MTN South Africa has vowed to vigorously contest a lawsuit by rival Vodacom, alleging that MTN’s spectrum pooling agreements with Cell C and Liquid Intelligent Technologies were unlawful.
In response to Vodacom’s interdict seeking to halt what it termed MTN’s “secret” spectrum pooling arrangements, MTN clarified that it had obtained necessary approvals from the regulatory authority, Icasa, under the Electronic Communications Act.
“The South African regulatory framework permits parties to apply for such arrangements, and MTN and its partners received approval from Icasa,” stated Marina Madale, Acting Chief Sustainability and Corporate Affairs Officer of MTN South Africa.
MTN further rebutted Vodacom’s accusations of secrecy, asserting transparency in its pursuit of spectrum pooling with other operators. The company emphasized that any disruption to these arrangements if granted by the court, would adversely affect network quality for a significant portion of the population.
According to MTN, spectrum pooling with Cell C and Liquid is crucial for maintaining network performance and disputing Vodacom’s claims of unfair advantage through unauthorized spectrum use. MTN argued in its court filings that Vodacom’s application lacks substantiated evidence and should be dismissed to prevent detrimental impacts on MTN, its partners, roaming customers, MVNOs, subscribers, and the public.
Cell C, also involved in the spectrum pooling, expressed confidence in the legality of the approvals received from Icasa and affirmed its intent to oppose Vodacom’s interdict in court.
The legal dispute underscores escalating tensions in South Africa’s telecom sector over spectrum utilization and regulatory compliance, with significant implications for industry competition and consumer service quality.
