The Independent Communications Authority of SA (ICASA) has published draft radio frequency spectrum regulations and is calling on interested parties to comment on the document before it is finalised.
The closing date for written submission is 19 November. The authority intends to hold public hearings regarding the regulations on 1 and 2 December.
The draft regulations seek to, among others, establish a framework through which ICASA may allocate and assign radio frequency spectrum under the South African Table of Frequency Allocations.
The regulations will also be instrumental in establishing standard terms and conditions which will be applicable to all frequency bands and applications as well as radio frequency spectrum licences; and to establish a fair, transparent and efficient process and procedure for radio frequency spectrum licence applications, explains the authority.
“These regulations will go a long way in harmonising spectrum regulations in a converging world. They review outdated spectrum regulations which date as far back as 1979; and attempt to align these with new technological developments,” says ICASA councillor Marcia Socikwa.
The draft regulations, which were published on 29 September, have already come under fire for potentially undermining empowerment in the industry.
BEE amendments
Possibly the most noticeable amendment to the draft regulations is the absence of a clause which requires applicants for radio frequency spectrum to have a minimum of 30% direct ownership by historically disadvantaged individuals.
The move was criticised by industry commentators, who argued it would undermine competition in the industry as the requirement was critical in extending the opportunity to apply for spectrum to smaller players and was seen as a critical component to grow empowerment in the industry.
However, Socikwa later responded to the criticism, saying: “The current draft regulations do not have explicit provisions for BEE, as it is anticipated that by the time they are concluded, the authority would have published the ownership and control regulations which will have general application to the sector.”
Now the industry will have the opportunity to voice its concerns around the exclusion of the empowerment clause, among other issues.
Related story:
ICASA scraps BEE clause
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