ICASA to Conduct Inquiry into Individual Network Service Licensing

Posted 22 August 2025 Written by Acts Online
Category Communications & Digital Technologies

Brought to you by SA Legal Academy: The Department of Communications & Digital Technologies has issued a ministerial directive for an inquiry into the licensing of individual electronic communications network service providers.

In terms of the Electronic Communications Act, No. 36 of 2005, the Minister of Communications & Digital Technologies has gazetted a directive requiring the Independent Communications Authority of South Africa (ICASA) to investigate the merits of licensing individual electronic communications network service (I-ECNS) providers. The inquiry is framed within the context of competition and universal access imperatives underpinning the Act.

The ministerial directive requires ICASA to commence the inquiry within three months. The primary objective is to provide findings that will guide the Minister in deciding whether to issue a directive under sub-section 5(6) of the Electronic Communications Act, No. 36 of 2005, which would enable ICASA to invite applications for new I-ECNS licences.

The inquiry is expected to determine the following:

  • The merits or otherwise of licensing additional individual electronic communications network service providers;
  • The implications for market competition; and
  • The impact on universal access imperatives.

This regulatory move follows a notice gazetted in May 2025 regarding proposals for licensing network service providers. The findings of the upcoming ICASA inquiry will serve as the formal basis for any future invitations to apply for these specific individual licences.

What this means for you, your business, or your clients

  • For yourself: No direct individual obligations; impact is channelled through firm-level regulatory monitoring and professional advisory roles within the telecommunications sector.
  • For your business: Firms operating in the electronic communications sector should prepare for a potential shift in the licensing landscape and monitor ICASA’s commencement of the inquiry to assess future market entry or expansion opportunities.
  • For your clients: Clients in the telecommunications and infrastructure sectors should be advised to participate in the ICASA inquiry process to ensure their interests regarding competition and network access are represented before new licences are issued.

Originally published at https://legalacademy.co.za/news/read/electronic-communications-icasa-to-conduct-inquiry-into-individual-network-service-licensing-market-implications

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