South Africa ICASA update

The Electronic Communications Act, 2005 (Act No. 36 of 2005) is a South African law that aims to promote convergence in the broadcasting, broadcasting signal distribution, and telecommunications sectors . It also regulates electronic communications services, electronic communications network services, and broadcasting services . The law was amended in 2023 by the Minister of Technology and Communications to update the Radio Frequency Spectrum Regulations.

In this blog post, I will explain the main changes introduced by the amendment and how they affect the radio frequency spectrum users and licensees in South Africa.

The amendment replaces Annexure B of the Radio Frequency Spectrum Regulations, 2015, which lists the apparatus that are exempt from radio frequency spectrum licenses. The new annexure specifies the technical parameters and conditions for using such apparatus without a license. The amendment also clarifies that the use or possession of any radio apparatus that is not listed in Annexure B requires a radio frequency spectrum license.

The amendment aims to harmonize the South African radio frequency spectrum regulations with the international standards and best practices. It also seeks to ensure efficient and optimal use of the scarce radio frequency spectrum resource and to prevent harmful interference among different users.

Some of the main changes introduced by the amendment are:

– The addition of new categories of apparatus that are exempt from radio frequency spectrum licenses, such as wireless power transfer devices, wireless microphones, wireless audio devices, wireless local area network devices, and radio frequency identification devices.
– The revision of the technical parameters and conditions for some existing categories of apparatus that are exempt from radio frequency spectrum licenses, such as short range devices, ultra-wideband devices, medical implant communication systems, and radio determination devices.
– The deletion of some categories of apparatus that are no longer exempt from radio frequency spectrum licenses, such as cordless telephones, citizen band radios, and amateur radios.

The amendment has implications for both existing and potential radio frequency spectrum users and licensees in South Africa. For example:

– Users and licensees who use or possess apparatus that are no longer exempt from radio frequency spectrum licenses must apply for a license or cease using such apparatus within six months from the date of publication of the amendment.
– Users and licensees who use or possess apparatus that are still exempt from radio frequency spectrum licenses must comply with the revised technical parameters and conditions for such apparatus within six months from the date of publication of the amendment.
– Users and licensees who wish to use or possess new categories of apparatus that are exempt from radio frequency spectrum licenses must ensure that such apparatus meet the technical parameters and conditions specified in the amendment.

The amendment is expected to improve the management and allocation of the radio frequency spectrum in South Africa. It will also facilitate the development and deployment of new technologies and services that rely on wireless communication. However, it also imposes new obligations and responsibilities on the radio frequency spectrum users and licensees. Therefore, it is important for them to be aware of the changes introduced by the amendment and to comply with them accordingly.