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Woan is me - overview of high demand spectrum policyThe Department of Communications has published its highly-anticipated 'Policy on High Demand Spectrum and Policy Direction on Licensing of a Wireless Open Access Network', which purports to address South Africa's longstanding spectrum scarcity challenges. ![]() © Fedor Selivanov – 123RF.com In the policy, the Minister of Communications directs that a portion of unallocated high demand spectrum must first be assigned to a network category of licensees, known as wireless open access networks (each a Woan) and the remainder must then be assigned to other eligible licensees. Licensees will, as a consequence, be able to either apply for radio frequency spectrum from the Independent Communications Authority of South Africa (Icasa) - in relation to unallocated radio frequency spectrum made available by Icasa for this purpose - or licensees may seek to enter into a commercial relationship with a Woan to utilise radio frequency spectrum licensed to a Woan by Icasa. The policy envisages that a Woan will:
The policy refers to a recent study conducted by the Council Scientific and Industrial Research, which concluded that the following spectrum combinations should be considered as the minimum for a Woan:
The policy also states that preferential treatment must be given to a Woan concerning assignment of certain spectrum within the 700MHz, 800MHz and 2,600MHz bands. A Woan must:
The policy directs Icasa to issue an invitation to apply (each an ITA) for individual electronic communications network service licences in the specific context of a Woan. We await Icasa's response to the policy (both in the form of regulations and ITAs to be issued in response to the policy). Icasa has also been directed by the Minister to investigate and report on the spectrum requirements of 5G in bands lower than 6GHz and the millimetre wave bands in order to inform the licensing of 5G candidate bands. The Minister will thereafter issue a separate policy direction on the 5G candidate bands. About the authorNozipho Mngomezulu, Peter Grealy, Wendy Tembedza, Ziyanda Ngcobo, Karl Blom of Webber Wentzel |