The Independent Communications Authority of South Africa (ICASA) has published draft amendments to the Radio Frequency Spectrum Regulations, 2015, and the Radio Frequency Spectrum Fees Regulations, 2010, in terms of the Electronic Communications Act, 2005. The amendments are open to public comment for a period of six weeks.
“The proposed amendments give effect to the findings of the inquiry and are intended to provide regulatory certainty, support innovation and investment in satellite services, and promote efficient spectrum use in South Africa,” said councillor Thabisa Faye, chairperson of the satellite licensing framework committee.
The proposed amendments come at a time when satellite internet services are under increased scrutiny in South Africa, particularly as SpaceX-owned Starlink continues to face regulatory hurdles in securing a licence to operate locally.
The satellite operator has yet to launch commercially in South Africa due to licensing and ownership requirements under the country’s Electronic Communications Act, which include broad-based black economic empowerment obligations.
Amid the impasse, communications and digital technologies minister Solly Malatsi gazetted a final policy direction in December recognising equity equivalent investment programmes (EEIPs), directing ICASA to consider these as an alternative to the Electronic Communications Act’s requirement that telecoms network service providers be 30% owned by historically disadvantaged groups before obtaining a licence.
South African-born billionaire Elon Musk has long pushed to bring Starlink to his home country, criticising the regulatory and ownership requirements needed to launch the service locally. Starlink is already operational in several neighbouring African countries.
Local law requires telecoms operators to meet ownership and empowerment conditions, including a minimum 30% stake held by historically disadvantaged South Africans, with which Starlink has not yet complied.
Instead of selling equity to black-owned entities, Starlink has lobbied for EEIPs as an alternative.
EEIPs allow international companies to secure empowerment status without selling equity. ICT multinationals that have implemented EEIPs under the ICT Sector Code include HP, Microsoft, IBM, Dell Technologies, Samsung and Amazon Web Services.
The new satellite regulatory framework could provide greater clarity on spectrum allocation, satellite service licensing and the operation of satellite user terminals, potentially shaping the future participation of global low-Earth orbit satellite providers in the South African market.
In a statement issued today, ICASA says the publication follows the authority’s inquiry into the Licensing Framework for Satellite Services, initiated on 14 August 2024.
The inquiry sought to determine an appropriate regulatory and licensing framework for satellite services in South Africa, including procedures for the authorisation of satellite user terminals, Earth Stations in Motion, and the registration of international satellite operators intending to provide services in the country.
ICASA says the inquiry also considered the review of spectrum fees in light of increasing bandwidth requirements associated with satellite systems operating in higher frequency bands.
The authority received 47 written submissions from stakeholders and conducted public hearings from 5 to 7 February 2025.
Following consideration of the submissions, oral presentations and supplementary information, ICASA published its findings on 17 April 2025 in Government Gazette No 52530, Notice 3144.
However, one notable absentee from the hearings was SpaceX, whose representative did not appear despite the company being scheduled to present.
To give effect to the findings, the authority is proposing amendments to:
• The Radio Frequency Spectrum Regulations, 2015; and
• The Radio Frequency Spectrum Fees Regulations, 2010.
ICASA notes that the draft amendments are intended to strengthen the regulatory framework for satellite services and ensure spectrum management remains responsive to developments in the sector.
Interested persons and stakeholders are invited to submit written representations by 29 June at 16:00, in accordance with the published notices. The Government Gazette notices, containing the draft amendments and submission details, are available on the ICASA website.
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