Regulator to hold inquiry to review satellite rules

The Independent Communications Authority of SA (Icasa) is set to hold an inquiry to look into new satellite rules in the country. Many South Africans remain frustrated by a lack of legal access to the biggest satellite connectivity provider, Starlink. Fin24 reports that Icasa published a Government Gazette notice on Wednesday that calls for an inquiry over a new licensing framework for satellite services, including determining procedures to allow for the registration of international satellite operators. Starlink has Earth's largest fleet of low-orbit satellites that can provide high-speed stable Internet almost anywhere in the world. However, the US company, which is owned by SA-born Elon Musk's SpaceX, is yet to apply for a licence to operate locally. Historically disadvantaged ownership requirements are thought to be the biggest stumbling block. The Electronic Communication Act requires licence applicants to be 30% owned by historically disadvantaged communities. However, Starlink is thought to be a game-changer in rural communities, which have historically had difficulty connecting with traditional broadband infrastructure profitably. This was recognised by Icasa in the Gazette when it said: Technological advances have resulted in satellites having the ability to provide broadband connectivity to large areas (including entire regions) at minimal extra marginal cost. Satellites are also adept for the provision of connectivity services to remote and rural areas and are resilient when terrestrial services have been impacted.

The five purposes of the inquiry are set out in the Gazette as follows:

* Determine a regulatory and/or licensing framework for Satellite Services in SA;

* Determine the procedures that the authority may implement for the provision of satellite services in SA;

* Determine procedures for authorising user terminals, IoT terminals, earth station user terminals communicating with space station while in motion (ESIM/ESV), and ground earth stations in the SA territory;

* Consider the need to review spectrum fees, taking also into account the increasing amount of bandwidth used by satellite systems operating in higher frequency bands;

* Determine procedures for registration of international satellite operators (including details of International Telecommunications Union (ITU) co-ordination status of the space segment) who intend to provide a service either directly or indirectly (through existing licensed operators) to SA consumers.

Fin24 notes that the gazette also sets out definitions that will be used in the inquiry, including ‘foreign satellite system’, which will refer to a satellite connectivity provider that provides services outside of its home country. Icasa has also had talks with Amazon's Project Kuiper, which also wants to establish a low-earth-orbit satellite fleet, over regulation. Many South Africans have been exploiting a loophole in the Starlink system to access the services illegally under the current regulatory framework.

Full Fin24 report