AT&T, a leading international telecommunications supplier, said on Wednesday that it would take legal action against Telkom for refusing to adhere to the landmark ruling against it by the Independent Communications Authority of South Africa (Icasa).
AT&T plans to obtain a court order that will force Telkom to supply it with more lines which it needs to supply data services to a number of South African companies.
Icasa’s ruling, made on June 21, followed a section 100 complaint filed by Telkom against AT&T almost two years ago and a counter complaint lodged by AT&T on March 22 last year.
Telkom’s complaint was rejected by Icasa and AT&T’s counter complaint upheld.
Icasa found that the services provided by AT&T were lawful value-added networks (VANs) and that Telkom violated the Telecommunications Act by withholding telecommunication facilities from AT&T and, in so doing, had acted in an uncompetitive manner.
AT&T South Africa managing director Peter Davies said more than two weeks had passed since Icasa issued its ruling.
To date, Telkom had failed to abide by the ruling and the direction by Icasa instructing it to provide the telecommunication facilities AT&T required, he said.
AT&T had sent two letters to Telkom requesting its compliance with the ruling. The first letter was sent on June 25, and indicated specifically what facilities it required.
The second letter, sent on July 5, reminded Telkom of its legal obligation to comply with Icasa’s ruling.
”However, to date, Telkom has simply ignored our correspondence,” Davies said.
”AT&T is forced therefore to take legal action to enforce its rights. If Telkom continues to fail to abide by Icasa’s direction, AT&T will request a court to order Telkom to provide AT&T with the telecommunication facilities it requires in accordance with Icasa’s ruling.
If Telkom then refuses to provide the required facilities, the court order can be enforced with contempt proceedings, resulting in possible prison sentences for Telkom’s directors.”
He said AT&T may also request the Attorney General to prosecute Telkom’s directors in terms of the Telecommunications Act.
The Act provided that failure to abide by an Icasa ruling was an offence punishable by a fine or imprisonment or both, Davies said.
Reacting to the AT&T statement on Wednesday, Temba Masilela, executive: corporate communications of Telkom, said Telkom disputed the correctness of the ruling made by Icasa on June 21 regarding the provision of telecommunications facilities to AT&T Global Network Services.
He said both Icasa and AT&T had been advised of Telkom’s position.
”Telkom is taking the Icasa ruling on review and is presently considering AT&T’s application for telecommunication services. Telkom will revert to AT&T in due course,” Masilela said. – Sapa