ellipsis note on the Altech judgement (updated 20080903)

Please feel free to mail any queries, quibbles or quandaries to dominic@ellipsis.co.za

VANS may self-provide! Judgement available

Fantastic day for telecoms in SA :) .

Download the Altech / ICASA VANS Judgement (1.8 MB pdf)

We hate to say told you so.
13 February 2005
27 November 2007
But TOLD YOU SO!!!!

simple guide to the conversion of VANS licenses

There is a massive amount of confusion about the conversion of VANS licenses under the Electronic Communications Act 36 of 2005. Hopefully this guide will help you to be clear on your position…

Download the ellipsis guide to vans licence conversion august 2008


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