The $699k ($698,594.50) fine/damages Simba was ordered to pay the iFly Building operator (Altitude Xperience) was because a High Court ruled they were trespassing. Simba refused to vacate after a previous agreement ended, and their defense that they could use the space rent-free under national telecom rules was rejected.
Simba was slapped with the damages rather than being allowed to use the rooftop for free due to the following reasons:
- The specific area was not classified as "unused": Under the Code of Practice for Info-communication Facilities in Buildings (COPIF), building owners must provide free space for telcos, but this only applies to designated or "unused" spaces. The IMDA ruled that the specific rooftop space on the iFly building did not qualify.
- Actual business damages were proven: The 4.51 square meters of equipment on the rooftop prevented the building owner from installing air-conditioning. This directly resulted in lost revenue because they could not host events during the day.
- The expired oral agreement: Simba had previously occupied the space under oral or short-term licensed agreements that eventually expired. When the lease ended, Simba continued occupying the spaces without a valid license.
Other major telcos (Singtel, StarHub, M1) often use rooftop spaces without these legal disputes because they secure proper commercial contracts or coordinate through building management rather than relying solely on the COPIF rent-free clauses.
In situations where a telco does need space, they also regularly share base stations or work out site-sharing agreements to cover difficult spots (like the Sentosa beach and forested areas Simba was targeting).
All-in-all, Simba is quite unfortunate in refusing to pay the requested rent (to save cost) by iFly and end up losing the case.
