Through this Next Generation Radio Frequency Spectrum Policy (“Spectrum Policy”), the government aims to promote long-term public interest derived from the use of spectrum as a finite natural resource. The Spectrum Policy is used to coordinate national spectrum management approaches to support the rollout of communications networks for socio-economic national development.

What does government hope to achieve?

The primary purpose of this Spectrum Policy is to address the policy gaps and limitations that were identified in the ICT White Paper, which includes:

• Unclear roles and responsibilities between the minister and the regulator resulting in institutional inefficiencies;
• Gaps in the spectrum management regime with regard to the alignment between national universal service objectives and the licensing of frequency spectrum resources, the setting of spectrum fees, spectrum trading, sharing, re-farming and migration;
• An exclusive spectrum regime which promotes economic growth for a few market players at the expense of broader participation and limited socio-economic development, and therefore an inequitable assignment of spectrum which is in high demand;
• Extending broadband access to rural, remote and under-serviced areas, and failure to “lower the cost of communications”.

The Spectrum Policy derives its enabling principles and guidelines from the 2016 Integrated ICT White Paper policy (“ICT White Paper”), and the 2010 spectrum policy of South Africa. Without deviating from the generality of the ICT White Paper, this policy seeks to utilise the spectrum to drive broader and inclusive economic participation and development for all.  The ICT White Paper of 2016 was received with mixed feelings by the industry and drew opposition to many of its proposals. 

The introduction to the draft regulations states: “The radio frequency spectrum is a finite natural resource that is vital to the growth of South Africa's digital economy, and it is a vital element for development of the electronic communications network infrastructure 

The right of use of spectrum vests with the state and  all sectors should benefit from its use. The spectrum must provide all South Africans with access to a range of private, commercial, defence, national security, scientific and public safety applications.

To ensure social, cultural and sustainable economic development within the country, this Spectrum Policy supports spectrum allocation and licensing of spectrum for fixed, land mobile, broadcasting, aeronautical and maritime, amateur, satellite, science, research and development, community access and other vertical industries and sectors such as manufacturing, mining, agriculture, health, education etc. 

The Spectrum Policy continues to recognise provision of spectrum for government services, public protection and disaster relief (PPDR) services, safety services and state emergency interventions in response to disasters. 

Interested persons are invited to provide written comments on the proposed Spectrum Policy within 30 working days of the date of publication (8 September 2022), addressed to: The Director General, Department of Communications and Digital Technologies, For attention: Mr. T Ngobeni, Deputy Director General, Infrastructure Support.  Email spectrumpolicy@dcdt.gov.za; Telephone: +27 12 427 8000

Note from the editor: The Gazette 46873 is available from www.gpwonline.co.za or drop me an email at hansv@nowmedia.co.za and I will forward a copy to you.