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ICASA’s Approach To Spectrum Auction Was Unlawful, Court Says

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A SOUTH African judge said he had halted the radio frequency spectrum auction planned this month by regulator ICASA because he deemed the process unlawful and irrational.

High Court Judge Selby Baqwa passed an order on Monday prohibiting the Independent Communications Authority of South Africa (ICASA) from proceding with the auction, pending a hearing on contentions raised by telecoms operator Telkom and broadcaster e.tv.

The reasons for his decision were not contained in the order shared with journalists at the time.

At the heart of the dispute is a decision by ICASA to put up for auction the 700MHz and 800MHz spectrum bands, currently used by television broadcasters, before the migration of broadcasting services to digital from analogue has been completed.

The migration will free up much-needed spectrum for mobile operators.

ICASA argued in court last month that mobile operators would be able to share the bands with broadcasters immediately

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