The bill’s publication follows the department’s previous public consultation processes, which gathered feedback on draft proposed amendments in 2022 and 2023.<\/p>\n\n\n\n
The bill included the following key mechanisms with the stated goal of fostering a more inclusive telecoms sector and making communication services more affordable:<\/p>\n\n\n\n
- \n
- Mandatory sharing of hoarded radio frequency spectrum with secondary licensees, giving preference to small networks. <\/li>\n\n\n\n
- Mandatory spectrum sharing and mobile virtual network operator (MVNO) support from large network providers.<\/li>\n\n\n\n
- Standardised municipal by-laws, including uniform wayleave processes, cost-based fees, and standardised terms for electronic communications facilities deployments. <\/li>\n\n\n\n
- Mandatory leasing of essential facilities, including submarine cable landing stations, ducts, and high sites. <\/li>\n\n\n\n
- Enhanced market competition oversight and collaboration. <\/li>\n<\/ul>\n\n\n\n
The bill proposed introducing a “use it or share it” principle for radio frequency spectrum to prevent the hoarding of the valuable resource, which is the lifeblood of wireless communications.<\/p>\n\n\n\n
Its application will be the responsibility of the sector regulator \u2014 the Independent Communications Authority of South Africa (Icasa).<\/p>\n\n\n\n
It will give Icasa the ability to reassign or share licensed radio spectrum that has remained idle for more than 2 years.<\/p>\n\n\n\n
If the assigned spectrum is not used in any area for 2 years, Icasa can require it to be shared with a secondary licensee.<\/p>\n\n\n\n
The regulator must prioritise community networks and small, medium, and micro enterprises when awarding the secondary licence. <\/p>\n\n\n\n
The bill defines community networks as those that operate on a not-for-profit basis and exempts these entities from obtaining a licence, thereby lowering the barrier to entry for community-driven connectivity initiatives.<\/p>\n\n\n\n
Secondly, the amendments will obligate large network operators to provide national roaming and mobile virtual network operator (MVNO) services.<\/p>\n\n\n\n
The bill defines large network providers as those that cover at least 90% of the population with cellular connectivity. That currently includes Vodacom, MTN, and Telkom. <\/p>\n\n\n\n
Simplifying municipal approvals and mandating essential facilities leasing <\/h2>\n\n\n\n
![\"\"](\"https:\/\/mybroadband.co.za\/news\/wp-content\/uploads\/2026\/01\/20210706_161949-edited-scaled-e1776696004733-1200x675.jpg\")
<\/figure>\n\n\n\nThe legislation also required the Minister of Cooperative Governance to draft a standard by-law to support the rapid deployment of electronic communications networks across municipalities.<\/p>\n\n\n\n
The by-law must include a uniform wayleave process, cost-based fees, and standardised terms for telecoms licensees to share municipal property and infrastructure, such as high sites, poles, and ducts.<\/p>\n\n\n\n
Icasa will also be required to publish a list of essential facilities that will be subject to mandatory leasing within 12 months of the legislation coming into effect. <\/p>\n\n\n\n
These facilities include submarine cable landing stations, ducts, and high sites that are difficult for competitors to duplicate.<\/p>\n\n\n\n
The facilities must be leasable on non-discriminatory terms within 60 days of receiving a request from a licensee. <\/p>\n\n\n\n
In addition, Icasa must prescribe wholesale price rules or standards within 18 months to support fair, reasonable, and cost-oriented pricing for facilities, roaming, and MVNO services. <\/p>\n\n\n\n
The bill also aimed to strengthen competition oversight. Firstly, it will give Icasa greater power to conduct inquiries into market features that impede, distort, or restrict competition in the sector.<\/p>\n\n\n\n
In addition, it mandated that a concurrent jurisdiction agreement be put in place between Icasa and the Competition Commission.<\/p>\n\n\n\n
The agreement aimed to streamline how the two entities share confidential information, manage overlapping mandates, and enforce each other’s findings without conducting duplicate investigations.<\/p>\n\n\n\n
Finally, the legislation will give Icasa the power to prescribe international roaming regulations relevant to the SADC region. <\/p>\n\n\n\n
The Electronic Communications Amendment Bill of 2026 will first need to pass in the National Assembly and the National Council of Provinces.<\/p>\n\n\n\n
If it passes through these two processes, the bill will be sent to the President for assent, the final step before it becomes law. <\/p>\n","protected":false},"excerpt":{"rendered":"
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