Johannesburg – The Independent Communications Authority of South Africa (ICASA) announces the withdrawal of the Invitation To Apply (ITA) for a radio frequency spectrum licence to provide mobile broadband wireless access services for urban and rural areas using the complimentary bands, 700 MHz, 800 MHz and 2.6 GHz published in General Notice number 438 of 2016 under Government Gazette number 40145. The Notice of the withdrawal of the ITA including all related notices published subsequent thereto was published in General Notice number 624 of 2018 under Government Gazette number 41965.
The ITA, published on 15 July 2016, was the subject of litigation instituted in August 2016 by the Minister of Telecommunications and Postal Services against ICASA. On 30 September 2016, the High Court, Gauteng Division granted an order interdicting and preventing ICASA (Part A), from implementing the licensing steps and processes referred to or contemplated in the ITA pending the determination of Part B.
The Minister of Telecommunications and Postal Services and the Council of ICASA have since agreed to settle the matter involving this ITA.
In terms of the settlement agreement, ICASA is required to withdraw the ITA, with the Minister required to withdraw the legal challenge. The Minister and ICASA have now fulfilled their obligations. This settlement of the dispute makes way for the licensing of IMT spectrum to support the uptake of mobile broadband services for the purpose of promoting competition, facilitating transformation of the sector and providing a regulatory environment that encourages investment in the Information and Communications Technology (ICT) sector.
“The withdrawal of this ITA is an important step towards achieving the National Development Plan objectives following the recent announcement of the economic stimulus and recovery plan by the President. ICASA is indeed working closely with all stakeholders and government to ensure completion of the process for the assignment and the award of IMT spectrum that is to enable investment in ICTs in South Africa,” says ICASA Councillor, Peter Zimri.
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