ISPA: VANS can build own networks

Johannesburg, 25 Nov 2004

Although there appears to be some confusion in the industry as to the regulator`s exact interpretations of the ministerial determinations on deregulation, the Internet Service Providers Association (ISPA) is confident it has chosen to interpret them liberally.

The Independent Communications Authority of SA (ICASA) had said, among other things, that value-added network service (VANS) and mobile cellular telecommunications service (MCTS) operators may self-provide their own fixed-lines by obtaining facilities for fixed-lines from a telecoms facility provider of their choice, using those facilities in accordance with its own service licence.

It was then suggested earlier this week by a telecoms analyst that this interpretation meant VANS and MCTS operators would not be able to build their own infrastructure, but would have to get it from infrastructure providers.

"As far as ISPA is concerned, VANS providers are fully entitled to roll-out their own wireless networks, as long as they have ICASA-approved equipment and a licence to use any frequency spectrum used for wireless links," says Ant Brooks, ISPA`s head: regulatory.

"If the regulator intended for VANS providers to use specific facilities providers, I am sure ICASA would have said so."

He says ISPA does feel that ICASA`s take on self-provisioning is interesting, as it precludes VANS from using off-the-shelf WiFi equipment and maintains the current restrictions relating to the ISM band.

"This is good in some respects, as this will prevent clutter on this very important band, but it also means that VANS will have to be very careful how they implement new technologies," says Brooks.

"Legal ISM band use includes WiFi for hotspots, but does not include ISM-band WiFi connections, which cross boundaries."

He says ISPA feels the authority has a good grip on what regulations and issues still need to be sorted out, and the organisation is happy that ICASA has a defined process in place.

"We are also pleased about the aggressive timetable set by the regulator for the amended VANS regulatory framework, although it is a very tight deadline and will be tough to achieve," he says.

"However, I would far rather ICASA sets an early date which is difficult to achieve and misses it by a couple of weeks, than have it set a deadline that is easy to achieve, but drags the whole process out for far too long."