[2 February 2015] Telkom and BCG – parent company to BCX – have notified ICASA that they have withdrawn this application on the basis of legal advice received. It is highly likely that this relates to arguments raised in the public hearings into the application brought by Vodacom and Neotel for transfer of control over the Neotel service and spectrum licences to Vodacom.
Interesting times as we wait to see how ICASA and Vodacom and Neotel will proceed.
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[17 December 2014] Updated with copies of documents filed with ICASA:
Letter from Business Connexion re Acquisition by Telkom 29 August 2014Implementation Agreement
Annexure B Annexure C Annexure D Annexure E Annexure F Annexure G Addendum Annexure A to Addendum Second Addendum
Annexure A to Second Addendum Annexure B to Second Addendum
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[1 December 2014] ICASA have invited comments from the public on an application filed with it for transfer of control of the service and spectrum licences held within the Business Connexion Group Limited (“BCG”) to Telk0m SA SOC Ltd (“Telkom”). The application was filed with ICASA on 29 August 2014.
Application for Approval Acquisition of BCX by Telkom
Deadline for comment: 31 December 2014…(sigh)
The application is very similar to that lodged in respect of the proposed Neotel / Vodacom transaction. The principal features of the application, from a regulatory perspective, are that:
- Telkom will only acquire the entire share capital of BCG
- BCG is a holding company of the following subsidiaries:
- Business Connexion (Pty) Ltd (BCX) and
- Business Connexion Content Distribution Solutions (Pty) Ltd
both of which are Individual Electronic Communications Service (IECS) and Individual Electronic Communications Network Service (IECNS) licenses. BCX also holds Radio Frequency Spectrum Licences in C-Band and Ku-band
- BCG will remain the holding company
- The subsidiaries will remain licence holders of the licences as issued by ICASA
Written representations may be submitted to ICASA via Ms Lerato Morobane (Secretariat: Market Consolidations Committee)
e-mail: marketconsolidations@icasa.org.za
Submissions must be copied to BCG c/o Ms Michele Branco
e-mail: Michele.Branco@bcx.co.za