Inquiry into licensing framework for satellite services opens
The Independent Communications Authority of South Africa (Icasa) has launched an inquiry into the licensing framework for satellite services in South Africa.
Interested stakeholders have until November 12 to comment on the proposed new licensing framework for satellite services as outlined in the ‘Consultation on the proposed new licensing framework for satellite services’ gazetted by Icasa on August 14.
According to Icasa, the objectives of the new inquiry include the development of a transparent and streamlined regulatory framework with clear rules to establish regulatory certainty for potential satellite operators in South Africa.
The inquiry aims to determine a regulatory and licensing framework for satellite services and the procedures that Icasa may implement for the provision of satellite services in the country, as well as to consider the need to review spectrum fees, taking into account the increasing amount of bandwidth used by satellite systems operating in higher frequency bands.
The probe also aims to determine the procedures for authorising user terminals, Internet of Things terminals, earth station user terminals communicating with space stations while in motion and ground earth stations in the South African territory, as well as determine the procedures for the registration of international satellite operators that intend providing a service either directly or indirectly, through existing licensed operators, to South African consumers.
According to the inquiry document, technological advances have enabled satellites to provide broadband connectivity to large areas at minimal extra marginal cost.
Satellites are also highly effective at providing connectivity services to remote and rural areas and are resilient when terrestrial services have been impacted following, for example, natural disasters, such as earthquakes or tsunamis.
Satellite systems can also provide continuous and consistent services where terrestrial services cannot be provided, including earth stations affixed to ships and aircraft, known as earth stations in motion, or ESIMs.
The licensing of satellite networks, a matter under the jurisdiction of individual countries, ensures that satellite operators and service providers follow the rules and conditions contained within the radio regulations and the outcomes of applicable bilateral discussions, including coordination.
According to Provision 18.1 of the Radio Regulations, “no transmitting station may be established or operated by a private person or by any enterprise without a licence issued in an appropriate form and in conformity with the provisions of these regulations by or on behalf of the government of the country to which the station in question is subject”.
Each country is permitted to enact its own domestic rules and regulations, in line with the radio regulations.
In South African, electronic communications services, which satellite communications services are considered to fall under, are guided by the Electronic Communications Act (ECA).
In terms of Section 31 (1) of the ECA, “no person may transmit any signal by radio or use radio apparatus to receive any signal by radio, except under and in accordance with a radio frequency spectrum licence granted by the authority to such person in terms of the ECA”.
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