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
ICASA has issued an ITA for available frequency in the 3 400 – 3 600MHz range (“the 3.5GHz band”) under the High Demand Radio Frequency Spectrum Licensing Framework Regulations.
Designated Range: 3 400 – 3 600 MHz
Lots: 2 licenses of a maximum of 30MHz each per district or metropolitan municipality (equaling a total of 104 licences to be issued countrywide).
Information on district municipalities
Information on metropolitan municipalities
Application fee: R70 000 (non-refundable, proof of payment to be submitted with application)
Deadline for submission: 16h00 on 25 June 2010.Extended to 30 July 2010.
Auction reserve price: R250 000
Roll-out obligation: 50% population coverage within two years
The ITA includes a schedule which is the format for the response to be submitted. There are instructions regarding binding, number of copies and the like.
Applicants will be required to submit business and technical plans as well as indicating how they will promote the interests of consumers. Although the prequalification criteria mentions only 30% HDI ownership, information on participation at various levels by historically disadvantaged groups is also required.
Competitive process
ICASA has outlined a four-phase competitive process:
Phase 1 – Prequalification criteria
Applicants must have a class electronic communications network service (CECNS) licence and must have a minimum of 30% direct ownership by historically disadvantaged groups. If this is demonstrated at the time the ITA closes then the applicant will move on to phase 2.
Phase 2 – Auction
If more than two applicants per district or metropolitan municipality meet the prequalification criteria then an “ascending price auction” will be conducted in respect of that municipality. A bank-guaranteed cheque of R250 000 must be lodged prior to participation and is refundable if an applicant is not successful. Payment of any balance owing by successful bidders is payable within two weeks.
Phase 3 – Business plan assessment
No details are provided but presumably this will be negotiations around promises of performance to be captured in the licence terms and conditions.
Phase 4 – Grant of licence
ITA 2.6GHz bandICASA has issued an ITA for available frequency in the 2 500 – 2 690MHz range (“the 2.6GHz band”) under the High Demand Radio Frequency Spectrum Licensing Framework Regulations.
Designated Range: 2 500 – 2690 MHz
Lots: 4 licenses of a maximum of 30MHz each (national assignment)
Application fee: R70 000 (non-refundable, proof of payment to be submitted with application)
Deadline for submission: 16h00 on 25 June 2010.Extended to 30 July 2010 .
Auction reserve price: R750 000
Roll-out obligation: 50% population coverage within two years
The ITA includes a schedule which is the format for the response to be submitted. There are instructions regarding binding, number of copies and the like.
Applicants will be required to submit business and technical plans as well as indicating how they will promote the interests of consumers. Although the prequalification criteria mentions only 30% HDI ownership, information on participation at various levels by historically disadvantaged groups is also required.
Competitive process
ICASA has outlined a four-phase competitive process:
Phase 1 – Prequalification criteria
Applicants must have an individual electronic communications network service (IECNS) licence and must have a minimum of 30% direct ownership by historically disadvantaged groups. If this is demonstrated at the time the ITA closes then the applicant will move on to phase 2.
Phase 2 – Auction
If more than four applicants meet the prequalification criteria then an “ascending price closed bid auction” will be conducted. A bank-guaranteed cheque of R750 000 must be lodged prior to participation and is refundable if an applicant is not successful. Payment of any balance owing by successful bidders is payable within two weeks.
Phase 3 – Business plan assessment
No details are provided but presumably this will be negotiations around promises of performance to be captured in the licence terms and conditions.
Phase 4 – Grant of licence
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.
ITA for Mobile TV radio frequency spectrumupdate 23 February 2009: ICASA has published a Notice withdrawing the ITA. No reasons were given in the notice but ITWeb has the story – Objection derails mobile TV invitation.
Withdrawal Notice
ICASA has published a ITA for radio frequency spectrum licences for the provision of mobile digital video broadcasting services based on the DVB-H standard. The initial focus will be on the JHB/PTA, Durban and Cape Town areas.
The ITA is open to holders of ECS and ECNS licences (noting the specific use to which the frequency must be put) – ICASA have set out business models involving ECS or ECNS licensees leading a bid in conjunction with a licensed individual broadcasting services licensee.
Closing date for applications: 27 February 2009
Non-refundable application fee: R70 000
Download ITA
Applicants, aside from lifting their commercial skirts, must also provide a detailed plan with timeframes for the roll-out of the mobile broadcasting service and the mobile DTT network to provide coverage at the main stadiums for the FIFA Confederation Cup in 2009 and the FIFA Soccer World Cup in 2010.
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.
Moratorium on applications for broadcast frequencies for community televisionICASA has given notice in the Government Gazette that it has imposed – effective 29 March 2010 – a moratorium on the consideration and granting of licences for the use of community television broadcasting frequencies. The motivation for doing so is the scarcity of available spectrum.
The moratorium will be lifted by a further notice to be published in the Gazette subsequent to the finalisation of the dual illumination period (i.e. when further frequency becomes available in the form of the digital dividend).
Who has the spectrum?…the usual suspects together with some very unusual ones.
In response to a PAIA application lodged by ISPA and a threat to enforce it through the courts, some information has emerged regarding frequency assignments in South Africa.
Spectrum Usage & Spare Broadcasting Frequencies Q1-Q4
ICASA has published this spreadsheet which shows how very little access frequency is available in South Africa.
Draft Regulations relating to the use and Application Procedures and Criteria for Licensing Spectrum for the Provisions of Mobile Television Broadcasting ServicesThe race to get mobile TV services up and running prior to the 2010 Soccer World Cup continues with the release by ICASA of Draft Regulations relating to the use and Application Procedures and Criteria for Licensing Spectrum for the Provisions of Mobile Television Broadcasting Services.
Comment is due by 4 January 2010 (yes – the silly season is upon us…)
South African Radio Frequency Spectrum AuditThe Department of Communications has launched what is potentially the most useful thing it will achieve in the last decade
-
access
Altech
Broadband Infraco licensing
class licence registrations and applications
competition
Department of Communications
draft regulations
ECA
ECNS
ECS
existing Licenses
final regulations
frequency
ICASA
IECNS
individual licence applications
legislation
licence conversion
licence exempt
Licence exemption application
licensing
numbers
Open for comment
policy
self-provision
standard terms and conditions
Telecommunications Act
universal Access
universal service
VANS
This site and the content on it is intended to facilitate greater understanding of the regulation of electronic communications in South Africa. Content does not, obviously, constitute legal advice. If it did there would probably be an invoice attached. Please use the site to become better informed and save yourself some money if and when you do need to consult a suitably qualified advisor.
Contact