Hurry up and wait
On 14 December 2011 the Independent Communications Authority of South Africa (ICASA) unveiled their 800MHz and 2.6GHz spectrum assignment plans.
ICASA’s progress regarding the assigning of LTE spectrum was widely welcomed by industry players, but these assignment plans may be heading into treacherous waters.
Apart from the plan itself, which can be seen as controversial for the intention to bundle 800MHz and 2.6GHz spectrum blocks and promote a wholesale LTE network for South Africa, there is another big issue with this process: it started before the minister had finalised her policy directions on high demand spectrum and digital dividend.
ICASA’s process should be based on the minister’s policy directives, but the draft version of the policy directive was only issued last week (14 December).
This means that ICASA is essentially basing their scarce spectrum assignment plans on a document which can change significantly from the current draft policy directions, rendering most of the progress they made to date useless.
ICASA clarifies its position
The Independent Communications Authority of South Africa (ICASA) today (22 December 2011) said in a press statement that they don’t want to circumvent any acts, and that they merely want to speed up the process to assign scarce spectrum.
ICASA noted the contents of the Draft Policy Directions issued by the minister on 14 December 2011, the purpose of which is to indicate her intention to issue Policy Directions to the Authority on the Exploitation of the Digital Dividend Spectrum and Radio Frequency Spectrum for Electronic Communications Services.
“We would like to point out that the main reason the public consultation process on the licensing of high demand spectrum is being run parallel with the minister’s policy directions is to deal with the excessive delays that have dogged this licensing process over the past five years,” ICASA said.
“We have no intention to circumvent the provision of the Promotion of Administrative Justice Act and the Electronic Communications Act in that regard.”
ICASA said that they recognise that the ministerial public consultation is underway, adding that they will not finalize the process on the draft spectrum assignment plan and invitation to apply (ITA) before the minister has finalized the Policy Directions on High Demand Spectrum and Digital Dividend.
“Should the final policy directions introduce material changes to the draft policy directions we will consider the implications for the finalization of the spectrum assignment plan and ITA and provide stakeholders with an opportunity to make written submissions to that effect,” said ICASA.
To encourage full participation in this process ICASA has extended the schedule for written submissions from 31 January 2012 to 29 February 2012.
“A notice will be published in the Government Gazette in that regard,” ICASA concluded.
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