Communications minister Solly Malatsi. (Image source: DCDT)
Minister Solly Malatsi has moved to simplify network deployment, asking the Independent Communications Authority of South Africa (ICASA) to revisit the rules governing infrastructure sharing.
Published in a Government Gazettethis week, the policy direction instructs ICASA to review its facilities leasing regulations and principles for the rapid deployment regulations.
The policy direction is intended to make it easier and faster for telecoms operators to build, extend and share network infrastructure in South Africa.
It follows the draft policy direction published for public comment on 12 March, which garnered 16 written submissions, says a statement from Malatsi’s department.
Most of the submissions were supportive of the policy directions and informed several changes to the final text, it states.
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“The policy direction is ultimately aimed at reducing the cost of broadband communication, and ensuring all South Africans enjoy meaningful connectivity by eliminating cumbersome and fragmented administrative compliances which affect the pace of infrastructure building,” says Malatsi.
“This will introduce an environment in which the rollout of digital infrastructure is simpler, faster and more consistent. Delays in building and extending networks remain one of the main obstacles to affordable, high-speed connectivity in South Africa, and this policy direction is part of our reform programme to achieve this.”
In the statement, the minister notes the policy direction builds on the national policy on the Rapid Deployment of Electronic Communications Networks and Facilities of 2023 and supplements it.
In addition, it provides further policy guidance to ICASA as it develops the regulatory framework for network deployment and infrastructure sharing.
In case of the Facilities Leasing Regulations of 2010, the policy direction requests that ICASA review the regulations. These are the rules that govern how operators lease infrastructure such as towers and ducts from one another.
According to the department’s statement, since 2010, the Act has been amended, and the courts have handed down important judgements, so the regulations need to be updated.
“The policy direction also asks ICASA to consider the list of essential facilities, wholesale rates, improved timeframes for concluding and implementing leasing agreements, and stronger monitoring and enforcement.”
Turning to the Rapid Deployment Regulations, the policy direction sets out principles for ICASA to consider in developing a framework for new rapid deployment regulations.
It seeks to discourage duplication where existing facilities are available, while recognising that additional infrastructure may be justified for commercial reasons, including network resilience, quality of service and service differentiation.
“ICASA is requested to establish a central geographic information system database of the country’s electronic communications infrastructure. The database will give planners, regulators and operators a clearer picture of what has been built and where. It will be aligned with the national spatial data infrastructure framework, and access will be regulated to protect sensitive information.”
The regulator is further requested to provide a process for resolving disputes between licensees and landowners who choose to use it. It is also asked to report annually to the minister on progress, with the first report due within 12 months.
