Internet Service Providers' Association

Advisory 16: Short advisory on the current status of ICASAs review of frequency spectrum licence applications

Release date: 09 February 2007
New procedures and criteria for the awarding of radio frequency spectrum licences are expected to be released during 2007

ICASA issued a Press Release on 13 October 2006 giving notice of the fact that, in terms of the Electronic Communications Act 36 of 2005 (ECA), it intended to prescribe procedures and criteria for awarding radio frequency spectrum licences for spectrum available to accommodate demand in terms of section 31(3)¹ of the ECA. ICASA envisages that the culmination of this process will be the publication of the procedures and criteria which will be applied where ICASA is considering the awarding of radio spectrum frequency licences

• for competing applications, or
• where there is insufficient spectrum available to accommodate the demand therefore.

In the Press Release ICASA states that it wishes to place on record that in the past it has dealt with spectrum licence applications on an ad hoc basis and it is the intention of the Authority to depart from such a practice and embark upon a more coherent and consistent framework which would allow interested parties to compete fairly and equally for the available spectrum.

Given the chaos and vested interests at play in the allocation of spectrum frequency licences the intent behind the review will no doubt be welcome to many ISPA members. The adoption of a use it or lose it policy would, for example, be a major step towards freeing up spectrum, especially that held by Telkom and Sentech.

The Press Release was followed by General Notice 1530 of 2006 (2 November 2006): Invitation for comment in terms of section 31(3) of the Electronic Communications Act No 36 of 2005 regarding the Procedures and Criteria for awarding Radio Frequency Spectrum Licences for competing applications or instances where there is insufficient spectrum available to accommodate demand². This notice focuses in particular on allocation within the popular 2.6 and 3.5 GHz bands and includes an interesting discussion document giving insight into ICASAs thinking.

Industry submissions received by ICASA in response to this notice, including the ISPA submission³, can be accessed from http://www.icasa.org.za/Documents.aspx?Page=86.

In response to an enquiry from ISPA as regards ICASA's progress in its review of the manner in which radio frequency spectrum is to be awarded, ICASA indicated that they are currently analyzing the written submissions from industry stakeholders which have been posted on the ICASA website.

    We are going to have oral hearings, probably in March 2007.

ISPA will be making an oral submission on behalf of its members at this time.

ISPA will continue to monitor the situation and keep its members updated.

The following ICASA Notices are also current and relevant:

• General Notice 221 of 2006 (8 March 2006): Notice in terms of section 27 of the Telecommunications Act 103 of 1996 inviting representations with regard to the use of the Band 5 725 5 875 MHz for broadband fixed wireless access⁴. Industry submissions received by ICASA can be accessed from http://www.icasa.org.za/Documents.aspx?Page=86. Queries as to the expected time frame for the finalisation of this process have yet to be answered by ICASA.

Further links:

• South African Table of Frequency Allocations (SATFA) http://www.info.gov.za/gazette/notices/2004/26584.pdf (141 page pdf file) covering allocations and intended allocations for the range 20MHz to 70GHz
• List of current frequency spectrum licence holders as published by ICASA - see links from http://www.icasa.org.za/Documents.aspx?Page=134 to the ECA Section 93 notices published by ICASA last year (look for Engineering and Technology Parts 1 - 5).
• http://www.itweb.co.za/sections/columnists/gettingreal/ashford061110.asp for a fittingly cynical take on ICASAs review

Footnotes

1. Section 31(3) reads as follows: (3) The Authority may taking into account the objects of the Act, prescribe procedures and criteria for awarding radio frequency spectrum licences for competing applications or instances where there is insufficient spectrum to accommodate demand.
2. http://www.info.gov.za/gazette/notices/2006/29351.pdf
3. also available from http://www.ispa.org.za/regcom/submissions/ispa-sub-frequency-spectrum-allocation.pdf
4. see link from http://www.icasa.org.za/Documents.aspx?Page=67