Legal experts have warned that residential estates and office parks that agreed to Internet service provider monopolies on their fibre infrastructure are likely on the wrong side of the law.
Internet service providers in South Africa are calling on communications minister Solly Malatsi to enact legislative changes to address the exclusivity deals that some residential complexes and business parks have with fibre networks.spokeEven if the area where an estate is located has coverage from a single fibre network operator , different Internet service providers will compete on price and service offerings over the shared infrastructure.
Lincke’s comments came just as the Competition Commission began urging people unhappy with such exclusive ISP arrangements toCompetition Commission spokesperson Siya Makunga said they had received many complaints from residents over ISP monopolies in residential estates. Lincke said that currently, the only recourse for residents of such complexes, estates, and office parks is to take legal action, which is prohibitively expensive for most people.
Constas said that ISPs and fibre providers sometimes promise complexes or trustees a good deal or other perks in exchange for giving them exclusivity.Sasha Booth-Beharilal, ISPA chair“ISPA’s view is that closed networks — or entering into an exclusive arrangement with one provider — are contrary to the ideal of a level internet services playing field that values innovation and competition,” it said.
“Clauses to this effect must always be inserted in any written agreements with planned fibre providers,” she said.
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