If you have been following South Africa’s long journey to getting the necessary 5G Wireless Open Access Network (WOAN) spectrum allocated for local networks and carriers, you’ll know that 31st March has been outlined for the application process to end. As we get closer to that date, it looks like the process has been less than fair in the view of MTN.

To that end the carrier this week filed a lawsuit against Independent Communications Authority of South Africa (ICASA), alleging that the regulator has been squeezing MTN out of bidding for the most sought after bands of 5G spectrum.

According to Bloomberg, legal documents were tabled for the Johannesburg High Court, where the carrier asked for the process to be corrected or for elements of the process to be set aside. The carrier explains that once it has its turn to bid for the spectrum it desires, most of it will have been snapped up, with the likes of Telkom and Liquid Telecom alleged to have been given preference.

The carrier explains that the actions taken by ICASA leaves MTN with, “no option but to seek relief from the courts,” it noted in a press statement sent out earlier in the week.

This latest development is yet another in a series of hurdles that have arisen during the several-year long allocation process, with carriers and government alike unable to fully decide on how it should be carried out, along with which companies stand the most to benefit from allocations.

As such, the WOAN 5G spectrum applications could be derailed depending on what happens at the Johannesburg High Court.

ICASA standing firm

As for ICASA, it has already made its intention clear, saying that it will oppose the action taken by MTN.

“This latest litigation attempt is characteristic of either impatience or a subtle desire to channel the Authority’s decision-making outlook. We, however, remain steadfast and will defend the process against these challenges,” said ICASA Chairperson, Dr Keabetswe Modimoeng in an official statement.

“We believe that this licensing process has been balanced, with no room for a winner-takes-all attitude. Furthermore, the fact that the respective litigants are uncomfortable for diametrically different reasons is indicative of a delicate balance that the Authority struck in its decisions. The process cannot be tailored for the narrow fulfilment of one or two specific mobile operators,” adds Modimoeng.

It therefore looks like both parties will be standing firm, waiting for the other to blink. With 5G being touted for some time now has the key piece in SA’s digital transformation goals, this is clearly a process where all involved have skin in the game.

“We will go to court and argue our case in defence and furtherance of ICASA’s public interest mandate. We will do so because South Africans deserve to benefit from the imminent release of the radio frequency spectrum through reduced data costs, improved network quality and rural broadband coverage,” the chairperson concluded.

How this will play in court, remains to be seen.