Solly Malatsi: ICASA Infrastructure Sharing Directive Finalized

• Minister Solly Malatsi has issued a policy direction instructing ICASA to review its facilities leasing and rapid deployment regulations.
• The directive aims to simplify network deployment, reduce broadband costs, and ensure meaningful connectivity in South Africa.
• ICASA is tasked with updating 2010 facilities leasing rules, considering wholesale rates and improved timeframes.
• New rapid deployment principles will discourage duplication while allowing for commercially justified additional infrastructure.
• ICASA must also establish a central GIS database for infrastructure and a dispute resolution process for licensees and landowners.

The overarching goal is to reduce the cost of broadband communication and ensure widespread, meaningful connectivity for all citizens by eliminating administrative complexities that hinder infrastructure development.

Minister Solly Malatsi has recently issued a significant policy directive to the Independent Communications Authority of South Africa (ICASA), published in the Government Gazette this week. This directive aims to streamline the deployment of telecommunications networks across South Africa, making it simpler and faster for operators to construct, expand, and share essential infrastructure. The overarching goal is to reduce the cost of broadband communication and ensure widespread, meaningful connectivity for all citizens by eliminating administrative complexities that hinder infrastructure development.

This final policy direction follows a draft version that was released for public comment on March 12. During the public consultation period, ICASA received 16 written submissions, the majority of which expressed support for the proposed changes. These submissions played a crucial role in refining the directive, leading to several modifications in the final text. The initiative by Minister Malatsi underscores a commitment to fostering an environment where digital infrastructure rollout is more consistent and efficient.

The directive specifically instructs ICASA to undertake a comprehensive review of two critical regulatory frameworks: its existing facilities leasing regulations and the principles guiding rapid deployment regulations. Regarding the Facilities Leasing Regulations of 2010, which govern the leasing of infrastructure like towers and ducts among operators, the minister has called for an update. This necessity arises from amendments to relevant legislation and important court judgments that have occurred since the regulations were first promulgated. ICASA is tasked with considering a revised list of essential facilities, establishing wholesale rates, improving timeframes for the conclusion and implementation of leasing agreements, and strengthening monitoring and enforcement mechanisms.

For rapid deployment, the policy direction outlines key principles for ICASA to integrate into a new regulatory framework. This framework should actively discourage the duplication of infrastructure where existing facilities are already available. However, it also acknowledges that the deployment of additional infrastructure may be commercially justifiable for reasons such as enhancing network resilience, improving quality of service, or enabling service differentiation. Furthermore, the directive mandates ICASA to establish a central geographic information system (GIS) database for the country's electronic communications infrastructure. This database will provide planners, regulators, and operators with a clear overview of existing infrastructure, aligning with the national spatial data infrastructure framework while ensuring sensitive information is protected through regulated access. ICASA is also requested to create a process for resolving disputes between licensees and landowners and to submit annual progress reports to the minister, with the first report due within 12 months.

This policy direction from Minister Malatsi is a pivotal step in South Africa's broader reform agenda aimed at enhancing digital access. It directly addresses the persistent challenge of delays in building and extending networks, which the minister identifies as a primary impediment to achieving affordable, high-speed connectivity nationwide. By targeting cumbersome and fragmented administrative compliances, the government seeks to accelerate the pace of infrastructure building and foster a more conducive environment for telecommunications growth.

The directive also serves to build upon and supplement the national policy on the Rapid Deployment of Electronic Communications Networks and Facilities, which was established in 2023. It provides further policy guidance to ICASA as the authority develops the necessary regulatory frameworks for network deployment and telecoms infrastructure sharing ZA. Ultimately, the initiative reflects a strategic push to ensure that all South Africans can enjoy the benefits of a robust and accessible digital economy, making the Solly Malatsi ICASA infrastructure sharing directive a cornerstone of future telecommunications development.

Lawyers and compliance officers in the South African telecommunications sector must monitor ICASA's forthcoming review and updates to facilities leasing and rapid deployment regulations. These changes, driven by Minister Malatsi's directive, will impact compliance requirements, contractual frameworks for infrastructure sharing, and potentially streamline network rollout processes for operators and landowners.

Source: Reporting based on government statement