ICASA and Government Crap!

We were in the process of setting up a huge wireless network, with the focus on leased line facilities, VOIP and on a smaller scale internet services.

However, on phoning ICASA to enquire about our licensing and timelines, to make a long story short, I was told that because of the new ECA act, that I can no longer apply for a VANS or PTN license. Well, no problem with that. So I asked what the procedure is to apply for the new licenses according to the new act.

Now here is where it gets funny. You can’t! ICASA has made no definitions yet on the service class licenses and it might take up to a year (if they stick to their promises, which they never do). So I asked if I can then a temporary license until such time. No can do either!

OK, so I can’t apply for licensing, as we and they don’t know in which class we going to fall in, and in addition they need to define their service classes.

So I asked very naïvely what we should do in that case. Guess what? Nothing. You can’t operate without a license and neither can you apply for one. For up to a year! In that time, the whole telecoms arena comes to a standstill because of ICASA!

Nobody can get spectrum allocation as well, especially in the 3.4-3.6GHz range which can be used for WIMAX. We were seriously looking at implementing WIMAX, but we can’t get spectrum. The before mentioned range is “reserved” for Sentech, Telkom and Neotel. Now keep in mind that government owns 100% of Sentech, and majority shares in the other two. Who are ICASA protecting? A certain person said at a cabinet meeting that the private is not doing enough to boost telecommunication in SA, and therefore government must intervene. Crap! We are willing to do a LOT, and speaking for ourselves, we have quite a few investors behind us with some serious money (R500m initially and with more for expansion). However, that money will no longer be invested in SA, as our government is making a mint out of their monopolies. Well, I guess we can get spectrum, as long as we oil the wheels for some and pay a ridicules amount of money to ICASA, as there is no set amount for point-to-multipoint frequency.

I do hope that one day this country’s government will stop lying and really do something about the state of telecoms in SA. You know you have been lied to when Pres. Mbeki said broadband is expensive and now two years down the line, we are nowhere, with Alec Owen saying their company Infraco (Yes, that’s right, another 100% government owned) will be able to something about it in 5 years. So, what do they know that we don’t? Thought it was imminent!

Imminently Yours,

The_Grog

you are far from being alone in your frustration - the matter with regard to licencing has been taken up with ICASA by a number of people and recently by the Internet Service Provider's Association. I have spoken to senior people in ICASA and it seems unlikely that the position will change, although i am pushing very hard. There will be a press release on this in the next few days....

ICASA stated that they would be releasing draft regulations setting out the new licence categories, terms and conditions for each category and application procedures last friday........they seem to be quite bullish that this will be a relatively quick process. But i guess these draft regs can now be regarded as officially imminent and personally i would be surprised if we see any finalisation of the new licences in the next 18 months (implying that no new licences will be granted during this time and industry growth will pretty much stand still)

spectrum is a complete and utter fsckup - ICASA recently released a notice stating that they (once again) are going to be reviewing spectrum allocation processes and trying to convert to a "use it or lose it" model. with reference to the recent section 93 notice (see ECA link bottom of ICASA home page) i was amazed at just how many frequency spectrum licences there are out there....

ICASA screwup

I am glad to hear I am not alone in this matter and in my frustration. It is scary to think that you cam implement an act without any definitions and then determine them later, while in the meantime, everyone else come to a standstill. If this matter is going to continue for 18 months, I have no idea what to do then in that case.

Should a person start up a business and when they knock on your door, ask for the application forms and make them scratch their heads? My attorneys had a good laugh at that one and are in the process to see what recourse we have, although I am not all that hopeful. Who knows, maybe there is a way!

Regarding spectrum, we will, even with use or lose it policy, never get spectrum as ICASA will not allow anybody to interfere with the government’s cash cows.

From what I understand is we do indeed have a regulatory gap. I have tried to contact ICASA several times regarding similar matters to no avail.

The old laws have been recinded, and ICASA has not written up the new regulations. Dont expect them for the next 2 years either.

We also have advisories to Mbeki`s telcoms board telling us that redistributing your internet connection is okay.

So whats a person to do? (not that person)

I emailed ICASA telling them what I planned to do, and when they get their act together or if their is some type of legistation to point me in the right direction, that they should contact me, until then I am going ahead.

They never replied.

Update

We have instructed our lawyers to have a look and see.. if required we will take the matter to court.

So, what was the outcome? What options does one have to start a WISP? I'm not in competition with anyone, as the place we need to have internet has some public roads / boundries, and we realise we need either a VAN / PTN for this.

But, how do we get one?