Communications regulator Icasa has published draft regulations that will compel every licensed network operator in South Africa to submit detailed data on their fibre, towers, ducts, poles and planned roll-outs to the regulator on a bi-annual basis.

The draft regulations on the rapid deployment of electronic communications networks and facilities, gazetted on Friday — read them here (PDF) — give effect to the national rapid deployment policy issued by the communications minister in March 2023. Public comments are open for 30 working days, closing in late May.

While the regulations are intended as a tool to accelerate broadband roll-out by streamlining land access and dispute resolution, the most consequential provision is regulation 7, which establishes a national rapid deployment GIS (geographic information system) database.

Licensees will be required to submit accurate, complete and geo-referenced data on the location and type of all passive physical infrastructure – fibre cable routes, copper lines, ducts, poles, manholes and base stations – as well as the owner or operator of the infrastructure and any available physical space or capacity.

Operators must also disclose data on service availability mapped to the lowest possible granularity at the address level, the technology used to provide each service – whether fibre, DSL, 2G, 3G, 4G, 5G or other – and forward-looking information on planned network investments, including designated roll-out areas, projected start and completion dates and the specific technologies to be deployed.

Significant shift

Submissions must conform to prescribed technical standards, including the WGS84 coordinate reference system and supported file formats such as ESRI Shapefile, GeoJSON or GeoPackage.

Failure to comply with the GIS obligations carries a fine of up to R1-million. The same penalty applies to breaches of the compensation framework. Contraventions of the licensee responsibility and entry procedure provisions attract a fine of up to R150 000.

The GIS database represents a significant shift in how infrastructure information is held in South Africa. The country has not previously had a comprehensive, regulator-held map of fixed and mobile network infrastructure, and operators have historically resisted broad disclosure on competitive sensitivity grounds.

Read: SA finally has a broadband map – and it reveals where the gaps are

Forward-looking roll-out disclosure is likely to be the most contested element of the draft, given its commercial sensitivity.

Beyond the database, the regulations prescribe procedures for licensees seeking to enter public or private land for deployment, maintenance or removal activities.

Licensees must obtain all necessary statutory approvals – including environmental, civil aviation, town-planning and traditional land rights approvals where applicable – along with a wayleave certificate from the relevant municipality.

Mandatory consultation with landowners and affected communities is required before any deployment activity begins, and access agreements must be concluded covering access conditions, safety, environmental and heritage protection, reinstatement standards and compensation.

A 30-day written notice period applies for new deployments and 14 days for scheduled maintenance.

Notably, the regulations do not impose binding turnaround times on municipalities for processing wayleave applications, nor do they introduce a deemed-approval mechanism in cases of municipal delay – persistent industry complaints that the rapid deployment policy was widely expected to address.

Operators will still be required to obtain wayleaves in accordance with the by-laws of the relevant authority, largely preserving the status quo at municipal level.

The compensation framework requires good-faith negotiation between licensees and landowners, with reference to market value as determined by an independent valuator and any loss arising from severance or injurious affection. A structured dispute resolution pathway provides for mediation, arbitration or referral to Icasa’s complaints and compliance committee or a competent court.

Public hearings

The regulations come into force on publication in the Government Gazette, with the GIS obligations in regulation 7 taking effect six months after that date.

Written representations must be submitted to Icasa by 4pm, 30 working days from the date of gazetting. The regulator has indicated it may hold public hearings and has invited stakeholders to indicate whether they wish to make oral submissions.