FTTH Council Africa in legal battle with municipality
The FTTH Council Africa has started an official legal process against Ekurhuleni Metropolitan Municipality (EMM) after the government body placed a moratorium on all fibre deployments in March.
The lobby group initially called for an intervention from the Department of Communications after the moratorium on March 22, 2012, citing a gross violation of the rights of ECNS licensees and of the Electronic Communications Act.
“We feel that we have exhausted all avenues to amicably resolve the lifting of the moratorium that has been placed on the deployment of telecommunications infrastructure,” said Juanita Clark, CEO of FTTH Council Africa.
“Since the first letters were sent, we were told that this moratorium has been lifted – a few days later we were told that it was not, and at this point we are not sure; however, we know that no new Right of Way approvals have been issued, which is unacceptable”.
The FTTH Council says it has only received a single communication from the EMM, in which they acknowledge the existence of the moratorium, but have to date not indicated the length or adequate reasons for such a moratorium.
In its response to EMM, the FTTH Council Africa said it indicated that it would welcome the prospect of engaging with the industry organisation. However, the FTTH Council Africa responded that it will not engage with EMM until such time as the moratorium is lifted.
“The EMM’s letter regrettably did not contain a withdrawal of the imposed moratorium, and our view is that EMM do not need to place a moratorium on deployment in order to do a network audit, or for the purpose of dealing with internal processes, and that such a moratorium cannot be motivated,” Clark continued.
“We have now referred this matter to our legal representatives, Mahons Attorneys, who will deal with the matter via the correct legal course, and take the necessary steps. We have considered the severity of the implications of this matter, and we have full faith that our case is clear and we should have the desired outcome,” the group’s chief concluded.
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