MultiChoice has asked the Independent Communications Authority of South Africa (ICASA) not to include the company in the ongoing discourse around the proposed licensing framework for satellite services.
The video entertainment company made the remarks yesterday, as the regulator heard presentations on the draft satellite framework for South Africa.
MultiChoice argued that it is not clear how the discussion about the proposed framework will impact satellites that are already in orbit and in use.
The DStv operator primarily uses Intelsat for its satellite services, and has, over the years, relied on Intelsat’s satellites to deliver broadcast content to subscribers across Africa.
Former ICASA CEO Willington Ngwepe, who is now executive head of regulatory affairs at MultiChoice SA, said MultiChoice is one of the longest-licensed satellite technology users in the country.
“Having said that, we are very much aware of the key role satellite now plays in the universal provision of broadband. We think it’s very important that whatever approach the authority embarks on should be aligned with the legislative framework, specifically with the ECA [Electronic Communications Act] licensing and regulatory framework.
“While we appreciate that the need for harmonisation is key, we think the harmonisation should be framed within our legislation and must take into account the needs of the country. Satellite providers depend on a harmonised regulatory approach, and that harmonisation differentiates between different types of satellites and their different operational characteristics.
“We also want to highlight the costs associated with the launch of satellites are quite prohibitive. Generally, the viability of a satellite depends on the ability of the satellite to service the country and the footprint.”
How does this apply to us?
Also presenting for the group was Bevan Bates, senior engineer for the broadcast technology division at MultiChoice SA, who said it is unclear to the company what will happen to the satellites that are already in service.
“For us, it’s unclear why broadcast satellite services and fixed satellite services are forming part of the inquiry,” said Bates.
“We also feel that any sort of challenges that ICASA foresees would come from non-geostationary satellite constellations providing internet services to customers. These issues do not relate to BSS [broadcast satellite services] or FSS [fixed satellite services].
“What we propose is that you leave us out of this because we are currently utilising broadcast satellite services and we don’t really see how this scope applies to us and how it will apply to satellites that have already been launched,” he added.
“If ICASA continues with the proposed framework – which we don’t support – then FSS and BSS should be excluded as the existing approach is working well.”
According to the MultiChoice delegation, if South Africa is to fully benefit from satellite technology, its regulatory frameworks should permit open and direct access to all satellite resources that have been properly coordinated through the International Telecommunication Union (ITU).
“It’s not appropriate to put in place additional in-country registration requirements for satellites that have already gone through ITU processes,” said Bates.
MultiChoice believes this would reduce the number of satellites available for use in SA and stifle the availability of innovative technology.
“We recommend ICASA follow the existing approach in our country, wherein once the ITU process is followed and the satellite is launched, it has the right to beam into any country within its footprint without any additional country-specific licensing or authorisation requirements in respect of the satellite – subject to the licensing requirements in the ECA,” said Tebogo Sibidla, attorney and partner at Werksmans, who also represented MultiChoice.
“When we considered the consultation document, it was very difficult for us to understand how the proposed licences will fit into the current regulatory framework,” she added.
The MultiChoice delegation also pointed out that most countries do not require additional licensing or authorisation of space or satellite services after a satellite has undergone the ITU coordination process.
They called for an open skies approach, saying it is being adopted by most countries since it is pro-growth and investment.
According to MultiChoice, Brazil is the outlier, whose approach has not yielded any benefit, and should not be replicated.
No SADC country requires in-country registration of satellites once they have gone through ITU co-ordination process, the delegation added.
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