Screamer vs Icasa case coming to a close
Final arguments in the ongoing case between Icasa and Screamer Telecom over the latter’s alleged illegal use of Sentech spectrum will be heard in November, TechCentral reported.
The oft-delayed case came to a head last week during a 3-day hearing which saw Icasa and Screamer argue their cases.
The case against Screamer, a provider of corporate wireless broadband Internet connectivity solutions, revolves around alleged unlawful use of state-owned signal distributor Sentech’s 2.6GHz band of spectrum, which resulted in the confiscation of Screamer equipment.
The case has been ongoing since 2011.
It was reported as far back as mid-2009 that Screamer Telecoms had been using Sentech’s 2.6GHz spectrum to provide consumers with WiMax and Wi-Fi services.
At the time, Sentech continued to deny any current association with the Screamer, saying it discontinued its agreement with the company in January 2010.
Further, Sentech called on Icasa to take action against the company for illegally using its spectrum.
In May 2011, Icasa reacted to complaints and moved against Screamer, confiscating its WiMax equipment.
However, at the time, Screamer CEO Gavin Hart rubbished the reports, saying that their network was up and running and it was business as usual.
According to TechCentral who was present at the hearings, Screamer maintained that its use of Sentech’s spectrum was not illegal, as it was part of an agreement, similar to how a mobile virtual network operator such as Virgin Mobile uses Cell C’s spectrum.
However, Icasa argued that despite any agreement between Sentech and Screamer, the use of the spectrum was still in breach of the Electronic Communications Act. Icasa is calling for Screamer to face criminal prosecution, it was reported.
According to TechCentral, the parties ran out of time and could not give closing arguments in the case. Closing arguments will be given in writing at the end of October 2013, with oral presentation following a week later.
Sentech returning spectrum
In April 2013, Sentech announced that it would be returing its 2.6GHz and 3.5GHz spectrum to Icasa, raising questions on how the move would impact Screamer.
However, according to Screamer’s head, the company stopped using Sentech’s spectrum the day that Icasa took action against the company in 2011.
Sentech CEO, Setumo Mohapi, said the decision to return the spectrum came after much consideration on how Sentech should be involved in the national broadband network plans of the Department of Communications.
Mohapi said that Sentech concluded that the ecosystem in South Africa has changed in a fundamental way, and the fact that the cost of spectrum has grown tenfold was also a big consideration in returning the spectrum to the regulator.
More on Sentech and Icasa
Icasa vs Screamer case postponed
Sentech to return spectrum to Icasa
Pule reins in state-owed companies
Icasa, iBurst court battle extended
Screamer and ICASA: Confusion about WiMax ‘raids’ (MyBroadband)
Loading ...