[SINGAPORE] Skyventure VWT, which provides an indoor skydiving experience through AltitudeX on Sentosa island, has taken telco Simba to court over alleged equipment “trespass”.
Skyventure alleges that Simba’s equipment, which consists of an antenna on the rooftop and a base station on the ground level, has resulted in the loss of revenue, which relates to space on the ground floor occupied by tenant Shake Shack. In addition, it says the antenna on the rooftop of the event space has blocked the installation of additional air-conditioner condenser units on the rooftop.
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 square metres.
Simba, however, says that 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, cites 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, according to the IMDA website.
Benjamin Tan, chief technology officer at Simba who was cross-examined on the fourth day of court on Nov 21, said that this is probably the first incidence of a conflict arising between a building owner and 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.
Tan said that according to Copif 2018, Skyventure is obliged to provide 24 sqm of mobile installation space to the four telcos. This would approximate to 6 sqm per telco, he added.
The issue between Skyventure and Simba was raised to IMDA, according to court documents.
Simba said that it was notified by the IMDA in June 2021 that it would be required to remove its equipment within 12 months. A subsequent decision made by IMDA 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 do so to January 2023.
Simba stated that in December 2022, it lodged an appeal with the minister for communications & information. The minister then was Josephine Teo, who is now minister for digital development and information.
When Daniel Li, lawyer for Skyventure, asked Tan why Simba did not remove its equipment following IMDA’s ruling, Tan responded that the telco believes that, under the 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, regardless if it is the space in contention or some other space, in the building to Simba for use as a mobile installation site.
When Li asked Tan if it was possible for Skyventure to remove Simba’s equipment, Tan said that doing so would be an offence under the telecommunications law.
Tan said that Simba would have relocated its equipment had Skyventure offered it another spot within the iFly building.
He said that 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 that particular area is necessary to ensure that Simba hits the quality of service requirement set by the IMDA.
Tan said that should the quality standards not be met, Simba risks losing its MNO licence.
During the cross-examination, Tan said that iFly was the only commercially reasonable location for its equipment to be installed to serve that area. Other solutions, such as construction of a pole to install the antennas, were studied but were not acted upon as they were not deemed suitable.
The four-day hearing concluded on Nov 21, and written statements are to be submitted by Jan 16, 2026.
Skyventure is represented by Li and Kelly Tan from Ramdas & Wong, while Simba is represented by Clement Julien Tan from Nine Yards Chambers.
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