Supreme Court Act, 1959
R 385
Electronic Communications Act, 2005 (Act No. 36 of 2005)ICASALicensing process for Individual Electronic Communications Network Service Licence and Radio Frequency Spectrum Licence for the Wireless Open Access Network (WOAN), December 20202. Objectives |
2.1. | The objectives section of the IM discussed the aim of licensing the IMT700, IMT800, IMT2300, IMT 2600 and IMT3500 and what it sought to achieve, namely: |
2.1.1. | promotion of empowerment; |
2.1.2. | increasing universal service; |
2.1.3. | attracting investment in the WOAN sector; and |
2.1.4. | encouraging infrastructure sharing, promoting competition, reducing costs. |
2.2. | The objectives of the IM were noted and supported in most submissions, but some submissions indicated that they do not agree that the IM in its current form addresses its key objectives. |
2.3. | Some views advocated for promotion of competition and others cautioned that the objectives as set in the IM may work against each other. There was a view that indicated that promoting competition must be prioritised and that the IM has failed to indicate how competition is to be promoted. |
2.4. | The Authority has considered the aspects raised in the public representations when drafting the composite ITA for the licensing of Individual Electronic Communications Network Service (I-ECNS) and Radio Frequency Spectrum (RFS) Licences for the Wireless Open Access Network (WOAN) ITA and was of the view that the introduction and licencing of the WOAN will be instrumental in addressing and promoting competition. In the Authority’s view, the WOAN was an important policy instrument to lower barriers to entry for smaller players, improve the ownership of the ICT sector by historically disadvantaged individuals and to promote service-based competition. The Authority has as a result considered licencing spectrum to the WOAN in a manner that enables it to fulfil its policy mandate and to thrive. |