| 3.1. |
This section listed and detailed some of the legislation/policy guiding the publication of the IM. |
| 3.2. |
A number of submissions indicated that the IM consists of insufficient information on the auction process and how the WOAN would work. |
| 3.3. |
The Authority was of the view that the minimum requirements for the WOAN stipulated in the IM were sufficient for the purposes of soliciting public representations. |
| 3.4. |
The WOAN is a new concept in South Africa which has not been regulated or legislated on in the past, for this reason the Authority has decided to follow the beauty contest licensing process for the WOAN where applicants would be required to submit applications that included the following functionality aspects: |
| 3.4.1. |
Demand, Need and Support of the proposed service and impact of the proposed service on competition in the relevant markets; |
| 3.4.2. |
Economic efficiency, viability of the business plan and financial means of the Applicant; |
| 3.4.3. |
Capability, expertise and experience of the Applicant and its employees in business in general and in I-ECNS in particular; |
| 3.4.4. |
Technical efficiency; |
| 3.4.5. |
Functional efficiency in terms of the extent to which the use of spectrum meets the user's needs; and |
| 3.4.6. |
Diversity of ownership. |
| 3.5. |
The applicant with an application that scores the highest on functionality would be awarded the I-ECNS and RF spectrum licences for the provision of WOAN services. |
| 3.6. |
There were also submissions that warned that the Authority should be vigilant and avoid imposing proposed conditions of award (whether to the WOAN or to the licensees) that would undermine the objects of the Act1. |
| 3.7. |
The Authority has applied its mind considerably to the licence conditions that it has imposed on the WOAN as well as the conditions of award in order to ensure that it does not undermine the objectives of the Act. |
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1 |
Vodacom submission – page 59 |
Supreme Court Act, 1959
