by Jason Rainbow — April 7, 2022

COLORADO SPRINGS —SpaceX has lost the right to provide Starlink broadband services in France after the country’s highest administrative court revoked its spectrum license. 

France’s Conseil d’État ruled April 5 that French telecoms regulator ARCEP should have launched a public consultation before authorizing Starlink in February 2021.

“In law, they should normally cease [providing services] immediately, pending ARCEP’s public consultation” following the court’s decision, a Conseil d’État spokesperson told SpaceNews.

Read more at: https://spacenews.com/starlink-loses-french-spectrum-license/

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1 October 2021

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.

Read more at:

https://www.icasa.org.za/news/2021/icasa-outlines-plans-for-the-expedited-licensing-of-high-demand-spectrum-and-the-wireless-open-access-network

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7 September 2021

Pretoria – The Independent Communications Authority of South Africa (ICASA/the Authority) has unfortunately not yet been able to reach an out of court settlement with the litigants in the High Court matter, in terms of which its decisions to invite applications for high-demand spectrum licences and for a licence to operate a Wireless Open Access Network (WOAN) are challenged.

ICASA has, over the past four months, engaged extensively and intensively with the active litigants with the intention to reach a settlement agreement so that the licensing process can proceed without further delays. Despite the parties’ best efforts, however, a comprehensive settlement has not been achieved at this stage.

ICASA has now decided to consent to an order setting aside its decision to publish the Invitations To Apply (ITAs) in order to avoid a long-drawn-out litigation, the effect of which would only be to delay further the licensing of high-demand spectrum and the WOAN. This means that the licensing of high-demand spectrum and the WOAN will now be reconsidered by the Authority, taking into consideration the issues raised by the litigants – such as the completion of the broadcasting digital migration process and the assessment of competition in the ICT Sector.

To this end, the Authority has filed its proposed consent order with the High Court; and all the litigants could accept the proposed consent order or file papers opposing ICASA’s proposed consent order. The matter is set down for the 15th of September 2021, at which any arguments against ICASA’s consent order will be heard.

The Minister of Communications and Digital Technologies has since committed to completing the broadcasting digital migration process and related processes within five months from the date on which the order (to which the Minister also consents) is made. This will remove one of the perceived impediments to the process of licensing high-demand spectrum and the WOAN.

The Chairperson of ICASA, Dr Keabetswe Modimoeng, expressed his concerns in respect of new issues that were raised by the litigants during negotiations. “We noted with grave concern that some parties at the negotiations have sought to introduce matters that were not related to the issues in dispute. We therefore urge all parties to confine themselves to the issues in dispute and the relief, which is sought in the papers filed of record, as venturing into other unrelated matters can only serve to derail the confirmation of the order to which ICASA consents,” says Dr Modimoeng.

Dr Modimoeng further says that – should parties confine themselves to the matters currently on the table, with an appreciation that spectrum needs to be licensed urgently, on a more permanent and transparent basis – the auction of high-demand spectrum can take place by the end of January 2022.

ICASA is not in a position to abandon the auction model as a method of assigning high-demand radio frequency spectrum. “According to the International Telecommunication Union (ITU), auctions are commonly recognised as the best way of assigning key mobile spectrum. The benefits of auctions are well known to regulators and the ICT industries globally. Among other benefits, auctions allow spectrum to be allocated to its highest value use and to the highest value set at a price that reflects opportunity costs. They are fair, open and transparent, and can be verified by third party accountants,” adds Dr Modimoeng.

Furthermore, and among other things, some of the key objectives of the Radio Frequency Spectrum Regulations of 2015 include establishing transparent, fair and efficient procedures and processes for radio frequency spectrum licence applications, as well as providing procedures and criteria for awarding radio frequency spectrum licences for competing applications or instances whereby there is insufficient spectrum available to accommodate the demand in terms of section 31(3) of the Electronic Communications Act.

Dr Modimoeng says the Authority is also willing to separate the auction of high-demand spectrum and the licensing of the WOAN. “In this regard, we urge litigants to allow the auction process to continue while free-to-air broadcasters and all other interested stakeholders can get another opportunity to consult on the construction of the WOAN, and how it can best suit various interests.”

The Chairperson confirms that the Authority is encouraged by the posture taken by the newly appointed Minister of Communications and Digital Technologies to actively participate in efforts to bring this litigation to an end by committing to completing the broadcasting digital migration process and the processes related to it so that all perceived impediments to the licensing process are removed.

“The current spectrum litigation impasse is nothing short of a lose-lose situation for all, i.e., consumers, industry players and the Authority, as it serves to hamstring the growth of the sector and the full realisation of economic spinoffs and cost-benefits for consumers,” concludes Dr Modimoeng.

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The regulator said if the parties agreed to confine themselves to matters raised in the litigation during the new round of out-of-court negotiations, the spectrum auction could happen by early 2022.

By Mfuneko Toyana • 7 September 2021

Communications regulator Icasa has ditched its legal battle with telecoms giants including MTN and Telkom that would have further delayed the auction of high-speed spectrum slots and South Africa’s sorely needed transition to faster internet speeds — and a multibillion-rand fillip for the government.

MTN and Telkom, with free-to-air broadcaster eMedia Holdings (which owns e.tv and 24-hour news channel eNCA), had launched a legal challenge against Icasa’s proposed format for the auctioning of 700MHz, 800MHz, and 2,600MHz spectrum frequencies needed by data providers to launch new-generation internet technology like 5G.

The telecoms firms went to court between 2019 and 2020 to oppose the sale of the spectrum slots via invitations to apply (ITAs), which would have seen the two market leaders prevented from participating in some of the early rounds of the auction.

Icasa and the communications ministry argued that this was necessary to allow new and smaller players to gain a foothold in the data game, but the cellphone providers saw it as unfair discrimination, leading to the deadlock.

“Icasa has now decided to consent to an order setting aside its decision to publish the Invitations To Apply (ITAs) in order to avoid a long drawn-out litigation, the effect of which would only be to delay further the licensing of high-demand spectrum and the WOAN [wireless open-access network],” the regulator said in a statement.

Read more at: https://www.dailymaverick.co.za/article/2021-09-07-icasa-will-ditch-spectrum-auction-litigation-if-cell-providers-agree-to-limit-challenges/

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30 August 2021

Pretoria – The Council of the Independent Communications Authority of South Africa (ICASA/the Authority) has resolved that the temporary radio frequency spectrum assigned to licensees will now have to be returned to the Authority by no later 30 November 2021.

The temporary radio frequency spectrum was first assigned by means of an expedited ITA during April 2020 on the initial declaration of the National State of Disaster, which in turn was occasioned by the COVID-19 pandemic.

The Authority has since twice extended the duration of the temporary radio frequency spectrum assignment, the last expiry date being 31 August 2021.

The Authority has inter alia taken account of the current environment in relation to the number of infections, the gradual reopening of the economy and the steady progress in the vaccination program. More importantly, the Authority is mindful of the need to focus its efforts on the permanent licensing of spectrum. However, it is important that the industry be allowed adequate time to plan and adjust their operations.

According to the Chairperson of ICASA, Dr Keabetswe Modimoeng, ‘‘The Authority’s interventions with regards to the release of the temporary radio frequency spectrum have indeed contributed immensely to the fight against the COVID-19 pandemic and to ensuring that South Africans were, and continue to be, able to communicate during these unprecedented times. However, the Authority cannot allow the temporary spectrum assignment to assume a state of permanence.”

The Chairperson further says that, having allowed operators to use the temporarily assigned spectrum for a period of seventeen (17) months, it is reasonable that they be allowed a further three months until 30 November 2021 as a sufficient winding down period.

In order to allow the licensees to wind down their operations on the temporary spectrum, and to notify consumers about the impact thereof (if any) on their service offerings, the Authority has resolved to amend the COVID-19 National Disaster Regulations to provide for continued use of the temporary radio frequency spectrum licences for the period ending 30 November 2021.

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The post 16th European Spectrum Management Conference appeared first on EMFSA.

Pretoria – The Independent Communications Authority of South Africa (ICASA/the Authority) notes the outcome of Telkom’s application to interdict ICASA from proceeding with the auction process in terms of the Invitation To Apply (“ITA”) for high demand spectrum or International Mobile Telecommunications (“IMT”) spectrum as well as the ITA for the Wireless Open Access Network (“WOAN”) both of which were issued on 2 October 2020.

The High Court has issued an order, without reasons, interdicting and restraining ICASA from proceeding with the auction process pending the final determination of Telkom’s application to review ICASA’s decision to publish the two ITAs. The effect of this order is that ICASA cannot at this stage proceed with the auction process and the timetable for that process will have to be revised.

In receiving the court order, the Chairperson of ICASA, Dr Keabetswe Modimoeng expressed his utmost confidence in the judiciary and though dismayed by the decision, remains resolute that the licensing process shall in due course be finalised.

“We have never been so close to licensing high demand spectrum. We were literally three (3) weeks away from auctioning this much-needed resource that would have seen South Africans benefit through this process in terms of reduced data costs and improvement in quality of service and experience. In commitment to our public interest mandate, the Council of ICASA has resolved to exhaust all legal avenues in respect of this process,” says Dr Modimoeng.

According to Dr Modimoeng, this is not the end of the road for ICASA but the very beginning. “We were here in 2016 when an interdict on a similar matter was issued, and that led the Authority to enter into an Out-of-Court settlement, withdrawal of the ITA and other forms of mediation. Such interventions took us nowhere. We are not going back there. It is our considered view that the best option is to exhaust all possible legal avenues at our disposal, including appeals so to ensure that this sensitive licensing process is not only defined by industry players but also by the public interest. We, however, await the reasons for the judgement.” commented Dr Modimoeng.

The Authority has also taken note of the fact that the primary litigant in this matter (Telkom); was also one of the three applicants in the 2016 litigation. Telkom’s opposition to this licensing process has therefore been consistent.

The delay in the licensing of high demand spectrum has huge implications in terms of competition in the mobile services market as well as reduction of cost to communicate particularly data costs for consumers and business. For as long as there is an interdict in place, South Africans will continue to bear the brunt for high data costs, ineffective competition and a deprived economy. But ICASA remains confident and forward-looking to ensure that South Africans ultimately benefit from this licensing process.

https://www.icasa.org.za/pages/icasa-notes-the-court-interdict-issued-in-respect-of-the-licensing-of-spectrum-pursues-an-appeal-process

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•ICASA CONTINUES TO RECEIVE SUBMISSIONS OF APPLICATIONS DESPITE TELKOM’S COURT APPLICATION

23 December 2020

Pretoria – The Independent Communications Authority of South Africa (“ICASA/the Authority”) received a court application on Tuesday, 22 December 2020, filed by Telkom in respect of the Invitation to Apply (“ITA”) for high demand spectrum or International Mobile Telecommunications (“IMT”) spectrum as well as the ITA for the Wireless Open Access Network (“WOAN”) both of which were issued on 2 October 2020.

The Authority is currently reviewing the court application and has engaged its legal representatives to oppose the court application. Furthermore, the Authority wishes to inform all prospective applicants that the date for submissions of applications in respect of the ITA for the IMT spectrum remains unchanged and is still 28 December 2020. This court application does not stop the Authority from proceeding with the receipt of applications in this regard. https://www.icasa.org.za/news/2020/icasa-continues-to-receive-submissions-of-applications-despite-telkoms-court-application

•My Broadband: “ICASA will mess up the industry for 20 years” — Telkom sues over 5G spectrum auction

article by Jan Vermeulen, 23 December 2020

Telkom has launched a legal challenge against ICASA’s plans to auction valuable radio frequency spectrum that is to be used for 4G and 5G networks in South Africa.

In an interview with MyBroadband, the Group Executive: Regulatory Affairs and Government Relations for Telkom, Siyabonga Mahlangu, said that Telkom has tried to engage with ICASA regarding the spectrum auction on several occasions, but the regulator rebuffed them.

Mahlangu warned that if the spectrum licensing process were to continue as is, ICASA would mess up the industry for 20 years.

Read more at:

https://mybroadband.co.za/news/cellular/380978-icasa-will-mess-up-the-industry-for-20-years-telkom-sues-over-5g-spectrum-auction.html

•TechCentral: Telkom sues Icasa over ‘flawed’ spectrum auction

by DUNCAN MCLEOD, December 22, 2020

Telkom has submitted papers in the high court in Pretoria seeking an injunction restraining the communications regulator Icasa from continuing, at present, with the scope licensing process.

Speaking to TechCentral on Tuesday, Telkom group executive for governance and government relations Siyabonga Mahlangu said the company was approaching court because it believed Icasa invitations to apply (ITAs) to the scope and planned open access network (Woan) had flaws basically that could strengthen Vodacom and MTN’s “rule”.

Telkom wants temporary relief against Icasa, preventing the regulator from handling, evaluating, or judging applications under ITAs, which must be released before December 28th. One of Telkom’s main arguments is that Icasa issued an ITA knowing that 700MHz and 800MHz bands are not available…

It then wants the high court to review and set aside Icasa’s decision to issue two ITAs.

One of Telkom’s main arguments is that Icasa released ITAs knowing that the 700MHz and 800MHz bands – so-called digital dividends used by analog television broadcasters – are still not available for use by communications operators. Despite this, Icasa is insisting on the licensing of these bands and will expect to be paid for them despite the inability of applicants to use them, Mahlangu said.

Read more at:

https://techcentral.co.za/telkom-sues-icasa-spectrum-auction/104021/

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https://www.icasa.org.za/news/2020/fees-for-the-extended-use-of-the-temporary-radio-frequency-spectrum

27 November 2020

Pretoria – In light of the fact that the auctioning of the high demand spectrum will occur in March 2021, the Council of the Independent Communications Authority of South Africa (ICASA/Authority) has approved the amendment of the ICT COVID-19 National State of Disaster Regulations in order to extend the validity period of the temporary assignment of radio frequency spectrum (“temporary spectrum”) to no later than 31 March 2021. The initial date within which the temporary spectrum was supposed to be returned to the Authority was 30 November 2020.

The Council has also resolved that all licensees who have been assigned temporary spectrum and wish to continue using it for extended period (i.e. until 31 March 2021) will be required to pay the prescribed radio frequency spectrum licence fees.

In releasing the initial temporary spectrum to meet the high demand of services during high levels of the lockdown and the national state of disaster, the Authority did not require any payment of fees for use of such spectrum. “We are aware that licensees generated and reported revenue growth during this period. We have therefore resolved that, in addition to fulfilment of the obligations imposed with the release of temporary spectrum, the extended use of spectrum must be at a fee as provided for in the amended regulations”, says ICASA Chairperson, Dr Keabetswe Modimoeng.

As regards spectrum sharing arrangements which may have been implemented in accordance with regulation 6(10), (11) and (12) of the ICT COVID-19 National State of Disaster Regulations, the Authority advises that the continued validity of such arrangement is to be subject to specific renewal and/or approval process by the Authority.

Read more at: https://www.icasa.org.za/news/2020/fees-for-the-extended-use-of-the-temporary-radio-frequency-spectrum

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NOV. 3, 2020 | BY C. TODD LOPEZ, DOD NEWS

Short of face-to-face conversation, wired internet or telephone land lines — a mystery to many young Americans — nearly every form of communication the Defense Department uses today, especially on the battlefield, is wireless. Some U.S. adversaries are working very hard to cut off that form of communication.

Last week, the Defense Department released the “2020 Department of Defense Electromagnetic Spectrum Superiority Strategy.” This document not only lays out how the military will guarantee its continued and unfettered access to the airwaves, or spectrum, which facilitates GPS, radio, satellite and cell phone communications. This document also shows how the military plans to master that spectrum while on the battlefield.

“The rise of mobile systems and digital technology across the globe has placed enormous strain on the available spectrum for DOD’s command, control and communication needs,” said Dana Deasy, the department’s chief information officer. “This strategy will help set the conditions needed to ensure our warfighters have freedom of action within the electromagnetic spectrum to successfully conduct operations and training in congested, contested and constrained multi-domain environments across the globe.”

Read more at: https://www.defense.gov/Explore/News/Article/Article/2404027/new-spectrum-strategy-reveals-dod

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