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What is the Difference Between Dark and Lit Fibre?

  • April 30, 2020
  • Sián Fields (Copyright IP & Technology, Data Privacy and Commercial Law Specialist)

Recently I was looking into the issue of whether an Electronic Communications Service Provider License (ECS License) or an Electronic Communications Network Service Provider License (ECNS License) would be required in order for an entity to own infrastructure over which Electronic Communications or Broadcasting Services could be provided.

The regulatory framework relating to ECS and ECNS licenses is a muddy pond which in all honestly I have difficulty clarifying without many hours engaging in the mental equivalent of bog snorkelling. I did however come across a piece of interesting information which seems to be true in many legal jurisdictions around the globe. This relates to the issue of fibre and when same is considered to be “lit” or “dark”.

Generally speaking, in this context, dark fibre or unlit fibre refers to unused optical fibre capacity that is potentially available for use. In other words this is the potential network capacity of telecommunication infrastructure. Due to the high cost of any fibre installation, traditionally dark fibre would have been planned for, and installed, at a significantly greater rate than was needed for current demand, to provide for future expansion and provide for network redundancy. Now it is an increasingly common practice for an owner of dark fibre to lease the “dark” fibre optic cables to an entity that has a valid license to light up such fibre and provide electronic communications services over such fibre network.

Lit fibre is conversely created when the dark fibre is “lit” by a validly licensed service provider with an ECS License when they deliver electronic communications services to their customers. Lit fibre is simplistically fibre optic cable that has been connected to a port on a piece of telecommunications equipment.

About the author

Sián Fields (Copyright IP & Technology, Data Privacy and Commercial Law Specialist)

Sián Fields is a Reynolds Attorneys consultant specialising in copyright IP and technology law, data privacy law and commercial Law. She has an LLM in Commercial Law with a specialisation in Electronic Law, and has extensive experience in information technology and telecoms, and offshore and local data privacy laws.
  • Copyright IP & Technology
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Nicole Copley

NGO law

Nicole Copley is an NGO lawyer who works for NGO clients all over South Africa and internationally. She qualified with a BA LLB LLM (Tax) from the University of KwaZulu-Natal, Durban (with a Masters in tax exemption), and is a Master Tax Practitioner SATM.

Nicole advises on, drafts and amends founding documents for and sets up every sort of organisation required by South African NGOs. She makes tax exemption and 18A (deduction of donations) applications, and applications to be registered with the Nonprofit Organisations Board. She (and her team) keep registrations up to date and assist with compliance and reporting. She also NPO reporting and other services. She advises on re-structuring and assists not-for-profits in understanding and applying the useful provisions of B-BBEE.

She also does commercial drafting work for her NGO clients, vetting and drafting agreements for them. She works for a wide range of types and sizes of organisations and aims to provide a pragmatic and efficient service. Her decades of experience in consulting to NGOs means she takes the long view, is focused on governance, ethics, credibility and sustainability and steers clients away from quick fixes, helping them build/renovate so that the organisation outlasts current office bearers.

Nicole works with other consultants to the not-for-profit sector, collaborating on training, newsletters, advising government on legislation for the sector and, most recently, a series of practical guides for the sector, called “NGO Matters”, originally published by Juta but now published by Nicole as NGO Matters Publications.

She has been a consultant since 2019.

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