ICASA Sets November 30 Deadline for Spectrum Licensing Input

• ICASA has initiated a public consultation process for the next phase of International Mobile Telecommunications (IMT) spectrum licensing in South Africa.
• Stakeholders are invited to submit input on a questionnaire covering spectrum demand, assignment processes, and licensing conditions by November 30 at 4 pm.
• The proposed licensing includes bands IMT750, IMT800, IMT1500, IMT2300, IMT3300, and IMT3500, with consideration for 80MHz previously reserved for a wireless open access network.
• This process is governed by Regulation 7 of the Radio Frequency Spectrum Regulations, 2015, and Section 31(3)(a) of the Electronic Communications Act, 2005.
• The previous spectrum auction in 2022 generated R14.4 billion and was crucial for improving high-speed data services and government revenue.

The current consultation, therefore, is not merely a procedural step but a foundational element that will shape future market competition and the strategic operational capabilities of mobile communication providers in South Africa.

The Independent Communications Authority of South Africa (ICASA) has launched a critical information-gathering phase for its upcoming International Mobile Telecommunications (IMT) spectrum licensing process, setting a deadline of November 30 at 4 pm for all stakeholder submissions. This initiative marks a significant step towards making additional high-demand spectrum available to mobile communication service providers across the nation. The regulator is actively seeking comprehensive input on various aspects, including spectrum demand, potential assignment processes, and the specific conditions that will govern future licenses.

To facilitate this, ICASA has published a detailed questionnaire, inviting responses from a broad array of participants. Councillor Ntombiza Sithole, who chairs the ICASA committee, emphasized the profound importance of this engagement, stating that stakeholder input is crucial for developing an informed strategy for high-demand spectrum licensing. Sithole further clarified that the ICASA high-demand spectrum questionnaire serves as an initial step to collect data, which will help the authority consider potential competitive implications and guide the subsequent stages of the licensing process, rather than constituting a formal competition assessment at this juncture. The insights gathered from this consultation will directly inform the development of an information memorandum, which will precede the formal invitation to apply for the spectrum.

The current South Africa IMT spectrum licensing endeavor is being conducted under a well-defined legal framework, specifically Regulation 7 of the Radio Frequency Spectrum Regulations, 2015, in conjunction with Section 31(3)(a) of the Electronic Communications Act, 2005. This regulatory foundation underpins ICASA's authority to manage and assign crucial radio frequency resources. The spectrum bands targeted for this licensing round are extensive, encompassing IMT750, IMT800, IMT1500, IMT2300, IMT3300, and IMT3500, all vital for modern mobile communication services.

Furthermore, ICASA has indicated its consideration of incorporating an additional 80MHz of spectrum that was previously designated for the wireless open access network. This potential inclusion could significantly alter the landscape of available frequencies. The invitation to participate in this crucial input phase extends widely, reaching out to all licensees, various industry stakeholders, government ministries, departments, and agencies, as well as members of the general public, underscoring the regulator's commitment to a broad consultative process.

The ongoing process to license high-demand spectrum carries significant implications for South Africa's telecommunications sector and broader economy. The last time the country saw a major spectrum assignment was in 2022, an event that culminated in a historic auction process. That auction successfully generated R14.4 billion, substantially exceeding ICASA's initial target of R8 billion. Six qualified bidders participated in that pivotal event: Cell C, Liquid Intelligent Technologies, MTN, Rain Networks, Telkom, and Vodacom, all vying for access to essential frequencies.

For over a decade prior to the 2022 auction, mobile operators had consistently advocated for access to new spectrum, recognizing its necessity for delivering faster and more widespread high-speed data services to consumers. Beyond the industry's operational needs, the release of high-demand spectrum through an auction mechanism was also identified by the government as a crucial component of its economic structural reforms, aimed at bolstering the national fiscus. The current consultation, therefore, is not merely a procedural step but a foundational element that will shape future market competition and the strategic operational capabilities of mobile communication providers in South Africa.

Lawyers advising telecommunications clients in South Africa must review ICASA's questionnaire and consider submitting input by November 30 to influence the terms and conditions of the upcoming high-demand spectrum licensing process, which will significantly impact future market competition and operational strategies for mobile communication service providers.

Source: Original reporting via telecommunications regulator updates