Overview
- The Independent Communications Authority of South Africa has proposed amendments to the radio frequency spectrum regulations.
- The Draft Amendments are an attempt to align South Africa’s regulatory framework with international best practice and encourage foreign investment, while also introducing safeguards to protect national interests and existing radio astronomy resources.
- The Draft Amendments propose three important changes including a framework for the operation of earth stations in motion; a registration process for foreign satellite space segment operators; and a review of the existing spectrum fees.
- Written representations on the Draft Amendments must be submitted by 29 June 2026.
On 15 May 2026, South Africa’s electronic communications regulator, the Independent Communications Authority of South Africa (ICASA), published draft amendments to the Radio Frequency Spectrum Regulations, 2015 and the Radio Frequency Spectrum Fees Regulations, 2010 (Draft Amendments). In an accompanying media statement, ICASA indicated that the Draft Amendments will ‘provide regulatory certainty, support innovation and investment in satellite services, and promote efficient spectrum use in South Africa’.
The Draft Amendments propose three important changes to the regulatory framework, together with various new definitions, including: (i) a framework for the operation of earth stations in motion (ESIMs) in South Africa, (ii) a registration process for foreign satellite space segment operators; and (iii) a review of the existing spectrum fees, taking into account the increasing amount of bandwidth used by satellite systems operating in higher frequency bands, and the need to develop a balanced methodology for calculating fees.
ESIMs
The Draft Amendments define an ‘ESIM’ as an earth station placed on a moving platform that communicates with geostationary-satellite orbit (GSO) or non-GSO systems operating in fixed satellite service, including earth stations on vessels and aircraft. The Draft Amendments require that:
- Satellite operators ensure that the operation of satellite services, and transmissions to ESIMs within South Africa, are carried out only with the authorisation of ICASA (which can only be granted to satellite networks filed with the ITU Radiocommunication Bureau under articles 9 and 11 of the ITU Radio Regulations);
- Any equipment used for transmission complies with the relevant technical specifications and meets applicable type approval requirements for installation and operation in South Africa; and
- ESIMs are subject to permanent monitoring and control by a network control and monitoring centre, or an equivalent facility, and are capable of receiving and acting on at least ‘enable transmission’ and ‘disable transmission’ commands from that centre.
The Draft Regulations provide that ICASA will, inter alia, seal or seize any radio apparatus where the operation of satellite services and transmission to ESIMs have not been authorised by ICASA.
However, the Draft Regulations do create a temporary licensing exemption for foreign ESIMs which comply with specified International Telecommunication Union and European Telecommunications Standards Institute instruments, provided such ESIMs are in South Africa for a period not exceeding 90 calendar days. Similarly, a foreign ESIM on an aircraft, ship or land mobile vehicle that is authorised or registered in its country of origin requires no licensing if the ESIM is in South Africa for a period not exceeding 90 calendar days. It is not clear how ICASA will monitor these proposed time periods.
Finally, the Draft Amendments provide that an ESIM operator cannot claim protection or impose constraints on the development of terrestrial services in South Africa. If ICASA receives a report of harmful interference from licensees that operate terrestrial systems, ICASA may require that the ESIM transmission cease immediately.
Satellite Space Segment
The Draft Amendments define ‘space segment’ to mean a satellite or satellite constellation network operating in space to communicate with its associated ground station. The Draft Amendments require that:
- Foreign satellite space segment operators register with ICASA and provide details of their systems or networks; this registration is free of charge and does not confer any right to provide services in South Africa;
- Before commencing operations, satellite space segment operators must coordinate with the Department of Science, Technology and Innovation, which is responsible for safeguarding South Africa’s strategically important astronomy zones, in order to mitigate potential interference with protected astronomy devices; and
- Satellite space segment operators providing services in South Africa must: (i) provide and maintain lawful interception capabilities to facilitate the implementation of the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002 (RICA); and (ii) manage interference by limiting unwanted emissions.
In the Explanatory Memorandum (which was published with the Draft Amendments), ICASA confirms that registration creates a centralised, authoritative list of all foreign satellite networks who are providing or intend on providing services in South Africa. This improves ICASA’s situational awareness of active satellite systems or networks without imposing full licensing burdens. ICASA further clarifies that the registration process is aimed at establishing direct contact between ICASA and satellite operators so as to allow rapid resolution of interference and security issues, without creating an additional burden to enter the market. In terms of the Draft Amendments, a fine of up to ZAR 5 million may be imposed in the event of any contravention of the provisions set out above relating to radio astronomy, RICA-compliance, or interference.
Process and Next Steps
The publication of the Draft Amendments follows ICASA’s Inquiry into the Licensing Framework for Satellite Services (Inquiry), which was initiated on 14 August 2024. The purpose of the Inquiry was to develop a new regulatory framework that is investor-friendly, fosters innovation and competition, and supports universal access to communications services through next-generation satellite technologies. Following a period of public consultation, in which various international operators, such as Amazon (in relation to its Project Kuiper) and SpaceX, made representations, ICASA published a Findings Document on the Inquiry on 17 April 2025.
The Draft Amendments are the latest step in implementing ICASA’s Findings Document and are, in essence, an attempt to align South Africa’s regulatory framework with international best practice, remove barriers to deployment, and encourage foreign investment, while also introducing safeguards to protect national interests, incumbent services that share the same frequency bands, and existing radio astronomy resources.
Interested parties have been invited to submit written representations on the Draft Amendments by 29 June 2026.
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Read the original publication at Bowmans
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