A body representing South Africa’s largest telecommunications operators has warned that Icasa’s proposed national infrastructure database could create national security risks and has accused the ICT sector regulator of failing to tackle the municipal wayleave bottleneck that has long throttled broadband roll-out.
In preliminary feedback to TechCentral on the draft rapid deployment regulations gazetted on Friday, the Association of Comms & Technology (ACT), which represents the country’s six biggest telecoms operators, said the centralisation of detailed network infrastructure data may create national security risks if not adequately safeguarded.
ACT CEO Nomvuyiso Batyi said the requirement to submit detailed data on network locations, capacity and planned investments raised serious concerns about the protection of commercially sensitive information, and that greater clarity was needed on who would have access to the data, the level of detail to be shared and the safeguards against misuse or unauthorised disclosure.
The draft regulations, which give effect to government’s 2023 national rapid deployment policy, require every licensed network operator to submit geo-referenced data on fibre routes, ducts, poles, manholes, towers and base stations to Icasa on a bi-annual basis. Operators must also disclose service availability at the address level and forward-looking information on planned roll-outs, including target areas, timelines and technologies.
Failure to comply with the GIS obligations carries a fine of up to R1-million.
Consistent by-laws
ACT is concerned that the draft regulations leave the core problem – fragmented and unpredictable municipal approval processes – largely unaddressed. The lobby group said the draft does not resolve the historically constrained network roll-out environment, including fragmented municipal approval systems, variable and sometimes opaque fee structures, and long, unpredictable approval periods that undermine investment planning.
Icasa’s draft does not impose binding turnaround times on municipalities for processing wayleave applications. Nor does it introduce a deemed-approval mechanism in cases of municipal delay – both persistent industry asks that the rapid deployment policy was expected to address.
Read: Icasa moves to mandate national infrastructure database
ACT wants Icasa to work with the department of communications & digital technologies, the department of cooperative governance & traditional affairs and the South African Local Government Association to enforce consistent municipal wayleave by-laws. It is also calling for a “de facto single-window” approval process to cut through red tape.
“The biggest risk is that the process becomes more complex rather than faster,” Batyi said.
ACT has raised three further structural concerns. The proposed penalties – particularly the R1-million GIS fine – are potentially disproportionate given the complexity of the requirements, and at a level that may deter investment rather than encourage compliance, it said.
The six-month implementation window for the GIS obligations has also been flagged as insufficient for licensees to develop the necessary systems and processes, with smaller operators likely to feel the strain most acutely.
The lobby group also wants the regulations formally to recognise tower companies and passive infrastructure providers, and to align with the facilities leasing and licensing frameworks. Rapid deployment relies on facilities leasing and key stakeholders like tower companies, ACT said, and any lasting framework must extend beyond Icasa’s traditional scope.
Comprehensive submission
A requirement in the draft regulations that operators disclose forward-looking roll-out plans – including designated areas, projected start and completion dates and the specific technologies to be deployed – looks likely to be one of the most commercially contested elements of the draft, with operators concerned that competitors would gain visibility into each other’s investment strategies.
ACT said its preliminary response would be followed by a comprehensive submission once it had consulted further with its members. Public comments on the draft regulations close in late May. — (c) 2026 NewsCentral Media
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