ICASA Gazettes Regulations on Dynamic and Opportunistic Spectrum Access

Posted 25 May 2026 Written by Acts Online
Category Communications & Digital Technologies

Brought to you by SA Legal Academy: The Independent Communications Authority of South Africa (ICASA) has gazetted new regulations governing dynamic spectrum access and opportunistic spectrum management in specific innovation frequency bands.

In terms of the Electronic Communications Act, No. 36 of 2005, ICASA has published regulations on dynamic spectrum access and opportunistic spectrum management. The regulations target the innovation spectrum frequency ranges of 3800–4200 MHz and 5925–6425 MHz. These regulations, which were released in draft form in March 2025 for public comment, are not yet in force.

Once operationalised, the regulatory framework is expected to modernise spectrum management by transitioning from static licensing to more flexible, opportunistic sharing models. The regulations are designed to achieve several key regulatory objectives:

  • Optimise Spectrum Efficiency: Allowing secondary users to access underutilised spectrum bands dynamically without causing harmful interference to primary licensees.
  • Promote Innovation: Facilitating testing and deployment of new wireless technologies within the designated 3800–4200 MHz and 5925–6425 MHz bands.
  • Lower Barriers to Entry: Enabling broader participation from non-dominant market players, including small, micro, and medium enterprises (SMMEs) and community network operators.

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

  • For yourself: No direct individual compliance obligations; however, professional advisors in the telecommunications sector must familiarise themselves with the technical parameters of dynamic spectrum allocation to advise on future licensing models.
  • For your business: Telecommunications firms and technology consultancies should assess how these sharing models impact existing spectrum holdings and evaluate potential new service offerings in the 3800–4200 MHz and 5925–6425 MHz bands once the regulations are operationalised.
  • For your clients: SMMEs, community network operators, and private network developers can prepare business cases to leverage lower-cost, opportunistic spectrum access for localized broadband and private LTE/5G deployments.

Originally published at https://legalacademy.co.za/news/read/spectrum-access-management-innovation-new-regulations-gazetted

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