Close Menu
TechCentralTechCentral

    Subscribe to the newsletter

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Facebook X (Twitter) YouTube LinkedIn
    WhatsApp Facebook X (Twitter) LinkedIn YouTube
    TechCentralTechCentral
    • News
      Meta's smart glasses are officially coming to South Africa - Mark Zuckerberg

      Meta’s smart glasses are officially coming to South Africa

      2 October 2026
      Eskom has a R1.20/kWh offer for bitcoin miners

      Eskom has a R1.20/kWh offer for bitcoin miners

      2 October 2026
      Usaasa consults on universal access as its abolition stalls

      Usaasa consults on universal access as its abolition stalls

      2 October 2026
      Frogfoot plots acquisitions as Octotel and MetroFibre weigh a merger - Shane Chorley

      Frogfoot plots acquisitions as Octotel and MetroFibre weigh a merger

      2 October 2026
      Home affairs pulls the plug on the green ID book - Leon Schreiber

      Home affairs pulls the plug on the green ID book

      1 October 2026
    • World
      BMW restructuring plan bets on AI and new models

      BMW restructuring plan bets on AI and new models

      1 October 2026
      OpenAI's rogue agent problem keeps getting bigger - Sam Altman

      OpenAI’s rogue agent problem keeps getting bigger

      28 September 2026
      The new battle over the desktop

      The new battle over the desktop

      23 September 2026
      AMD is now worth a trillion dollars - Lisa Su

      AMD is now worth a trillion dollars

      22 September 2026
      Anthropic weighs new model launch to blunt OpenAI's Astra surge - Anthropic CEO Dario Amodei and OpenAI CEO Sam Altman

      Anthropic weighs new model launch to blunt OpenAI’s Astra surge

      21 September 2026
    • In-depth

      10 days that changed the course of AI

      21 September 2026
      Meta to the AI industry: slow down without us - Mark Zuckerberg

      Meta to the AI industry: slow down without us

      16 September 2026
      Google DeepMind CEO Demis Hassabis. Image: John Sears

      The plan to stop AI from breaking the world

      16 July 2026
      The internet has a Strait of Hormuz problem

      The internet has a Strait of Hormuz problem

      15 July 2026
      AI boom sparks rally, frenzy and fear

      AI boom sparks rally, frenzy and fear

      11 June 2026
    • TCS
      Lexi Novitske, general partner at Norrsken22, on the TechCentral Show

      TCS | Norrsken22’s Lexi Novitske on how China is winning African tech

      1 October 2026
      TCS | Dominic White and Adam Ely on AI agents going rogue

      TCS | Dominic White and Adam Ely on AI agents going rogue

      29 September 2026
      TCS | Octotel's Trevor van Zyl on the fibre merger question

      TCS | Octotel’s Trevor van Zyl on the MetroFibre merger question

      16 September 2026
      Meet the CIO | Shoprite's Chris Shortt on what a supermarket becomes

      Meet the CIO | Shoprite’s Chris Shortt on what a supermarket becomes

      9 September 2026
      Rubicon's EV charging network is profitable - and growing fast - Watts & Wheels

      W&W | Rubicon’s EV charging network is profitable – and growing fast

      8 September 2026
    • Opinion
      South Africa's next energy crisis is in the accounts department - Craig Holmes

      South Africa’s next energy crisis is in the accounts department

      29 September 2026
      The steam engine lesson AI doomsayers keep missing - Sam Clarke

      The steam engine lesson AI doomsayers keep missing

      28 September 2026
      Regulating AI: apply the laws we have first - Dirk de Vos

      Regulating AI: apply the laws we have first

      21 September 2026
      What Revolut can and cannot take from South Africa's banks - Pambos Soteriades

      What Revolut can and cannot take from South Africa’s banks

      15 September 2026
      The end is nigh, and the shares go on sale in October - Duncan McLeod

      The end is nigh, and the shares go on sale in October

      14 September 2026
    • Company Hubs
      • 1Stream
      • Africa Data Centres
      • AfriGIS
      • Altron Digital Business
      • Altron Document Solutions
      • Altron Group
      • Arctic Wolf
      • Ascent Technology
      • AvertITD
      • BBD
      • Braintree
      • CallMiner
      • CambriLearn
      • CM.com
      • Contactable
      • CYBER1 Solutions
      • Digicloud Africa
      • Digimune
      • Domains.co.za
      • ESET
      • Euphoria Telecom
      • HOSTAFRICA
      • Incredible Business
      • iONLINE
      • IQbusiness
      • Iris Network Systems
      • Kaspersky
      • LSD Open
      • Mitel
      • NEC XON
      • Netstar
      • Network Platforms
      • Next DLP
      • Ovations
      • Paracon
      • Paratus
      • Publishared
      • Q-KON
      • SevenC
      • SkyWire
      • Solid8 Technologies
      • Telit Cinterion
      • Telviva
      • Tenable
      • Vertiv
      • Videri Digital
      • Vodacom Business
      • Vox
      • Wipro
      • Workday
      • XLink
    • Sections
      • AI and machine learning
      • Banking
      • Broadcasting and Media
      • Cloud services
      • Contact centres and CX
      • Cryptocurrencies
      • Education and skills
      • Electronics and hardware
      • Energy and sustainability
      • Enterprise software
      • Financial services
      • HealthTech
      • Information security
      • Internet and connectivity
      • Internet of Things
      • Investment
      • IT services
      • Lifestyle
      • Policy and regulation
      • Public sector
      • Retail and e-commerce
      • Satellite communications
      • Science
      • SMEs and start-ups
      • Social media
      • Talent and leadership
      • Telecoms
      • Watts & Wheels
    • Events
    • Advertise
    TechCentralTechCentral
    Home » In-depth » MTN warns of ‘regulatory failure’

    MTN warns of ‘regulatory failure’

    By Editor2 March 2012
    Twitter LinkedIn Facebook WhatsApp Email Telegram Copy Link
    Get breaking news on WhatsApp

    Cellular operator MTN has warned that the Independent Communications Authority of SA’s (Icasa’s) draft proposals for licensing of spectrum in high-demand spectrum bands have the “high risk” of leading to “regulatory failure”.

    Efficient licensing of spectrum in the two bands in question — at 800MHz and 2,6GHz — is seen as crucial to ensuring operators are able to build next-generation wireless broadband networks and extend access outside the country’s urban centres. The bands are particularly well suited to building networks based on next-generation long-term evolution (LTE) technology.

    In its submission to Icasa, MTN argues that the allocation of the spectrum is “probably the most important public policy decision and implementation of such policy in the sector since the liberalisation of the licensing regime”.

    “Getting it right will mean the creation of thousands of jobs, billions of rand of growth and an increase in rural connectivity,” it says. “Of course, it means that getting it wrong will mean the opposite.”

    But MTN says Icasa’s approach carries a high risk of regulatory failure for a number of reasons.

    It says Icasa appears to be rewarding hoarders of spectrum with generous allocations, while preventing those who use their allocation to deliver “access for all” from bidding. “This appears to fly in the face of the ‘use-it-or-lose-it’ principle and the objectives of the [Electronic Communications] Act.”

    By trying to exclude incumbent operators like MTN from participating in building networks, the proposals could also “add costs and delays to the broadband-for-all objective as new networks will need to be built from scratch”.

    Icasa wants to award additional spectrum in the bands to existing licensees, including state-owned Sentech, iBurst parent Wireless Business Solutions and second national network licensee Neotel. “Some recipients may not have the cash to build [networks] in a timely manner, or at all,” MTN says. “For example, for Sentech to roll out a national network will be a significant drain on [national] treasury funds, which could be diverted elsewhere.”

    The operator argues that throughout the world regulators have found it difficult to pick the likely winners correctly and the “risk of regulatory failure is therefore high with the proposed allocation method and almost half of the spectrum being allocated is ‘at the stroke of a pen'”.

    It says 40% of the spectrum has already been allocated to Sentech, WBS and Neotel without regard to prior performance. This raises “serious governance issues” and means some provisions in Icasa’s invitation to apply for access to spectrum could be seen as “discriminatory”. The proposed additional allocations to the three players come with none of the roll-out obligations that will be imposed on other operators, it adds.

    Neotel, it says, will be migrated to the most valuable part of the 800MHz band, with its allocation doubled and no new obligations attached. “This could mean that hundreds of millions of rand are transferred from the SA public to the Neotel shareholders.”

    As a principle, spectrum should be allocated to those are most likely to make best use of it, adding that the industry fragmentation that will result from issuing new licences could increase competition but could also result in “increased unit costs and broadband prices because economies of scale are being fragmented”.

    International evidence suggests such fragmentation is likely to require consolidation to create the network and economies of scale to deliver broadband to everyone, it submits. “Current spectrum trading rules would substantially hamper this process and require revisiting if the authority is to press ahead with these plans.”

    MTN has also taken issue with Icasa’s proposal to enforce a wholesale-only open-access model as a licence condition, arguing this would be “globally unique” and assumes wholesale capacity is easy to deploy by new operators. It says the “jury is still out as to whether commercial, wholesale-only models (such as Russia) are even viable”.

    “Recent evidence from the US, where commercial 4G wholesalers Clearwire and Lightsquared appear to be heading for bankruptcy, suggest the proposed business model is not proven at all.”

    MTN says that to protect against the risk of regulatory failure, Icasa must first create “more liquid downstream markets through carefully crafted spectrum trading rules”.

    “Logic and fairness dictates that such rules should be published before asking potential bidders to put a value on spectrum in an auction.”

    MTN argues that Icasa’s proposal for making spectrum available is contrary to the recommendations made by the National Planning Commission in its National Development Plan, which says, among other things, that spectrum should be fully tradable once allocated” and that “spectrum policy should favour competition but incumbents should not be excluded from gaining access to bands they need to build networks using new technologies”.

    Icasa’s draft documents, on the other hand, “effectively exclude MTN, Vodacom, Cell C and Telkom from direct participation to the allocation process” in the 2,6GHz band. Icasa also makes no reference to the “critical” issue of spectrum trading.

    Like its rival Cell C, MTN reckons Icasa’s process, which is running parallel to a process underway at the department of communications to develop policy directions, is “procedurally unfair”. It argues that the process should be “stayed until a holistic and carefully considered national debate takes place using the policy directions process”.

    Like Cell C, it argues that process will be “tainted by administrative illegality and be subject to judicial review”. It says this could be avoided if the Icasa process was put on hold to allow for “administrative action that is ‘procedurally fair’”.

    Icasa is expected to hold public hearings in the next few months to hear verbal submissions from the operators and other interested industry stakeholders.  — Duncan McLeod, TechCentral

    • See also: Cell C skewers Icasa over spectrum plan
    • Subscribe to our free daily newsletter
    • Follow us on Twitter or on Google+ or on Facebook
    • Visit our sister website, SportsCentral (still in beta)
    Add TechCentral as a preferred source on GoogleFollow TechCentral on Google NewsGet breaking news on WhatsApp


    Clearwire iBurst Icasa LightSquared MTN Neotel Sentech WBS Wireless Business Solutions
    WhatsApp YouTube
    Share. Facebook Twitter LinkedIn WhatsApp Telegram Email Copy Link
    Previous ArticleStart-up Snaglur: SA’s Tumblr?
    Next Article Pay TV gears up for battle royal

    Related Posts

    Usaasa consults on universal access as its abolition stalls

    Usaasa consults on universal access as its abolition stalls

    2 October 2026
    Frogfoot plots acquisitions as Octotel and MetroFibre weigh a merger - Shane Chorley

    Frogfoot plots acquisitions as Octotel and MetroFibre weigh a merger

    2 October 2026
    MTN loses bid to halt US Anti-Terrorism Act claims

    MTN loses bid to halt US Anti-Terrorism Act claims

    29 September 2026
    Company News
    Huawei sets out its vision for intelligent government at GovTech 2026

    Huawei sets out its vision for intelligent government at GovTech 2026

    2 October 2026
    A simple guide to modern laptop processors for small businesses - Incredible

    A simple guide to modern laptop processors for small businesses

    2 October 2026
    Cloud and AI won't deliver value on their own, executives warn

    Cloud and AI won’t deliver value on their own, executives warn

    1 October 2026
    Opinion
    South Africa's next energy crisis is in the accounts department - Craig Holmes

    South Africa’s next energy crisis is in the accounts department

    29 September 2026
    The steam engine lesson AI doomsayers keep missing - Sam Clarke

    The steam engine lesson AI doomsayers keep missing

    28 September 2026
    Regulating AI: apply the laws we have first - Dirk de Vos

    Regulating AI: apply the laws we have first

    21 September 2026

    Subscribe to Updates

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Latest Posts
    Meta's smart glasses are officially coming to South Africa - Mark Zuckerberg

    Meta’s smart glasses are officially coming to South Africa

    2 October 2026
    Eskom has a R1.20/kWh offer for bitcoin miners

    Eskom has a R1.20/kWh offer for bitcoin miners

    2 October 2026
    Usaasa consults on universal access as its abolition stalls

    Usaasa consults on universal access as its abolition stalls

    2 October 2026
    Frogfoot plots acquisitions as Octotel and MetroFibre weigh a merger - Shane Chorley

    Frogfoot plots acquisitions as Octotel and MetroFibre weigh a merger

    2 October 2026
    © 2009 - 2026 NewsCentral Media
    Built and maintained by Chronon
    • Cookie policy (ZA)
    • TechCentral – privacy and Popia

    Type above and press Enter to search. Press Esc to cancel.

    Manage consent

    TechCentral uses cookies to enhance its offerings. Consenting to these technologies allows us to serve you better. Not consenting or withdrawing consent may adversely affect certain features and functions of the website.

    Functional Always active
    The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
    Preferences
    The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
    Statistics
    The technical storage or access that is used exclusively for statistical purposes. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
    Marketing
    The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.
    • Manage options
    • Manage services
    • Manage {vendor_count} vendors
    • Read more about these purposes
    View preferences
    • {title}
    • {title}
    • {title}
    🇿🇦 Sign up to the TechCentral newsletter