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Electronic Communications Act, 2005 (Act No. 36 of 2005)

ICASA

Licensing process for Individual Electronic Communications Network Service Licence and Radio Frequency Spectrum Licence for the Wireless Open Access Network (WOAN), December 2020

1. Background

 

1.1. On 1 November 2019 the Independent Communications Authority of South Africa (“the Authority”) published an Information Memorandum (“IM”). The purpose of the IM was to outline the Authority’s intention with regards to the licensing process for International Mobile Telecommunications (“IMT”) spectrum pursuant to considerations of the Policy on High Demand Spectrum and Policy Direction on the Licensing of a Wireless Open Access Network dated 26 July 2019 (“Minister’s Directive”).

 

1.2. The IM was aimed at providing guidance to prospective applicants on, amongst other things, the process and criteria to be applied on the licensing process in terms of regulations 6 and 7 of the Radio Frequency Spectrum Regulations 2015, read with section 31(3), and 33 of the Electronic Communications Act, 2005 (Act No, 36 of 2005).

 

1.3. The IM also provided the Authority’s licence considerations and obligations related to the WOAN and solicited written representations from interested parties. The Authority received more than 52 public representations within the deadline of 31 January 2020. An additional 4 public representations received after the deadline were not considered.

 

1.4. Below is a summary of the Authority’s position on the representations received from the public which provides for how the Authority incorporated the public representations in drafting the Invitation-to-Apply (“ITA”) for the I-ECNS and Radio Frequency Spectrum Licensing of a Wireless Open Access Network.

 

1.5. The summary herein focuses on the common submissions received from the public which relate exclusively to the WOAN as well as the drafting of the WOAN ITA. This document does not summarize all submissions received from interested parties but focuses on submissions that had an impact in the drafting of the WOAN ITA.