Telkom South Africa has dropped its urgent application to interdict the auction of spectrum. It agreed with the Independent Communications Authority of South Africa (Icasa) and other telecoms companies to remove the matter from the court roll after they backed an expedited hearing of the merit of Telkom’s case. This forms Part B of its application against Icasa’s Invitation to Apply for mobile spectrum, which was published in December 2021.
Telkom warned that it reserves its rights to reinstate the matter on short notice should it become necessary. Part A of Telkom’s two-part application was set to be heard on 25 January.
On 21 January, Telkom had proposed the withdrawal of the urgent interdict, telling the concerned parties that it would consider dropping its injunction application if they agreed to an expedited review of Part B. Telkom said the review is expected to be heard 01-04 March, if the court can accommodate the request. The auction of spectrum is set for 08 March.
Telkom’s case centres on the lawfulness of Icasa’s design of the licensing of spectrum and its justification, among other things. Telkom, which is partly owned by the government, argues the design of the auction process issued by Icasa will entrench an uneven playing field in the telecoms sector.
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