Wireless ISPs under fire
According to iBurst the Independent Communications Authority of SA (ICASA ) is cracking down on those wireless ISPs who do not hold an Electronic Communications Service license and are using the public 2.4 GHz frequency band for commercial purposes.
iBurst spells doom and gloom, warning that “many of us may face information black-outs because some wireless Internet Service Providers (ISPs) are providing illegal Internet access to consumers”.
No such licenses have however been issued yet, and under current legislation the Telecommunications Act still applies until ICASA has converted current Telco/VANS/PTN licenses to their new form under the ECA. This leaves the issue of self-provisioning in a state of flux.
ICASA has issued a warning, saying that “The Authority wishes to point out that this technology [WiFi] can only be used without the required telecommunications licenses if specific conditions are adhered to, beyond which it will amount to a number of contraventions of the Telecommunications Act, some of which are criminal offences.”
ICASA further said that they are anxious to ensure that the rule of law is respected and that the rights of licensees are protected.
Some Wireless ISPs and VANS may be in trouble when it comes to using WiFi to supply services to end users without any valid licenses, but there are cases where this is in fact most likely completely legal.
One such example is when the organization or company is in possession of a PTN license, as is the case with the Knysna WiFi Project or the Tshwane open access WiFi network.
Antony McKechnie, iBurst’s Head of Product Development, warns that many consumers who didn’t carefully “choose wireless ISPs with solid regulatory track records now face disconnection as ICASA cracks down on illegal operators.”
Internationally the free use of WiFi has resulted in many innovative developments to bring affordable telecoms services to consumers. One such development is Metropolitan WiFi Mesh Networks, like the one developed by Neology in Tshwane.
The over-regulated local telecoms environment is however stifling such developments, effectively prohibiting the use of this freely available resource to bring down costs.
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