Legislation: TV white spaces operator selection process mooted

Comment is sought by 10 March on a draft framework for implementing a key provision in the 2018 regulations on utilising television (TV) white spaces, reports Pam Saxby for Legalbrief Policy Watch. The term refers to ‘unused frequencies in the wireless spectrum between TV broadcasts’, which can be used to provide broadband access and is expected to increase ‘once SA finally migrates from analogue to digital terrestrial TV’ (ITWeb). According to an accompanying Government Gazette notice, the framework envisaged focuses on Regulation 16, which requires the Independent Communications Authority of SA (Icasa) to designate technically qualified entities to manage secondary ‘geo-location spectrum’ data bases. Against that backdrop, it proposes a qualification process to be followed by the authority when identifying suitable prospective operators.

Since the overarching purpose of the 2018 regulations is to ‘support the uptake of affordable broadband services and access by the underserved’, it is not clear why Icasa has taken so long to implement Regulation 16 or what, if any, arrangements have been made during the intervening two years. At the time, the regulations were expected to facilitate the development of an ‘entirely new’ industry of network installation and management entrepreneurs – lowering broadband access costs and widening the choices available to consumers (Tech Central). However, despite the successful conclusion of several trials, progress with the ‘operational processes’ necessary for the technology’s commercialisation has apparently been negligible (ITWeb).