JOHANNESBURG Reuters - South Africa's two biggest mobile operators, MTN and Vodacom, have joined the number three Telkom in a lawsuit to stop the regulator from permanently assigning frequency spectrum at the start of COVID - 19 outbreak.
The temporary spectrum allowed operators to provide faster connectivity to customers to meet a surge in data demand as large numbers of people shifted to studying and working from home last year.
MTN and Vodacom have also used temporary frequencies to launch 5-G networks.
But the Independent Communications Authority of South Africa ICASA said in August telecom operators must return their bandwidth by the end of November, as it could not allow the temporary assignment to assume a state of permanence while a permanent process was underway.
That permanent process - of auctioning long-term spectrum - was delayed by legal wrangling after Telkom and broadcaster eMedia Holdings argued the auction process was flawed and obtained a court order to suspend it.
After the legal wrangling was resolved, ICASA restarted the auction process this month.
Telkom filed then new papers this month asking the High Court to set aside ICASA's decision to bring temporary spectrum back, saying the removal of that spectrum would have a catastrophic impact on its network performance and customers.
Vodacom can confirm the legal proceedings and will continue to support relief requested by Telkom, Vodacom said in a statement on Monday.
MTN said it had filed papers in the Pretoria High Court on Friday against the decision by ICASA that requires the return of temporary spectrum.
Since the start of the pandemic, the demand for data is on MTN's network alone, with 165% additions, MTN said.
The withdrawal of temporary spectrum will also pose a significant risk to lower-income South Africans, students and learners who are benefiting from free access, established at the start of the Pandemic, the operator said.
More than five million people get free access to more than 1,000 websites, thanks to the temporary spectrum, MTN said, adding that it remains open to settling out of court.
Last week Telkom said it would fight the ICASA lawsuit.