The Independent Communications Authority of South Africa (Icasa) has welcomed the judgment and order issued by the full bench of the Pretoria High Court in respect of the digital migration case between e.tv and Communications and Digital Technologies Minister Khumbudzo Ntshavheni.
The High Court on Monday dismissed the applications by e.tv and other related parties to restrain the Minister from determining the analogue switch-off date until every indigent person is provided with a set top box, whether registered for it or not.
“To ensure a seamless and orderly transition the High Court exercised the residual powers conferred to it by section 172(1)(b) of the Constitution by deferring the analogue switch-off date from March 31 to June 30,” said Icasa chairperson Dr Keabetswe Modimoeng in a statement on Wednesday.
The judgment aligns with the expiry of the provisional spectrum licence period aimed at ensuring the seamless transition of services by July 1.
“This judgment brings certainty and conclusiveness with regards to digital migration in South Africa. This coincides with the successful conclusion of the radio frequency spectrum auction, as well as government’s intention to revise the Wireless Open Access Network policy regime,” he added.
Icasa, meanwhile, appealed, again, to telecommunications group Telkom to reconsider its position on its own litigation in relation to the auction of high-demand spectrum.
“As a result of these developments, we appeal to Telkom to consider withdrawing its litigation, and to allow the upcoming consultation avenues on these regulatory interventions to conclude. It is therefore a humble plea, and we believe that Telkom will join all of us in embracing the new winds of digital evolution in our country,” Modimoeng concluded.