The telecommunications sector is the backbone of the of the
digital economy. Access to spectrum is essential for speedy,
reliable and affordable access to world class networks and
communications which form the basis for online activities and more
broadly, participation in the Fourth Industrial Revolution. The
recent withdrawal of the Electronic Communications Amendment Bill
("EC Amendment Bill) has added to policy uncertainty in
relation to the assignment of spectrum.
Last year the Department of Telecommunications and Postal
Services (now the Department of Communications) issued a Draft
Policy Direction to Independent Communications Authority of South
Africa ("ICASA") on the licensing of unassigned high
demand spectrum ("HDS") for public comment which gave
some insight into how spectrum might be assigned. In terms of the
Draft Policy Direction, the assignment of spectrum to licensees
would have been subject to conditions related to the controversial
Wireless Open