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South Africa

National Policy

Telecommunications and internet policy in South Africa is governed by the Electronic Communications Act of 2005. The act has undergone amendments in 2007 and 2014.

The communications sector is regulated by the Independent Communications Authority of South Africa ( ICASA). ICASA was established in 2000 by the Independent Communications Authority of South Africa Act which underwent amendments in 2006 and 2014

Telecommunications policy is set by what is now (June 2019) known as the Department of Communications and Digital Technologies (DCDT), a merger of the Department of Communications (DOC) and the Department of Telecommunications and Postal Services (DTPS). DCDT's mission is to:

<callout type=“default”>create an enabling environment for the provision of inclusive communication services to all South Africans in a manner that promotes socio-economic development and investment through broadcasting, new media, print media and other new technologies, and to brand the country locally and internationally.</callout>

Licensing Framework

There are two main categories of service licence available under the ECA:

  • Electronic Communications Network Service (ECNS) licences: These licences authorise the holder to roll out and operate a physical network. This network can be made up of any technology you choose: radio equipment (for a wireless network), copper cabling, fibre optic cabling etc. ECNS licensees can also enter into commercial arrangements with other licensees to allow them to use the electronic communications network owned and operated by the ECNS licensee.
  • Electronic Communications Service (ECS) licences: These licences allow you to provide services to customers over your own or somebody else’s network. This will typically be the licence held by an ISP which does not operate its own network or network facilities.

Table: Licensing under the Electronic Communications Act 36 of 2005

Electronic communication services Individual Class License Exempt
Electronic communications network services (ECNS) An iECNS license allows the holder to deploy and operate a physical network at a provincial or national level Class ECNS license allows the holder to deploy and operate a physical network a district or local municipality Option 1 - Non for profit - maybe because the actual line needs to be longer
Option 2 - Reseller
Option 3 - Ancillary Services
Electronic communications services (ECS) This licence allows the holder to provide services to customers over the network of an ECNS licensee, including voice or VoIP services which use numbers taken from the National Numbering Plan, nationwide or across a province. This licence allows the holder to provide the same services as the Individual ECS licence, except for voice services requiring numbers from the National Numbering Plan, in a district or local municipality.

https://www.icasa.org.za/pages/services-licencing

https://www.itweb.co.za/content/3mYZRXv913xvOgA8

Individual ECNS and ECS licences are issued for an initial term of 20 years. Class ECNS and ECS licences are issued for an initial term of 10 years. All of these licence types can be renewed prior to the expiration date, upon application to ICASA and payment of a renewal fee to ICASA.

What kinds of operator licenses are there? Unified? Technology agnostic? Are there licenses for small operators? Do ISPs have specfic licenses? What kinds of organisations qualify for license exemption?

License Fees

  • Operator fees
  • License exempt spectrum fees
  • Microwave fixed link fees
  • Fees for MNOs?

Wireless Spectrum

Point to the spectrum allocation framework.

License-Exempt

Point to rules for license-exempt spectrum use? Is registration required for WiFi? What is the process for homologation / type approval? —- struct table —- schema: ismbands filter: country = South Africa cols: frequency, exempt, EIRP, Tx-Power, Notes csv: 0


All license-exempt wireless equipment requires homologation or type approval in order to be used legally in South Africa. ICASA maintains a list of type-approved license-exempt radio equipment. The current linked document is up-to-date as of Q1 2019.

Rules for point to point links versus access networks?

Point-to-Point

Frequencies for microwave links outside of 2.4GHz and 5GHz 11GHz 24GHz 60GHz and others

IMT Spectrum

  • URL for spectrum assignments for mobile operators
  • List major operators and their spectrum assignments
  • Point to coverage maps

Dynamic

  • Information on TVWS or other dynamic spectrum pilots.
  • Pending rules for TVWS
Example
  • links to illustrative country example

Backhaul

  • links to backhaul service providers
  • Open Access policies
  • infrastructure sharing policy and regulation
Example

Gender

  • links to national gender and ICT policies and initiatives
  • gender at the regulator
  • * number of men in senior management at regulator regMen
  • * number of women in senior management at regulator regWomen
Example

Universal Service

South Africa has a Universal Service and Access Agency (USAASA) that manages a Universal Service and Access Fund (USAF). In 2016, USAASA published a Strategic Plan for 2017-2021. In May of 2018, USAASA published 2018-2019 Annual Performance Plan for presentation to the Portfolio Committee on Telecommunications and Postal Services, a government oversight body.

The USAF was established under the Electronic Communications Act (ECA) to fund projects and programmes that strive to achieve universal service and access to ICTs by all South African citizens.

The USAF may provide subsidies for:

  • Assistance of needy persons towards the cost of the provision to or the use by them of broadcasting and electronic communications services,
  • Financing the construction or extension of electronic communications networks in under-serviced areas,
  • The procurement of broadcasting and electronic communications network services and access to electronic communications networks for schools and further education and training institutions,
  • The establishment and operation of broadcasting services and the establishment and operation of, including training of and the payment of allowances to personnel of centres where access to electronic communications networks can be obtained.

Unless exempted, all license holders are required to make contributions to the USAF.

<callout type=“question” icon=“true”>Remaining question. Who is eligible to apply?</callout>

Cooperatives

  • Does cooperative legislation exist?
  • Are there tax relief / incentives available for cooperatives?
  • Are there any limitations on cooperatives providing telecom/internet?
Example
  • link to illustrative country example

Resources / References

  • Other relevant web resources, reports, analysis.
Example
  • link to illustrative country example