South Africa’s communications regulator has moved to clarify the licensing requirements for satellite operators seeking to provide services in the country.
In a notice published last week, the Independent Communications Authority of South Africa (ICASA) set out a detailed framework that reinforces the need for multiple licences and spectrum approvals before commercial operations can begin.
According to the notice, ICASA received numerous requests from prospective satellite operators seeking guidance on the approvals required to offer services through satellite constellations in South Africa.
The clarification comes amid growing interest in the local market from international low-Earth orbit satellite providers and renewed debate around market access requirements for satellite broadband operators.
Starlink, owned by Elon Musk’s SpaceX, has faced a prolonged regulatory impasse in South Africa as it seeks entry into one of Africa’s largest telecoms markets.
Local law requires that telecoms operators meet ownership and empowerment conditions, including a minimum 30% stake held by historically-disadvantaged South Africans, which Starlink has not yet complied with.
ICASA says entities wishing to operate satellite services in South Africa will generally require three approvals – an Individual Electronic Communications Service (I-ECS) licence, an Individual Electronic Communications Network Service (I-ECNS) licence and one or more Radio Frequency Spectrum (RFS) licences.
The regulator stresses that these requirements apply irrespective of whether services are delivered directly to end-users or through wholesale arrangements.
Policy direction
The notice provides a detailed explanation of how the licensing framework under the Electronic Communications Act (ECA) operates and clarifies that obtaining an I-ECNS licence remains tied to a ministerial policy direction and a formal invitation to apply (ITA) process.
Under Section 5(6) of the ECA, ICASA may only accept and consider applications for individual electronic communications network service licences after the minister of communications and digital technologies issues a policy direction.
ICASA notes that the licensing process begins when it publishes an ITA in the Government Gazette, outlining application requirements, deadlines and fees.
The authority adds that the Department of Communications and Digital Technologies issued a policy direction in August 2025 instructing ICASA to establish an inquiry into whether new I-ECNS licences are needed. ICASA points out that the process is currently underway.
The regulator adds that, where no policy direction or ITA exists, parties seeking market access may negotiate commercial transfers of existing licences from current licence holders, although such transfers remain subject to regulatory approval under Section 13 of the ECA.
ICASA also reiterates that some operators may qualify for exemptions under existing licensing exemption regulations, while operators intending to run private electronic communications networks must apply for confirmation of their exempt status.
Beyond service licences, the regulator underscores that spectrum licensing remains mandatory.
Section 31 of the ECA requires any entity transmitting or receiving radio signals through radio apparatus to hold a radio frequency spectrum licence. ICASA emphasises that spectrum licences do not replace service licences and vice versa.
“A radio frequency spectrum licence is required in addition to any service licence… where the provision of such service entails the use of radio frequency spectrum,” the regulator states in the notice.
The clarification appears particularly significant for satellite operators that rely on shared infrastructure models, with ICASA outlining several operational scenarios.
Where a single company provides services through a satellite constellation directly to customers, it will need all three approvals – I-ECS, I-ECNS and relevant spectrum licences.
Where a provider offers wholesale satellite capacity to licensed electronic communications service providers, it may require only an I-ECNS licence and spectrum licences unless it also serves end-users directly.
The authority further clarifies that multiple entities using the same satellite constellation would each need to hold their own licences and comply independently with regulatory obligations.
In cases where operators use the same frequency bands, ICASA says spectrum-sharing arrangements must be submitted for approval and may require formal coordination agreements.
The regulator points to existing Radio Frequency Spectrum Regulations governing shared assignments and dispute resolution mechanisms.
Gateway earth stations
The notice also addresses infrastructure requirements around gateway earth stations, which connect satellite networks to terrestrial communications infrastructure.
ICASA says any operator intending to establish a gateway earth station in South Africa must hold an I-ECNS licence and appropriate spectrum licences. Operators that also provide retail services will additionally require an I-ECS licence.
Where multiple gateway stations connect to the same satellite constellation, it says operators using identical frequencies may be required to coordinate spectrum use.
The authority adds that applicants must apply for the full frequency range used by a satellite constellation rather than requesting portions of spectrum.
ICASA also highlighted lawful interception obligations, saying where a gateway Earth station supporting a satellite network is located outside South Africa, applicants will need to demonstrate to the regulator how lawful interception requirements will be implemented.
The latest clarification forms part of a broader regulatory overhaul underway in South Africa’s satellite market.
In May, ICASA published draft amendments to the Radio Frequency Spectrum Regulations and Radio Frequency Spectrum Fees Regulations following its inquiry into satellite licensing.
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