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VANS were never allowed to self-provide Ivy

9 July 2008
Communications minister Ivy Matsepe-Casaburri denies she has ever granted value-added network services (VANS) the right to self-provide and that any interpretation otherwise would be incorrect.

She stated this in her answering affidavit to the applications brought by Altech Autopage last month. The applications asked the Johannesburg High Court to rule that VANS are allowed to build their own infrastructure and therefore, the regulator, ICASA, must award them an individual-electronic communications network service (I-ECNS) licence.

Altech's argument goes back to the ministerial determinations of September 2004, issued under the old Telecommunications Act. These were initially interpreted as having lifted the restrictions on VANS being able to self-provide and no longer being forced to rely on Telkom for networks.

That interpretation caused ICASA to issue a set of regulations stating VANS were allowed to self-provide. But the minister never signed the regulations into effect, as she subseq ...

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