The Wireless Access Providers' Association (WAPA) believes unlicensed providers of electronic communication services in SA should be brought to book by the Independent Communications Authority of SA (ICASA).
According to a press release, WAPA currently has 94 members, all of whom are licensed providers of wireless access services to South African consumers, and are required to be compliant with ICASA regulation.
However, the association has expressed concern that since around 500 unlicensed providers in SA are not subject to the ICASA Code of Conduct and consumer protection regulations, they may abuse their subscribers.
WAPA adds that the lack of action from ICASA seems to ignore the fact that providing unlicensed electronic communications services is a criminal offence.
"It is a relatively straightforward and inexpensive process for a provider to obtain the necessary licensing, which will permit it to provide services lawfully in SA," says lawyer Sumaiyah Makda, of Ellipsis Regulatory Solutions, regulatory advisors to WAPA.
On its Web site, Ellipsis outlines the application process step-by-step.
Unlicensed saviour
But in the US, ICASA's counterpart, the Federal Communications Commission (FCC), specifically opened up spectrum for unlicensed use in 2003.
Internationally, the US-based Wireless Internet Service Provider's Association (WISPA) is a not-for-profit organisation that primarily serves unlicensed providers.
Says WISPA executive director Rick Harnish: “We see the unlicensed spectrum as the saviour for millions of American businesses and households who have had few options to receive broadband services if it were not for the FCC decision to open up some spectrum allocation for unlicensed use.”
He explains that large, well-funded broadband providers in the US often avoid deploying services to remote areas because of low rates of return.
“I, personally, used to be a farmer who wanted broadband service to my remote farm in 1997. I studied wireless technologies and soon started our WISP business. At that time, there was no other option for broadband service in even the largest towns in my area. I saw it as an economic development benefit for my community and many others around it.
“Unlicensed spectrum is a birthplace of many new and exciting features, which have now been adopted by licensed spectrum manufacturers as well,” he says.
“The unlicensed spectrum became a breeding ground for innovation and our country and many others around the world need to recognise the massive benefits that unlicensed spectrum has provided and will provide in the future.”
Clean act
Independent telecommunications analyst Richard Hurst acknowledges Harnish's point. However, he believes certain levels of legislation are necessary to clean up the sub-sector and guide efficient use of spectrum.
“On the one hand, yes, freeing up spectrum does move us towards our national agenda with regard to broadband and access. However, a small degree of control is needed to protect the provider and the user. Spectrum is a national resource. It can't end up as a free for all.”
However, he believes ICASA could make the application process easier in order to make spectrum more widely available.
“They should work towards assisting would-be service providers by removing some of the red tape,” he says.
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