The Independent Communications Authority of SA (ICASA) has published a discussion paper on the provision of wireless Internet access, including WiFi. It is expected to lead to more certainty about legalities and business models, and the public has until 21 July to comment.
The notice, gazetted last week, is a precursor to regulations on the matter, which might include a possible new Internet provision service category that is free of Telecoms Act licensing obligations.
The Telecoms Act does not cover WiFi provision, but stipulates that telecoms services must be licensed. This uncertainty has frustrated vendors of wireless local area network (WLAN) equipment, users and wireless Internet service providers in a burgeoning worldwide industry.
The reach
The reach of the paper extends to all WLAN technologies operating in the 2.4GHz and 5GHz frequencies, particularly Bluetooth, home radio frequency, WiFi (802.11b) and HiperWLAN 2.
Equipment operating in these bands is exempted from equipment licensing requirements. In addition, private corporate use for intranet is also free of licensing obligation. But public WiFi Internet provision has until now been deemed a telecoms service by ICASA, if offered to the public in hotspot scenarios, and this service was therefore feared to require licensing. Hence the inaction by all concerned.
Given the active interest in this technology in the public domain, the paper wishes to facilitate public Internet provision, without clashing with Telecoms Act provisions.
ICASA therefore seeks input on ways in which the use of unlicensed equipment can extend to public Internet access, without crossing property boundaries and without detracting from the Telecoms Act, in these frequency bands.
The authority makes special mention of the Telecoms Act`s objectives of stimulating the industry and economy, bridging the digital divide, and convergence of telecoms, IT and broadcasting.
The questions
The paper poses certain scenarios around wireless Internet provision, and requests public comment on these formulations.
Most crucially, it asks whether public wireless Internet access is a telecoms service, as envisaged by the Telecoms Act, and whether it therefore has to be licensed. The authority invites the public to make submissions on the possible provision of a special new service category of public Internet service provision, exempting it from the Act`s licensing obligations.
Although ICASA`s initial view is that WiFi Internet is a telecoms service, it admits that a hotspot on a customer`s premises is the same as traditional wired Internet caf'es, which do not have to be licensed. In treating these technologies the same, ICASA concedes that this will not unfairly disadvantage wireless caf'es, and the industry will be stimulated.
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