National Radio Frequency Plan 2010
As published by ICASA on 30 July 2010 and chopped into manageable bits by ellipsis.
In essence this document – compiled by ICASA and approved by the Minister of Communications – shows the full range of spectrum bands and the uses to which they may be put in South Africa. Defining what can be done under what conditions is referred to as an allocation of frequency and the body of the document is a Table of Frequency Allocations. [Note that when a frequency licenses is awarded to someone that is referred to as an assignment of frequency.]
The National Radio Frequency Plan (NRFP) takes it lead from the work of the International Telecommunications Union (ITU) as well as efforts within Africa and the SADC region to harmonise spectrum usage.
NRFP 2010 Sections 1 (Definitions etc) & 2 (Preamble)
NRFP 2010 Table of Frequency Allocations 0 to 30MHz
NRFP 2010 Table of Frequency Allocations 30 to 390MHz
NRFP 2010 Table of Frequency Allocations 390 to 890MHz
NRFP 2010 Table of Frequency Allocations 890MHz to 4.8GHz
NRFP 2010 Table of Frequency Allocations 4.8 to 22GHz
NRFP 2010 Table of Frequency Allocations 22 to 1000GHz
NRFP 2010 SA National Footnotes
NRFP 2010 ITU Footnotes
A process to amend
- Standard terms and conditions for individual licences
- Standard terms and conditions for class licences
- Process and procedure regulations
was initiated by ICASA in July 2009 and the finalised amendments were published on 14 June 2010 (draft documents).
Standard Terms and Conditions for Individual Licences Regulations 2010
Licensing Process and Procedure Regulations Individual Licences 2010
Standard Terms and Conditions for Class Licences Regulations 2010
Licensing Process and Procedure Regulations Class Licences 2010
There is also a handy Reasons Document which explains why amendments were made (and why certain proposed amendments were not made).
Reasons Document Amendments to Standard Terms and Conditions and Process and Procedure Regulations
The Amendments will come into force on a date to be gazetted.
In general common sense seems to have prevailed:
- The term of an IECS licence has been standardised with that for IECNS licences at 20 years.
- The lead time for the filing of tariffs prior to putting them into service has been kept at 7 working days and not increased to 21 working days as ICASA proposed.
- “The Authority concurs with ISPA that person who intend to provide ancillary services or operate small electronic communications networks need not notify the Authority”. Previously the law had actually required that the thousands of Local Area Networks (LANs) and Wireless Local Area Networks (WLANs) be registered with it as licence exempt!
- They have brought some clarity to the distinction between notifications and amendments. A new Form O has been provided for notifications in respect of individual licences.
- They have cleaned up some of the mess around notifying exempts and temporary authorisations.
- “The Authority has decided to retain the term “end-user” as it is defined in the Act and extends to persons who use the service of a licensee. The Authority is of the view that the word ”public” [which ICASA wanted to use] is inconsistent with the Act and the word “subscriber” is limiting because it does not allow for remedies in relation to transactions between licensees.”
ICASA has gazetted final Facilities Leasing Regulations which will come into force on 30 June 2010.
Facilities Leasing Regulations 2010
High Demand Radio Frequency Spectrum Licensing Framework RegulationsOn 28 May ICASA released a set of documents which will lead to the assignment of the remaining available radio frequency spectrum in the 2.6GHz and 3.5GHz bands.
The High Demand Radio Frequency Spectrum Licensing Framework Regulations (into force 28 May 2010) set out the procedures which ICASA will follow in assigning licences for this spectrum and for spectrum where there are competing applications (e.g. WiMAX and LTE) or where there is insufficient spectrum available to accommodate demand.
ICASA has published an accompanying Reasons Document on the Spectrum Licensing Framework Regulations which sets out the logic employed in deviating from the draft regulations previously published.
The available spectrum in the 2.6 and 3.5GHz will form the first exercise of the regulations and ICASA has issued out separate Invitations to Apply (ITAs) for the two bands.
Overview of the High Demand Radio Frequency Spectrum Licensing Framework Regulations
The regulations create the basis for ICASA to issue ITAs for frequency bands where demand outstrips supply. It is probably fair to say that this applies to almost all bands below 10GHz in South Africa.
Each ITA will set out a Designated Range to which it will apply and each Designated Range will then be divided up into Lots of unpaired or paired rasters or multiple Megahertz. The ITA will also stipulate any specific criteria applicable and the reserve price which will be set at any auction held.
Disqualifications
ICASA can disqualify an applicant where it:
1. Has submitted an application when it is an affiliate of another applicant or possesses an ownership or financial interest in another applicant within the same application process (an ownership interest is a direct or indirect ownership of issued share capital of more than 5%); or
2. Already has a radio frequency spectrum licence within the Designated Range unless the licensee has less than the maximum bandwidth made available in line with these regulations in which they will only be allowed to apply for additional spectrum which results in total assignment not exceeding the maximum bandwidth made available. In other words a licensee that holds 15MHz in the 2.6GHz range could apply for a further 15MHz to take their holding up to the maximum of 30MHz allowed under the ITA; or
3. Has submitted more than one application to ICASA for the grant of a radio frequency spectrum licence within the Designated Range; or
4. Has less than 30% direct ownership by Historically Disadvantaged Individuals (HDIs); or
5. Has submitted an application which contains false or misleading information; or
6. Is colluding or attempting to collude with another applicant with the intention to distort or manipulate information; or
7. Has obtained or acquired confidential information relating to another applicant or;
8. Has failed to notify ICASA of any changes as required by regulation 5(1) (which gives applicant seven days to notify ICASA of any changes to the information submitted as part of Schedule A to the ITA); or
9. Has failed to comply with the terms and conditions of the ITA; or
10. Has failed to comply with a request for supplementary information under regulation 6.
Selection process
This is extremely simple. ICASA will do the following to select those to whom licenses will be issued:
1. Select applicants on the basis of the evaluation criteria set out in the ITA and in the regulations; and
2. Thereafter it “may” invite applicants to participate in an auction in the event that there are more than the required numbers of qualifying applicants.
“Use it or lose it” principle
Licenses issued under the regulations will feature a “use it or lose it” clause. This is the first real benefit of the National Radio Frequency Spectrum Policy adopted by the Department of Communications earlier this year.
The ITA will set out an initial roll-out target to be achieved within two years of the date of issue of a licence at which stage the licensee will have to submit a report allowing ICASA to evaluate the extent to which this has been met.
Failure to meet 50% of the roll-out targets set out as part of the licence conditions prior to the second anniversary of the licence is considered a non-utilisation. In the event of non-utilisation ICASA is required to withdraw the licence.
Mobile TV RegulationsICASA has published final regulations relating to the provision of Mobile Television services in South Africa. The process leading to the finalisation of these regulations was initiated by a Policy Directive issued by the Minister of Communications on 17 September 2007.
ICASA Mobile TV Regulations 2010
Reasons Document on Mobile Television Regulations April 2010
The purpose of these regulations is to
(a) provide a regulatory framework for the licensing of radio frequency spectrum within the designated range for the provision of mobile television broadcasting services; and
(b) provide for procedures and criteria for the awarding of radio frequency spectrum licences for the provision of mobile television services within the designated range.
The regulations apply to broadcasting service licensees who intend to apply for mobile television multiplexes to provide new broadcasting content.
Comment:
The Mobile Television Regulations 2010 are particularly interesting to those looking for clues as to how ICASA intends to manage radio frequency spectrum.
“Use it or lose it”
The Regulations set out ICASA’s approach to efficient utilisation of radio frequency spectrum awarded for the provision of mobile TV services. Those assigned with such radio frequency licences will be required to utilise all the available capacity in the multiplex assigned to it within twelve months of the date on which the licence was issued. This period may be extended on application showing good cause.
If ICASA believes that the licensee has not complied with the above it may withdraw the unused spectrum in accordance with the provisions of sections 31(8), (9) and (10) of the ECA.
The Regulations also make it clear that holders of frequency licences may not sell or sub-let the spectrum assigned to them.
Assignment process
The Regulations also set out how the relevant spectrum is to be awarded once an ITA has been issued:
1. Applicants will need, firstly, to pre-qualify by showing that they have a minimum of 30% equity ownership by persons from “historically disadvantaged groups”.
2. Thereafter applicants are required to submit business undertakings, which, while they will not be used to evaluate the application, will constitute licence obligations where the applicant is awarded with a licence through the assignment process. The undertakings must relate to:
(a) The nature and extent of consumer benefits to be derived by the general public from award of the radio frequency spectrum licence to the applicant;
(b) The viability of the business plan of the applicant;
(c) The viability of the funding model proposed by the applicant;
(d) The viability and efficacy of the applicant’s technical plan; and,
(e) The experience, expertise and credibility of the applicant and/or its employees in business in general and in broadcasting in particular.
Details about the information required to be submitted are set out in the schedule to the Regulation.
Once the applicant has achieved the above then they are entitled to participate in the auction for the available spectrum at a reserve price stipulated in the applicable ITA.
The applicable ITA for frequency for the purpose of proving mobile television services was issued on 16 April 2010.
ICASA Interconnection Regulations 2010Some five years after the enactment of the Electronic Communications Act (ECA), ICASA have managed to produce a set of framework interconnection regulations.
ICASA Interconnect Regulations 2010
Effective date: 30 June 2010.
Comment:
It is noteworthy that these regulations represent a bare minimum regulatory intervention which evidences ICASA’s desire to avoid any form of legal challenge. While clarification on the basic right to interconnect and the imposition of certain time lines is welcomed, it remains disappointing that many of the provisions present in previous drafts have been deleted or watered down in the process of removing anything vaguely controversial.
The net result is that what should be a fundamental regulatory spur to greater competition in the electronic communications industry will have very little impact.
Technical standards for electronic communicationsICASA has published regulations prescribing national standards for the performance and operation of equipment and electronic communications facilities, including radio apparatus.
The purpose of the regulations is, amongst other things, to regulate Electromagnetic Compatibility (EMC) and ensure the proper functioning, interoperability and interconnection of electronic communications equipment. The Regulations seek to limit the potential for RF interference and to regulate the safety aspects of the use of electronic communications equipment.
It is important to note that the standards specified in the Regulations will form the mandatory standards used by ICASA for the type approval of electronic communications equipment. All existing type approvals granted by ICASA will be remain valid, even though they may have been issued with reference to a different standard.
Immunity standards specified in the Regulations will come into force on 22 January 2011.
History:
Draft Regulations Technical Standards EC Equipment 2008
Third time lucky, perhaps, for ICASA as it makes another attempt to publish a workable set of quality of service standards as required by section 69 of the Electronic Communications Act 2006.
End User and Subscriber Service Charter Regulations 2009
The regulations have a bit of a history – with two previous versions – February 2008 & October 2008 – having been published and now repealed. After it became apparent that the second set was not going to escape court challenge ICASA initiated an Inquiry under Section 4B of the ICASA Act into whether the existing regulations should be amended or repealed and rewritten. The outcome of this Inquiry was published together with the new set of (amended) regulations.
Service Charter Inquiry Reasons Document July 2009
Final DTT RegulationsICASA has published final regulations relating to digital migration and the dual illumination period.
ICASA Digital Terrestrial Television Regulations 2009
There is also an accompanying ICASA Position Paper DTT July 2009 and a separate Statement on DTT Regulations and Mobile TV Licensing.
Amendment to the amateur radio regulationsICASA has effected a small but significant amendment to Annexure G of the Radio Regulations. The amendment came into force on 10 June 2009 and is set out in General Notice 872 of 2009, GG 32316.
Annexure G is a list of radio frequency spectrum bands which may be used for amateur services. It sets out the nature of the uses permitted, whether these are primary or otherwise and details the technical and licensing restrictions on use. Annexure G was introduced by 2005 Amendment to Chapters 1, 3 & 4 of the Radio Regulations.
The full text of the notice [with some commentary] is set out below:
EXPLANATORY NOTE:
To amend regulations number 27258 of 2006, so as to amend certain frequency bands contained in ANNEXURE “G” and insert such new frequency bands that are in line with the WRC 03 and 07; to amend frequency bands that were erroneously included in ANNEXURE “G” of the regulations and insert such new frequency bands that are a correct reflection of the spectrum frequency plan and to provide for matters connected therewith.
[which appears to be a little bit over the top considering what follows...]
Amendment of annexure “G” of Regulations number of 2006
1. Frequency band 7.000 – 7.100 in annexure “G” of the regulations is hereby amended by the insertion of the following new frequency band:
“7.000 – 7.200.”
2. Frequency band 14.225 – 14.250 in annexure “G” of the regulations is hereby amended by the insertion of the following new frequency band:
“14.225 -14.350.”
Short title and commencement
These regulations are called the Radio Amateur Amendment Regulations, 2009, and will come into effect on the date of publication in the gazette.
["the Radio Amateur Amendment Regulations, 2009" ... ???]
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