If it’s not broken, don’t fix it — MultiChoice

MultiChoice’s stance on the proposed new licensing framework for satellite service is “leave us out of it”, as it doesn’t believe existing fixed satellite services (FSS) or broadcast satellite services (BSS) should be included.

Presenting its stance during the Independent Communications Authority of South Africa’s (Icasa’s) public consultations on the licencing framework, MultiChoice said the proposed framework is unduly broad.

“As we are aware, satellite services definitely aren’t new in South Africa, which we are already licenced under,” said Bevan Bates, a senior engineer at MultiChoice.

“In particular, if you look at DTH services, we have used spectrum in the FSS and BSS bands for decades.”

He explained that it remains unclear why Icasa has sought to include FSS and BSS in the consultations when the enquiry’s focus appears to be on non-geostationary satellite for broadband purposes.

“These issues don’t relate to FSS or BSS services. It’s unclear as to how this new licensing framework would affect satellites that are already in orbit and are in use,” said Bates.

“So, I’ll end off by saying: what we propose is that you leave us out of this.”

MultiChoice proposes expressly excluding FSS and BSS services from the scope of the new framework and that any new framework must not apply to satellites that have already been launched.

It also believes the proposed framework is inconsistent with international best practice and disregards existing International Telecommunication Union (ITU) coordination processes.

“We propose that the Authority reconsider the proposed framework and the licensing of satellite services with a view to using the existing licensing and regulatory framework,” it said in its November 2024 submission to Icasa.

“To the extent that the Authority is unable to achieve its objectives using the licensing and regulatory framework, we propose that it clearly articulate the deficiencies in the existing framework.”

It gave the example of Icasa identifying a specific gap in the licensing of broadband services via non-geostationary satellite systems, in which case it says Icasa should publish specific proposals to address those deficiencies.

“The existing regulatory framework is working well, and any challenges in respect of the provision of broadband services via non-geostationary satellites are unlikely to arise in respect of BSS and FSS,” it said.

Icasa published its consultation paper on the new proposed licensing framework for satellite services in August 2024.

It said the enquiry also aims to address the procedures implemented for their provisioning and will consider the need to review spectrum fees.

The regulator’s discussion document specifically addresses foreign satellite services like Starlink’s SpaceX.

People using Starlink in South Africa are currently doing so illegally. However, based on reports from unofficial importers, thousands of Starlink users are in the country.

Starlink has not launched in South Africa due to national network infrastructure and spectrum licences requiring companies to be at least 30% owned by historically disadvantaged groups.

Further complicating matters, Icasa introduced new regulations that would change this requirement to 30% black-owned in March 2021.

However, when it published these new regulations it suspended the operation of the new ownership requirements until an undisclosed future date.

In response to Icasa’s latest consultation paper, Starlink has suggested that Icasa implement equity equivalent programmes similar to what exists in other industries governed by BEE ownership rules.

Icasa’s consultation paper proposes new regulations for satellite services, requiring providers to register the capacity they wish to offer in South Africa.

Foreign operators must provide a contact person and commit to keeping their data up to date. They must also provide technical data such as orbiting parameters, frequency bands, and the geographical areas they want to cover.

Foreign satellite providers will also have to manage their interference to protect South Africa’s radio astronomy geographic advantage area, where the Square Kilometre Array project is located.

They must also comply with South Africa’s legal intercept law — RICA.

A list of registered foreign satellite capacity providers will be published on Icasa’s website.