The Independent Communications Authority of South Africa (“ICASA”) has just released the Draft National Radio Frequency Plan 2025, and they want to hear from you. This important plan lays out how radio frequency spectrum will be allocated and managed, ensuring that everything from mobile and satellite communications to broadcasting runs smoothly and efficiently.

Key highlights from the document:

• • The allocation of frequency: the plan provides detailed allocations from various services, making sure the spectrum is used efficiently;

• • Satellite communications: the plan includes specific bands for mobile satellite, fixed-satellites, and broadcasting satellites services, with protections in place to prevent interference to other services.

This plan is vital for the future of orderly communications in South Africa. It supports technological advancements and ensures that we stay compliant with international regulations. Your input is incredibly valuable to help shape the future of our national radio frequency spectrum plan.

ICASA has called for the submission of the Annual Forecast of Licence Fees and Universal Service and Access Fund Contributions for 2024/2025.  The call is incumbent on all Broadcasting, Electronic Communications Services (ECS), and Electronic Communications Network Services (ECNS) Licensees whose financial year ends between October 2023 to March 2024. The Licensees must submit on or before 30 April 2024. 

The Independent Communications Authority of South Africa (“ICASA”) has issued a notice on illegal provision of, or access to satellite internet services and possession, distribution or use of satellite broadband terminals and equipment in South Africa (“Notice”). ICASA has taken notice of the recent developments on the alleged provision of satellite internet services through Starlink terminals in South Africa, and of some entities distributing Starlink products in South Africa from within the country and from the neighbouring countries. ICASA has indicated that Starlink does not possess any licence issued by ICASA to provide electronic communications, electronic communications network or broadcasting services in South Africa.

As a response to these developments, the Notice sets out the licensing requirements for satellite internet services, specifically the criteria for both Individual and Class Electronic Communications Services and Electronic Network Service Licences.

The Regulation of Interception of Communications and Provision of Communications-Related Information Amendment Bill (“RICA Bill”) has been tabled before parliament. The RICA Bill has been introduced by the Minister of Justice and Correctional Services to bring RICA in line with the Constitutional Court judgement in the Amabhungane Centre for Investigative Journalism NPC v Minister of Justice and Correctional Services and Others 2021 (3) SA 246.

On the 23 June 2023, the Minister of Communications and Digital Technologies published the Electronic Communications Amendment Bill, 2022 (“ECA Bill”). The purpose of the ECA Bill is to give effect to the recommendations set out in the Competition Commission Data Service Market Inquiry report, specifically the recommendation on legislative changes aimed at increasing the level of competition in the market, thereby driving down prices.

Interested persons are invited to provide written comments on the proposed ECA Bill within 30 working days from the date of publication of the Bill.

This is the 8th annual State of Information Communication Technology (ICT) sector report produced by ICASA since 2015.  The report recognises that access to a comprehensive and timely set of ICT indicators is vital for a proper regulation of the sectors for which it is responsible namely: broadcasting, postal, and telecommunications sectors.  The report aims to provide up to date information to enable interested parties to make informed decisions on the ICT sector.

ICASA has issued an Erratum Notice to the published Radio Frequency Spectrum Assignment Plan, dated 25 November 2022, in respect of a recently gazetted Notice that was issued for comment. The purpose of the erratum is to replace certain pages of the previously published Notice in order to correct and align the title to the heading and contents of the previous Notice. Interested persons are invited to submit written representations of their views on the draft Radio Frequency Spectrum Assignment Plan. Submission must be made no later than 16h00 on Friday 13 January 2023.

ICASA has extended the date for written representations on the Information Memorandum which intends to initiate the second phase of the licensing process with respect to availing radio frequency spectrum to prospective licensees to provide wireless mobile broadband access services in the low and mid radio frequency bands.  The closing date is now 30 September 2022.

The Department of Co-Operative Governance and Traditional Affairs has called for input on a standard draft municipal by-law which is intended to facilitate the rapid deployment of electronic communications infrastructure, and ‘ensure uniformity’ in the context of related competencies, laws and developmental obligations.  This notice was published in terms of the Municipal Systems Act.  Written comments on the draft by-laws must be submitted within 30 days of the date of publication.

On 17 August 2022, ICASA published a general notice to initiate the second phase of the licensing process to make available Radio Frequency Spectrum for Mobile Broadband Wireless Access Services in the low and mid International Mobile Telecommunications (“IMT”) frequency bands.

The second phase follows the conclusion of the first phase of the auction of high demand radio frequency spectrum which was concluded on 17 March 2022.

ICASA intends soliciting views from interested stakeholders regarding the licensing process and the frequency to be sold.  Any interested persons are invited to submit written representations by 19 September 2022.

ICASA published draft amendments to the End-user and Subscriber Service Charter Regulations, 2016 (“the Draft Amendments”).  The intention being to invite written representations from interested parties.

ICASA states that the Draft Amendments are aimed at strengthening the provision of quality of service for electronic communication services, and to add new regulations on voice, SMS and data services.

The Draft Amendments propose to:

• lengthen the expiry of unused voice, SMS and data services to six months;
• allow ICASA to direct licensees to run mandatory educational and awareness campaigns concerning fraud or send out public emergency notifications;
• enhance network monitoring requirements and reporting to ICASA; and
• require licensees not only to report planned service upgrades but also unplanned network outages through various platforms including social media.

A number of interested parties have made submissions including the Competition Commission of South Africa.

ICASA is likely to release a report on this in due course.

The Independent Communications Authority of South Africa (“ICASA”) held virtual public hearings in respect of the Discussion Document on Signal Distribution Services.

The objective of the public hearings was to assess the state of competition in the signal distribution market in order to determine whether the market should be regulated.

Signal distribution is how radio and television waves are transported from a broadcaster to viewers or listeners. For example, when you turn on your radio, a signal distributor transmits the radio waves from the broadcaster to your radio.  Sentech is an example of a signal distributor.

ICASA received six written submissions from interested persons.  These were from eMedia, MultiChoice, Primedia, Radio Pulpit, SABC and Sentech.

The public hearings took place on the 26 and 29 August 2022 with various stakeholders presenting on the topic.  ICASA is likely to release a report on the hearings in due course.

The Department of Communications and Digital Technologies has published the Next Generation Radio Frequency Spectrum Draft Policy.

Interested persons are invited to provide written comments on the proposed Spectrum Policy within 30 working days of the date of publication. Click to view the Policy.

The Independent Communications Authority of South Africa (“ICASA”), yesterday, released an information memorandum asking for comments on its proposed release of further radio frequency spectrum.  One of the main reasons for releasing the additional spectrum is to pursue South Africa Connect’s and the National Development Plan’s focus on education, health and government services.  Further, it seeks to “operationalise the New Growth Path and the Strategic Integrated Project (SIP) 15“.  The closing date for comments is 19 September 2022, before 16h00 SAST. Please contact us if you need any further information on this and other telecommunications regulatory and compliance matters.