ICASA Clarifies Licensing Rules for Satellite Constellation Operators in South Africa
South Africa’s communications regulator, the Independent Communications Authority of South Africa (ICASA), has issued a notice setting out the licensing requirements for operators seeking to provide services in the country using a satellite constellation, following a series of enquiries from prospective satellite operators.
The notice, published in the Government Gazette on 29 June 2026 and signed by ICASA Chairperson Mothibi G Ramusi, sets out that three categories of licence are required to operate satellite constellation services within South Africa: an Individual Electronic Communications Service (I-ECS) licence, an Individual Electronic Communications Network Service (I-ECNS) licence, and one or more Radio Frequency Spectrum (RFS) licences.
Licensing pathway remains constrained
The regulator noted that the granting of I-ECNS licences can only proceed once a policy direction has been issued by the Minister, in line with Section 5(6) of the Electronic Communications Act. Additionally, the Department of Communications and Digital Technologies issued a policy direction in August 2025 instructing ICASA to open an inquiry into the need for new I-ECNS licence applications, and the regulator confirmed that this inquiry remains underway.
In the absence of a policy direction or an Invitation to Apply, ICASA said prospective operators may instead pursue commercial negotiations with existing I-ECNS or I-ECS licensees for the transfer of their licences, although the Authority itself is not a party to such arrangements. Furthermore, an I-ECS licence application, unlike its I-ECNS counterpart, does not require a ministerial policy direction and may proceed once ICASA publishes an Invitation to Apply in the Government Gazette.
Spectrum obligations set out clearly
On the question of spectrum, the notice leaves little room for ambiguity. Section 31(1) of the Electronic Communications Act provides that no person may transmit or receive a signal by radio except under an RFS licence granted by the Authority. Section 31(2) further establishes that a service licence and a spectrum licence are each required in addition to the other, wherever the provision of a service entails the use of radio frequency spectrum.
Where several operators intend to use the same satellite constellation within the same frequency band, ICASA said they would be required to apply for spectrum sharing on a coordinated basis. Regulation 18(3) of the Radio Frequency Spectrum Regulations allows two or more persons to apply for spectrum assignments on a shared basis, subject to a sharing agreement being submitted to the Authority for approval. Additionally, ICASA may, at its discretion and for certain frequency bands, require licensees on a shared assignment to jointly submit a spectrum-sharing coordination agreement.
Scenarios for constellation operators
The notice outlines several non-exhaustive scenarios for how licensing would apply in practice. A single entity providing services directly using a satellite constellation would need to hold an I-ECS, an I-ECNS and the relevant RFS licences. Alternatively, an entity operating on a wholesale basis to other ECS licensees would require only an I-ECNS and RFS licences, unless it also intends to serve end users directly, in which case an I-ECS licence would additionally be needed.
Where multiple entities operate independently using the same constellation, each would be required to hold its own I-ECS, I-ECNS and RFS licences. Furthermore, an entity intending merely to resell services obtained from an existing ECS licensee would instead need to apply for a licence exemption under Regulation 13 of the Licensing Processes and Procedures Regulations for Class Licences.
Gateway earth stations addressed
On infrastructure, the notice confirms that operating a Gateway Earth Station (GES) within South Africa requires an I-ECNS licence together with the relevant RFS licences. Where multiple GESs connecting to the same constellation are operated by different I-ECNS licensees, ICASA said these entities would operate independently of one another, each requiring its own licences.
The regulator distinguished between spectrum sharing and spectrum re-use, noting that GESs operated by a single entity for the same constellation at different locations are re-using, rather than sharing, the same RFS. However, where the GES associated with a satellite network is not located within South Africa, ICASA said the applicant would need to demonstrate to the Authority how lawful interception would be carried out.