iFly Sentosa parent sues Simba over equipment ‘trespass’
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Skyventure VWT alleged that Simba’s equipment, comprising an antenna on the rooftop and a base station on the ground level, has resulted in lost revenue.
PHOTO: ST FILE
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SINGAPORE – Skyventure VWT, which runs the indoor skydiving experience iFly Sentosa on the island, has taken telco Simba to court over alleged equipment “trespass”.
Skyventure alleged that Simba’s equipment, comprising an antenna on the rooftop and a base station on the ground level, has resulted in lost revenue, which relates to space on the ground floor occupied by tenant Shake Shack.
In addition, it said the antenna on the rooftop of the event space has blocked the installation of additional air-conditioner condenser units.
This has resulted in Skyventure being unable to host events during the day, it said.
According to court documents obtained by The Business Times, the total space occupied by Simba is 4.51 sq m.
Simba, however, said it is acting in line with the regulations issued by the Infocomm Media Development Authority (IMDA), more specifically, the Code of Practice for Info-Communication Facilities in Buildings 2018 (Copif 2018).
Copif 2018, which came into effect in December 2018, states that building owners are obligated to provide designated space for mobile network operators (MNOs) to install their telco equipment rent-free.
The telco equipment will allow MNOs to provide mobile network coverage to surrounding buildings, which will then benefit both the buildings and their tenants, the IMDA website indicated.
Simba’s chief technology officer, Mr Benjamin Tan, who was cross-examined in court on Nov 21, the fourth day of the hearing, said this is probably the first incidence of a conflict arising between a building owner and an MNO that has resulted in a court case.
It is believed that three other MNOs – M1, StarHub and Singtel – all have telco equipment within the iFly building.
Mr Tan said that according to Copif 2018, Skyventure is obliged to provide 24 sq m of mobile installation space to the four telcos. This translates to about 6 sq m per telco, he added.
The issue between Skyventure and Simba was raised to IMDA, court documents showed.
Simba said it was notified by IMDA in June 2021 that it would be required to remove its equipment within 12 months.
A subsequent decision made by the authority in April 2022, while negotiations between Skyventure and Simba were still ongoing, affirmed the initial decision, Simba said.
The telco added that in December 2022, IMDA again affirmed its initial decision for Simba to vacate the space but extended the deadline to January 2023.
Simba stated that in December 2022, it lodged an appeal with the minister for communications and information. The minister at the time was Ms Josephine Teo, who is now the Minister for Digital Development and Information.
When Mr Daniel Li, lawyer for Skyventure, asked Mr Tan why Simba did not remove its equipment following IMDA’s ruling, Mr Tan responded that the telco believes that, under Copif 2018, Skyventure needs to provide it with a mobile installation space.
Simba’s view is also that Skyventure is obliged to provide a space – whether it is the space in contention or another space in the building – to the telco for use as a mobile installation site.
When Mr Li asked Mr Tan if it was possible for Skyventure to remove Simba’s equipment, Mr Tan said doing so would be an offence under the telecommunications law.
Mr Tan said Simba would have relocated its equipment had Skyventure offered it another spot within the iFly building.
He said the mobile network is meant to serve the beach and forested area in front of the iFly building. He added that having mobile network coverage in the particular area is necessary to ensure that Simba hits the quality of service requirement set by IMDA.
Mr Tan said should the quality standards not be met, Simba risks losing its MNO licence.
During cross-examination, Mr Tan said iFly was the only commercially reasonable location for its equipment to be installed to serve that area. Other solutions, such as the construction of a pole to install the antennas, were studied but not acted upon as they were not deemed suitable.
The hearing concluded on Nov 21, and written statements will be submitted by Jan 16, 2026. THE BUSINESS TIMES
