Icasa set to align satellite regulations to match changing market

The SKA-MPI dish prototype in South Africa. The prototype dish is the first to be assembled on site, funded by Germany's Max Planck Institute for Radio Astronomy. Picture: SUPPLIED.

The SKA-MPI dish prototype in South Africa. The prototype dish is the first to be assembled on site, funded by Germany's Max Planck Institute for Radio Astronomy. Picture: SUPPLIED.

Published Aug 16, 2024

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Nicola Mawson

South Africa is set to update regulations regarding communication satellites to ensure that policies are fit for purpose when it comes to the changing landscape as new entrants join the evolving market.

This comes as the Independent Communications Authority of South Africa (Icasa) this week issued a general notice indicating that it aims to start consultations on a proposed New Licensing Framework for Satellite Services.

There are already several companies offering low-earth orbit (LEO) satellite services in South Africa, including the likes of underwater cable providers Seacom, Eutelsat, Paratus, and OneWeb. These providers generally provide internet services in more remote areas where it is prohibitively expensive to roll out fibre or base stations.

Icasa’s notice said it seeks to determine a regulatory and/or licensing framework for satellite services in South Africa, decide on the procedures that the authority may implement for the provision of satellite services in South Africa, as well as the measures for authorising the required communication terminals between here and space, as well as on the ground.

It will also consider the potential need to review spectrum fees, taking into account the increasing amount of bandwidth used by satellite systems operating in higher frequency bands. Procedures for registering international satellite operators, which needs to consider International Telecommunications Union (ITU) coordination statuses in terms of the space segment, will also be taken into account.

Historically, governments developed policies to protect their countries’ satellite systems and control market access, which required service providers to use only locally-owned satellite capacity, the authority said.

Because satellite connectivity allows for extended communications accessibility in remote areas, including vessels and aircraft, governments globally are seeking to implement policies that allow for open and direct access to all satellite resources, if they have been properly coordinated through the ITU, said Icasa’s notice.

The authority also noted that satellites cannot be geographically bound. This means that there is a need for international agreements, an approach that is referred to as “Open Skies”, and is being adopted by most administrations in every major region of the world.

“Satellite operators argue that having ”Open Skies“ policies result in increased competition which brings about more product choices, lower prices for consumers, stimulation of investment as well as economic growth,” said the notice.

To protect existing terrestrial services, such as fibre and mobile offerings, Icasa is proposing that there is a list of authorised space stations, which – upon approval – can provide services to South Africa.

However, this would not grant operators such as Starlink the right to provide telecommunications services in South Africa as they would require separate licences.

Additionally, Icasa requires proposals on how satellite operators would assist in expanding broadband coverage as terrestrial operators tend to focus their network deployment on revenue-generating areas. “Unlike terrestrial networks, satellite coverage can immediately reach areas of the country that are not cost-effective for terrestrial networks to reach,” it said.

Telecommunications lawyer and owner of Ellipsis Regulatory Solutions, Dominic Cull, explained that Icasa needs to ensure its regulatory environment is “fit for purpose” and makes sense in a rapidly growing market.

Speaking to Business Report yesterday, Cull noted that such satellite providers were different from the previous offerings of high-earth orbit, which were made available in the marketplace more than a decade ago. High-earth orbit providers tended to be costly.

Cull added that mobile operators are already trialling the potential of agreements with satellite operators.

“LEOs are coming in and shaking things up big time,” he said.

The process to put regulations into effect could take between a year to 18 months, Cull said.

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