Vodacom had ‘no choice’ but to go to court over spectrum pooling

Vodacom says ICASA should have followed a public consultation process before deciding on the spectrum-sharing applications of MTN, Cell C and Liquid Telecom. Picture: Timothy Bernard/Independent Newspapers

Vodacom says ICASA should have followed a public consultation process before deciding on the spectrum-sharing applications of MTN, Cell C and Liquid Telecom. Picture: Timothy Bernard/Independent Newspapers

Published May 24, 2024

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By Nicola Mawson

Vodacom has asked that the court hear the matter on August 24, this year. It alleges that the regulator, the Independent Communications Authority of South Africa (ICASA), decided in the middle of June 2022 to allow its competitors, MTN, Cell C, Liquid Telecom, Telkom and Rain, to pool their spectrum, which it believes limits competition.

“It is our considered view that spectrum pooling is a material change of control event that has wide-ranging implications for both competitors and consumers,” says Vodacom.

It argues that ICASA should have followed a public consultation process before deciding on the spectrum-sharing applications of MTN, Cell C and Liquid Telecom.

MTN South Africa says it is currently “studying these papers and consulting with our external legal counsel to determine our next course of action. We are not able to comment at this stage”.

ICASA did not immediately respond to a request for comment.

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