ICASA Invites Comment on Draft Rapid Deployment Regulations

Posted 10 April 2026 Written by Acts Online
Category Communications & Digital Technologies

Brought to you by SA Legal Academy: In terms of the Electronic Communications Act, No. 36 of 2005, draft regulations have been published to facilitate the rapid deployment of electronic communications networks and facilities.

The Independent Communications Authority of South Africa (ICASA) has invited public comment on the draft Rapid Deployment of Electronic Communications Networks and Facilities Regulations. These regulations seek to establish a uniform framework for the deployment of network facilities, addressing long-standing delays in infrastructure investment and standardising the interaction between licensees and landowners.

Stakeholders should note a discrepancy regarding the submission deadline. The Government Gazette notice published on 10 April 2026 established a 30-working-day commentary period, which would effectively end on 1 June 2026. However, an ICASA media statement released on 20 April 2026 specifies a closing date of 25 May 2026. Clarification on the definitive deadline is required for compliance.

The draft regulations address several critical areas for the telecommunications sector, including:

  • Procedures for Electronic Communications Network Service (ECNS) licensees to access public and private land;
  • The standardisation of administrative fees and rental charges for the use of property;
  • Timeframes for the approval of wayleaves and other municipal permits; and
  • Mechanisms for resolving disputes between licensees and landowners or government entities.

The proposed framework follows a ministerial policy direction issued in March 2026, which mandated ICASA to develop secondary legislation for rapid deployment. This is distinct from a previous 2023 policy direction on the same subject which was not implemented at the time. The deadline for public comment on the March 2026 ministerial direction was recently extended to 25 April 2026.

Click here to view the ICASA media statement and draft regulations.

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

  • For yourself: Ensure you track the conflicting deadlines of 25 May 2026 and 1 June 2026 to avoid missing the window for regulatory submissions if you intend to participate in the public comment process.
  • For your business: Licensed network providers must evaluate the proposed fee structures and access protocols to determine their impact on infrastructure rollout costs and project timelines.
  • For your clients: Property owners and municipal authorities should review the draft to understand the limitations on their ability to refuse access to ECNS licensees and the capped compensation models proposed for the use of their land.

Originally published at https://legalacademy.co.za/news/read/electronic-communications-network-facilities-input-sought-on-draft-rapid-deployment-regulations

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