Unpacked: ICASA invitation to apply for High-Demand Spectrum and WOAN

7th October 2020

Unpacked: ICASA invitation to apply for High-Demand Spectrum and WOAN

The Independent Communications Authority of South Africa (ICASA) released the long-awaited Invitation-to-Apply (ITA) for both the international mobile telecommunications (IMT) spectrum, also known as high-demand spectrum, and the wireless open-access network (WOAN) on 2 October 2020. The closing date for the IMT Spectrum ITA is 28 December 2020 and for the WOAN ITA is 30 March 2021.

Some important considerations that ICASA took into account when finalising the ITAs, included:

IMT (or high-demand) spectrum and WOAN explained

High demand spectrum refers to specific radio frequency spectrum bands that are in high demand by mobile and wireless operators in the market (telecom operators).  In order to ensure that more telecom operators gain access to this high demand spectrum, ICASA has created a policy which requires that a portion of unallocated high demand spectrum be assigned to the WOAN.  The WOAN will operate as a single network, built via a consortium, which will sell high demand spectrum to telecom operators on a wholesale basis.

Telecom operators may obtain access to this new high demand spectrum by:

ITA for IMT (or high-demand) spectrum

The ITA for IMT spectrum contains the following key highlights:

The IMT spectrum ITA also addresses the topic of the temporary spectrum which was assigned during April 2020, in terms of the ICT Covid-19 National State of Disaster Regulations, 2020 (ICT Covid Regulations). Due to the Covid-19 pandemic and subsequent delays in issuing the ITA for high-demand spectrum, the auctioning of the spectrum is expected to be completed by 31 March 2021. As a result, ICASA will continue to make available the temporary IMT spectrum on an interim basis, in accordance with the ICT Covid Regulations.

ITA for WOAN

ICASA has set aside radio frequency spectrum within the 700 MHz, 2600 MHz and 3500 MHz spectrum bands for the WOAN. The WOAN ITA provides for a Radio Frequency Spectrum (RFS) licence to be issued for the WOAN, which will be valid for a period of 20 years, renewable annually upon payment of a prescribed licence fee. The RFS licences will also be issued on a technology neutral basis, as mentioned under the ITA for IMT above.

ICASA has imposed several mandatory requirements for applicants applying for an RFS licence, including that:

Written by Peter Grealy, Partner, Nozipho Mngomezulu, Partner, Wendy Tembedza, Senior Associate, Karl Blom, Senior Associate, Cindy Leibowitz, Professional Support Lawyer and Ekene Nkado, Candidate Attorney at Webber Wentzel