ICASA Releases Draft Amendments to Radio Frequency Spectrum Regulations for Satellite Services

The Independent Communications Authority of South Africa (ICASA) has announced the publication of Draft Amendments to the Radio Frequency Spectrum Regulations, 2015, and the Radio Frequency Spectrum Fees Regulations, 2010, both in terms of the Electronic Communications Act, 2005.

The publication follows the Authority’s Inquiry into the Licensing Framework for Satellite Services, initiated on 14 August 2024. The Inquiry sought to determine an appropriate regulatory and licensing framework for satellite services in South Africa, including procedures for the authorisation of satellite user terminals, Earth Stations in Motion (ESIM/ESV), and the registration of international satellite operators intending to provide services in the country. The Inquiry further considered the review of spectrum fees in light of the increasing bandwidth requirements associated with satellite systems operating in higher-frequency bands.

“The proposed amendments give effect to the findings of the Inquiry and are intended to provide regulatory certainty, support innovation and investment in satellite services. Furthermore, they will promote efficient spectrum use in South Africa,” stated Councillor Thabisa Faye, the Satellite Licensing Framework Committee Chairperson.

Comprehensive Stakeholder Engagement

The Authority received 47 written submissions from stakeholders and conducted public hearings from 5 to 7 February 2025. Following consideration of the submissions, oral presentations, and supplementary information, ICASA published its findings on 17 April 2025 in Government Gazette No. 52530, Notice 3144.

Key Proposed Amendments

To give effect to these findings, the Authority is proposing amendments to the Radio Frequency Spectrum Regulations, 2015, and the Radio Frequency Spectrum Fees Regulations, 2010.

The draft amendments include several significant provisions:

Earth Stations in Motion (ESIM): The proposed amendments recognise ESIM licences issued by other countries, aligning with international best practices whilst maintaining necessary safeguards to protect national interests. Foreign ESIMs that comply with relevant ITU Resolutions and technical standards are exempt from licensing in South Africa for periods not exceeding 90 calendar days. All ESIMs operating in South Africa must be subject to permanent monitoring and control by a network control and monitoring centre.

Satellite Space Segment Registration: Foreign satellite space segment operators must register with the Authority using Form F and provide details of their systems or networks. The registration is free of charge and does not grant any right to provide services, but promotes transparency and enables the rapid resolution of interference and security issues. Satellite operators providing services in South Africa must coordinate with the Management Authority to mitigate potential interference to astronomy devices and must provide lawful interception capabilities to facilitate implementation of the Regulation of Interception of Communications Act (RICA).

Spectrum Fees Structure: The amendments introduce a frequency-based fee structure for satellite services, with a frequency factor (FREQ) that incentivises operators to use higher, less-congested frequency bands. The formula considers only frequency band and bandwidth in the uplink direction, compatible with an “Open-Sky” approach, whilst introducing a Security (SEC) factor to benefit satellite operations in the security sector.

Public Comment Period

ICASA invites interested persons and stakeholders to submit written representations by 29 June 2026 at 16:00, electronically in Microsoft Word format and marked for the attention of Mr Mandla Mchunu, Project Manager. Written representations should be sent by email to RRamendments@icasa.org.za  with a copy to mmchunu@icasa.org.za

The Government Gazette notices, which set out the draft amendments in full and contain all necessary submission details, can be accessed on the ICASA website at https://www.icasa.org.za 

Regulatory Objectives

The draft amendments seek to strengthen the regulatory framework for satellite services and ensure that spectrum management responds effectively to developments in the sector. By providing regulatory certainty, supporting innovation and investment, and promoting efficient spectrum use, the amendments aim to facilitate the growth of satellite services in South Africa whilst protecting national interests and ensuring compliance with international standards.