Pretoria – Following the Independent Communications Authority of South Africa’s (ICASA/the Authority) consideration of applications, and the release of the radio frequency spectrum to licensees in terms of the Information and Communications Technology (ICT) COVID-19 National Disaster Regulations (COVID-19 Regulations), the Authority received letters from Telkom objecting to the assignment of radio frequency spectrum within the range 2360 – 2400 MHz of the Fixed Services (Frequency Division Duplex or FDD) portion of the 2300MHz band.

It must be noted that in terms of Regulation 6(2) of the COVID-19 Regulations, the Authority is empowered to temporarily assign radio frequency spectrum during the national disaster period. Furthermore, in assigning the temporary radio frequency spectrum for the national disaster period, the Authority may deviate from the Radio Frequency Assignment Plans (RFSAPs). The temporary assignments in the IMT2300 band were made within this context. The assignments in this band are governed by RFSAP for IMT2300 band (the IMT2300 RFSAP) which was published on 30 March 2015 in the Government Gazette No. 38640 (Notice 276 of 2015).

The Authority would like to put it on record that, the 40 MHz spectrum from 2360 - 2400 MHz is available to be licensed to mobile services (Time Division Duple or TDD). In terms of the IMT2300 RFSAP, the mobile services will co-exist with the fixed service.
Therefore, in the context of Telkom’s existing fixed links in the 2300 MHz band which are deployed in FDD, the temporary assignments of spectrum in terms of the COVID-19 Regulations are granted on the basis that the temporary users of the mobile service portion should, where possible, coordinate with fixed services.

The Authority further confirms in terms of the IMT2300 RFSAP that the contemplated release of radio frequency spectrum in the IMT2300 band on a permanent basis, post the duration of the temporary licences assigned during the COVID-19 national disaster period, is to be subject to fulfilment of the provisions of regulation 8.1 of the IMT2300 RFSAP. This regulation (8.1.) provides that the scope for new assignments in the IMT2300 band will be identified in a feasibility study to be carried out.

Based on the above, the Authority is of the view that the argument raised is premature and misdirected in the context of the temporary assignment of spectrum for purposes of the COVID-19 Regulations.

“It is important to note that ICASA is the custodian of spectrum resources (including the licensing thereof) on behalf of the people of South Africa. It therefore follows that in instances of dispute, ICASA’s position must be premised on consistent and fair application of the law and regulations. We do not agree with Telkom's view as regards the inherent conditions of their existing 2.3GHz band spectrum assignment. This calls for a cordial engagement, without spurious allegations of 'expropriation' as seen in the media”, concludes ICASA Acting Chairperson, Dr Keabetswe Modimoeng.
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