Pretoria – The Independent Communications Authority of South Africa (ICASA/the Authority) wishes to advise stakeholders of the truncated timetable and roadmap for the expedited licensing of the International Mobile Telecommunications (“IMT”) spectrum, also known as high-demand spectrum, and the Wireless Open Access Network (“WOAN”) published today, 1 October 2021.
This roadmap follows the consent order granted by the North Gauteng High Court on Wednesday, 15 September 2021, which ended the litigation instituted against the Authority by Telkom and e.tv.
The Court granted an Order to review and set aside the Authority’s decision to publish the Invitations to Apply (“ITA”) for both the high demand spectrum and WOAN. The Court further directed that the matter be referred to the Authority for reconsideration. “In framing the truncated timetable and roadmap, the Authority was mindful of the need for the expedited licensing process to be completed with exigency whilst adhering to a comprehensive and transparent consultative process,” says ICASA Chairperson, Dr Keabetswe Modimoeng.
According to the Chairperson, the Authority is embarking on a process to consult stakeholders on key aspects pertaining to the expedited licensing process for high demand spectrum and the WOAN including, amongst others, implications of the release of high demand spectrum (and licensing of the WOAN) on competition in the market, the radio frequency bands to be licensed, in view of the yet to be completed digital migration process, and the nature and extent of obligations to be imposed, etc. Pursuant to the consultation process, the Authority may amend and/or re-issue the ITAs with a view to conducting an auction by the end of the current financial year.
Dr Modimoeng expressed his gratitude to the parties to the litigation for not opposing the Authority’s consent order, thus enabling the Authority to embark on this revised process with a view to finally get the spectrum licensed on a long-term basis and in line with best regulatory practice. “We are indeed grateful to everyone
who participated in bringing the matter to finality. All things being equal, we envisage to licence the IMT spectrum no later than end of March 2022,” says Modimoeng.
The Chairperson further says that ICASA remains resolute in ensuring that it discharges its constitutional mandate in a fair, open and transparent manner, and for the benefit of all South Africans. “We would like to urge all interested stakeholders to participate fully in this consultative engagement and to engage openly and robustly to ensure that no further impediments are placed in the way of the finalisation of this critical economic intervention,” states the Chairperson.
In conclusion, Dr Modimoeng makes an appeal to stakeholders to accept the published timetable / schedule for both licensing processes, to avoid unduly delaying the release of this much needed economic stimulus input.
To this end, the Authority has outlined the truncated timetable and milestones for the process as set out below.
Schedule for the expedited licensing of IMT spectrum
Key Activities | Envisaged Dates |
---|---|
Publication of the Information Memorandum (“IM”) for Consultation | 01 October 2021 |
Workshop on the IM | 15 October 2021 |
Closing date for receiving public representations to the IM | 01 November 2021 |
Publication of 2nd IM for consultation | 15 November 2021 |
Closing date for Comments | 29 November 2021 |
Publication of the ITA | 10 December 2021 |
Closing date for receiving new and revised applications to the ITA | 31 January 2022 |
Announcement of qualified bidders | 21 February 2022 |
Start of the Auction process | 01 March 2022 |
Schedule for expedited licensing of the WOAN
Key Activities | Envisaged Dates |
---|---|
Commencement of process to reconsider the composite ITA for an individual electronic communications network services (I-ECNS) and Radio Frequency Spectrum Licence for the purpose of operating a Wireless Open Access Network (WOAN) | 01 October 2021 |
Publication of a consultation document in respect of the draft amended composite ITA for I-ECNS and Radio Frequency Spectrum Licences for the purpose of operating a WOAN | 19 November 2021 |
Closing date for receiving written representations on the consultation document in respect of the composite ITA for I-ECNS and Radio Frequency Spectrum Licences for the purpose of operating a WOAN. | 10 January 2022 |
Publication of amended composite ITA for I-ECNS and Radio Frequency Spectrum Licences for the purpose of operating a WOAN. | 15 November 2021 |
Public Workshops on the amended composite ITA for I-ECNS and Radio Frequency Spectrum Licences for the purpose of operating a WOAN | 15 March 2022 |
Closing date for receipt of applications in response to the composite ITA for I-ECNS and Radio Frequency Spectrum Licences for the purpose of operating a WOAN. | 13 May 2022 |
The Authority shall not grant extensions on the above-mentioned key activities and timelines.
Ends…
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E-mail : pmaleka@icasa.org.za