The Independent Communications Authority of SA (ICASA) wants to have finalised regulations on scarce spectrum by the end of the year.
During hearings covering the draft regulations held yesterday, at the regulator's offices, chairperson Paris Mashile said ICASA wants to get the ball rolling on the allocation of the 2.5GHz and 3.6GHz spectrum. However, he is keen to avoid litigation by an unhappy operator.
The regulator's need to avoid being dragged to court may mean the incumbent operators will have an opportunity to bid on the spectrum, unless the smaller players can find a rock-solid legal means of excluding them.
MTN, Internet Solutions (IS), Cell C and MWeb were among those that presented recommendations to the council yesterday.
All the smaller players are concerned that the incumbents will be allowed access to the coveted allocation. They have suggested various means to exclude those companies that already have access to what is being called WiMax spectrum (spectrum in the 2.5GHz band).
IS senior regulatory officer Siyabonga Madyibi said a simple criteria of 30% empowerment will keep out the bigger players. “They will not be able to represent 30% if it comes down to the crunch.”
However, industry body the Internet Service Providers' Association (ISPA) is unconvinced and has called on the regulator to exclude any company that already has a workable amount of spectrum in the band.