Icasa's rules skip the real bottleneck: ACT

Communications regulator Icasa’s draft rapid deployment regulations – a critical intervention for the sector – risk failing unless the regulator brings municipalities into the process, according to Nomvuyiso Batyi, CEO of the Association of Comms & Technology (ACT). Speaking on the TechCentral Show with TechCentral editor Duncan McLeod, Batyi said Icasa had consulted network operators and fibre companies but not the South African Local Government Association, which represents the municipalities that will have to apply the rules. “You cannot just develop regulations without talking to all the parties,” she warned, arguing that Icasa should follow energy regulator Nersa’s approach to municipal engagement. Asked when final rules might realistically be in place, she said 24 months – provided Icasa works through local government first. On enforcement she was more optimistic. Section 21 of the Electronic Communications Act, amended in 2014, already empowers Icasa to set uniform procedures for permits and approvals at a reasonable fee, she said. “A lot of people may have missed the amendment.” The gap is dispute resolution: the draft assumes disputes between licensees, leaving operators without recourse when a municipality refuses a way leave. At Icasa’s public hearings this month, ACT proposed binding municipal deadlines, deemed approval and damages claims for failing to respond to requests in time from telecoms providers. ACT also objects to the detail in Icasa’s proposed national infrastructure database. Batyi supports mapping in principle but said the granularity sought would expose competitively sensitive information and create construction mafia and cybersecurity risks. Beyond rapid deployment, Batyi listed four priorities on her plate: the newly finalised Rica framework agreement on Sim card verification, licence renewals by 2028, Icasa’s end-user and subscriber charter regulations and the Electronic Communications Amendment Bill – which she described as “embarrassing” in its current form. ACT represents Vodacom, MTN, Telkom, Cell C, Rain and Liquid Intelligent Technologies. – © 2026 NewsCentral Media