The Association of Communications & Technology (ACT), which represents major network operators like MTN, Vodacom, Telkom, and Rain, said they are raising concerns about ICASA’s proposed satellite services licensing framework.
Image: Timothy Bernard/Independent Newspapers
The Association of Communications & Technology (ACT) - representing leading network operators including MTN, Vodacom, Telkom, and Rain - has publicly expressed its deep concerns regarding the Independent Communications Authority of South Africa's (Icasa) recently proposed satellite services licensing framework.
After three days of hearings, Icasa aims to establish what it describes as an “informed and inclusive approach to the framework for satellite service for satellite services in South Africa”.
However, ACT CEO Nomvuyiso Batyi on Tuesday said all licensees in the sector, not just new satellite entrants, deserved a more considered regime.
“It also believes that any attempt by Icasa to develop a satellite licensing framework with the hope of achieving universal broadband connectivity will be doomed to failure unless it first repairs the broken framework for universal service and access to communications,” she said.
Batyi said they were also concerned that Icasa’s proposed satellite services licensing framework was being developed within the constraints of an outdated legislative environment—specifically, Chapter 3 of the Electronic Communications Act (ECA).
She said if Icasa intended to modernise the licensing regime, it should consider a holistic review of the entire licensing framework rather than a piecemeal approach that singles out satellite services.
“This chapter defines licensing categories in sections 5 and 6, which have historically been used to license satellite networks and services,” Batyi said.
“Revisiting the framework comprehensively would ensure coherence, consistency, and fairness across all service categories, ultimately aligning the regulatory environment with technological advancements and global best practice.”
Batyi added that a lack of harmonised rules could allow satellite operators to bypass critical responsibilities such as compliance with service quality standards and consumer protection regulations.
She said that without harmonised rules that ensure a level playing field, network operators, terrestrial and satellite networks cannot complement each other effectively.
“This risks undermining South Africa’s broader goal of achieving universal broadband access. The sector requires substantial infrastructure investment to meet the needs of next-generation networks. Regulatory ambiguity or perceived imbalance may deter such investment, particularly for long-term, capital-intensive projects that are essential for expanding and modernising connectivity,” she said.
Batyi also called for robust evolution of the legislative framework.
“The ECA was enacted nearly 20 years ago and is increasingly misaligned with the realities of today’s fast-changing digital and technology-driven environment. ACT supports a modernised, fit-for-purpose legislative framework that is agile, inclusive, and resilient,” she said.
“It should be adaptive to new technologies, outcomes-based in its approach, and developed through collaborative stakeholder engagement. Importantly, it should remain technology neutral to encourage innovation, investment, and fair competition across the entire ecosystem,” said Batyi.
Batyi said that regulatory fairness was fundamental to ensuring a competitive and sustainable communications sector.
“Whether providers operate terrestrially or via satellite, they should be subject to equivalent regulatory obligations such as quality of service standards, consumer protection requirements, and the payment of licence fees.”
Byron Kennedy, Vodacom spokesperson, welcomed the authority’s consultation in this regard, noting that satellite services had the potential to supplement mobile terrestrial services subject to appropriate regulatory terms and conditions.
“Notwithstanding, we remain concerned that several of Icasa’s proposals appear to not be adequately substantiated, and in some cases, appear to suggest a proposed approach that is not supported in law,” Kennedy said.
“We therefore encourage Icasa to revisit its proposed satellite licensing framework to incorporate corrective measures in line with our recommendations.”
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