[23 May 2024]

The National Treasury has released an assessment of the implementation of phase 1 of Operation Vulindlela.

Operation Vulindlela Phase 1 Assessment: Evaluating advancements in South Africa’s economic reform initiative

A primary goal of phase 1 was to lower costs and enhance the quality of digital communications. The findings are encouraging:

All of the priority reforms identified by the Department of Communications and Technologies for the telecommunications sector in its first phase have been completed, and today South Africa enjoys cheaper data and faster internet than three years ago.

KEY ACHIEVEMENTS TO DATE INCLUDE THE FOLLOWING:

• • Completing the auction of high demand spectrum
    In March 2022, ICASA successfully concluded the auction of high demand spectrum, through which six mobile operators were awarded spectrum with a value of over R14 billion. The auctioned spectrum has enabled the rollout of more advanced 5G networks, a reduction in data costs, and improved network quality.
  • Switching off analogue transmission to enable the release of spectrum
    Analogue transmission was switched off on 31 July 2023 for frequencies above 694 Megahertz (MHz). This marked a significant milestone, as auctioned spectrum that remained in use by television broadcasters was released to mobile network licensees. Work is now underway to end dual illumination and switch off the remaining analogue broadcasting services below 694 MHz by 31 December 2024.This will officially mark the conclusion of the digital migration process.
  • Streamlining the regulatory framework for the deployment of telecommunications infrastructure
    A key milestone was reached with the finalisation of the Standard Draft By-Law for the Deployment of Electronic Communications Facilities as well as the National Policy on Rapid Deployment of Electronic Communications Infrastructure. Together, these will facilitate more rapid and cost-effective deployment of telecommunications infrastructure, including at a municipal level.
  • Securing approval of the Next Generation Radio Frequency Spectrum Policy
    The policy, which was gazetted for public comment in September 2022, has now been approved by Cabinet. It aims to advance the availability of spectrum along with flexibility of its use, including through the establishment of a secondary market for spectrum, promote competiton in the assignment of spectrum, and achieve optimum spectrum pricing.

[5 February 2024]

The South African government’s Department of Communications and Digital Technologies (DCDT) is seeking feedback on the National Rapid Deployment Policy for electronic communications infrastructure.

Launched in April 2023, the policy aims to streamline the deployment process. To assess its impact, the DCDT is circulating a questionnaire.

Even though the policy is relatively new, the DCDT is taking a proactive approach by gathering feedback. All interested parties, especially licensees (those with permission to operate electronic communications networks), are encouraged to participate in the survey by February 29th, 2024 (responses can be sent to vmthembu@dcdt.gov.za). Even if you haven’t experienced improvements yet, your input is valuable.

M&E Questionnaire for ECNS licensees re rapid deployment policy implementation Final (Word document)

[11 September 2023]

The Presidency has issued a quarter 2 update on Operation Vulindlela for 2023.

Operation Vulindlela 2023-24 Q2 Report

[31 May 2023]

The Presidency has issued a quarter 1 update on Operation Vulindlela for 2023.

Operation Vulindlela 2023_24 Q1 Report

[10 April 2023]

The Minister of Communications and Digital Technologies has issued the following:

National Policy on Rapid Deployment of Electronic Communications Networks and Facilities

The rapid deployment policy outlined in Chapter 9 of the 2016 ICT White Paper is no longer in effect. This policy takes its place.

Policy Direction on Rapid Deployment of Electronic Communications Networks and Facilities

This mandates ICASA to develop regulations to operationalize specific elements of this Policy.

Following the policy’s completion, ICASA will move forward by creating draft regulations for public comment.

Briefly, the Policy Direction outlines:

2.1 The Minister directs the Authority, in terms of section 21 read with section 3(2) of the ECA, to prescribe regulations on the rapid deployment of electronic communications networks and facilities (broadband infrastructure). The regulations must include procedures and processes for resolving disputes that may arise between a licensee and a property owner or any affected person whose rights or legitimate expectations may be materially and adversely affected when a licensee enters upon and uses public and private land for the deployment of broadband infrastructure. The regulations must promote the public interest in the rapid rollout of broadband infrastructure.

2.2 The procedures and processes contemplated in paragraph 2.1 may include –

a) the manner, costs of and time within which a decision must be made;

b) the implementation and publication of decisions made in terms of the dispute resolution procedure; and

c) how reasonable compensation may be determined.

2.3 The Authority must, in the development of the rapid deployment regulations, consider any policy on the rapid deployment of electronic communications networks and facilities issued by the Minister.

[24 February 2023]

The Ministry released standard guidelines for municipalities to streamline the deployment of electronic communication facilities. However, these guidelines need to be adopted by each municipality to become enforceable within its jurisdiction.

Standard Bylaws for Deployment of Electronic Communications Facilities

[19 September 2022]

The Standard Draft By-laws for placing electronic communication equipment (like cell towers and fiber optic cables) are now available for public review. This is your chance to weigh in on the rules.

Submissions are due on October 28th, 2022.

Here’s how to submit your comments:

• Email: ThabangiL@cogta.gov.za
• Attention: Mr. Sonwabile Nkayitshana
• Department: Director-General: Cooperative Governance

Standard Draft By-laws for the Deployment of Electronic Communications Facilities

[7 August 2022]

The Presidency issued a quarter 2 update for 2022

Operation Vulindlela Progress Update Q2 2022

[9 April 2022]

The Presidency had issued an update on progress with Operation Vulindlela, which was established in October 2020 as a joint initiative of the Presidency and National Treasury to accelerate the implementation of structural reforms. A focus area of the initiative had been reducing the cost to communicate and improving the quality of digital communications through:

• Completion of the high-demand spectrum auction (done)
• Completion of the broadcasting digital migration (BDM) process (scheduled to be completed by end June 2022)
• Finalisation of rapid deployment policy and policy direction (experiencing delays / implementation challenges but expected to be completed during May 2022)
• Streamlining of process for wayleave approvals (on schedule to be completed by October 2022)

Operation Vulindlela Progress Update Q1 2022

[4 November 2020]

In July 2020, during the COVID-19 national disaster, a Memorandum of Understanding (MOU) was established between the Department of Communications and Digital Technologies (DCDT) and the Department of Co-operative Governance and Traditional Affairs (COGTA). This MOU aimed to expedite the deployment of electronic communication infrastructure in response to the crisis. The MOU was valid for the duration of the national disaster, plus an additional 30 days.

20200721 MoU between COGTA and DCDT

[8 August 2020]

Summary of Draft Policy & Policy Directions on Rapid Deployment August 2020

[22 July 2020]

The Department of Communications and Digital Technologies has released a draft policy and directions for public comment, aimed at accelerating the rollout of electronic communications networks and facilities.

Submissions are open until September 3rd, 2020. Here’s how to participate:

• Online: Submit electronically to rapid@dtps.gov.za
• Mail: The Acting Director-General
  Department of Communications and Digital Technologies
  Attn: Mr. A Wiltz, Chief Director, Telecommunications and IT Policy
  1st Floor, Block A3, iParioli Office Park
  1166 Park Street, Hatfield, Pretoria
  Private Bag X860, Pretoria, 0001
• Contact: (Cell) 083 714 0126 (Mr. L Motlatla)

Draft Policy Direction on Rapid Deployment of Electronic Communications Networks and Facilities 22 July 2020

[15 August 2015]

The Department of Telecommunications and Postal Services (DTPS) has made progress in developing a policy to expedite the rollout of electronic communication infrastructure. Analysys Mason, a consulting firm, has completed the initial phase and drafted a discussion paper outlining the concept for a “Rapid Deployment Policy.”

This discussion paper is currently available on the DTPS website for informational purposes, but public comment is not yet open. However, a public workshop is scheduled for August 21st, 2015, to discuss the proposed policy based on the discussion paper’s ideas.

Following the workshop, the DTPS will finalize a draft policy and publish it in the government gazette, likely opening a 30-day public comment period. Analysys Mason also indicates that a document explaining the rationale behind the final policy will be released alongside it.

This is a positive development, and hopefully, progress will continue to ensure a more efficient rollout of communication infrastructure in South Africa.

Discussion Paper on the Development of a Rapid Deployment Policy for Electronic Communications Infrastructure

[22 June 2015]

South Africa’s Department of Telecommunications and Postal Services (DTPS) has selected Analysys Mason to develop a policy for the fast rollout of electronic communications infrastructure. This decision was announced during a presentation on June 2nd, 2015, where the Minister of Telecommunications and Postal Services revealed a budget of R5,379,600 allocated for this rapid deployment policy.

Panel of Experts Presentation to PC TPS 150602 Revised

ICT_Policy Presentation (D-G) to PC TPS 150602 Revised_ICT_Policy

[13 May 2015]

A significant hurdle for building electronic communication networks in South Africa is the long list of permits and approvals needed before construction can begin. Recognizing this, Parliament included Section 21 in the Electronic Communications Act (ECA) of 2005. This section aimed to create a “one-stop shop” to streamline the permission process, saving time and money for network builders. This approach addressed a real problem: the complex permitting system contributes to higher deployment costs, ultimately leading to higher communication costs for South Africans.

Following the enactment of the Electronic Communications Amendment Act 1 of 2014 on May 21st, 2014, Section 21 was amended to now read:

Rapid deployment of electronic communications facilities

(1)   The Minister must, in consultation with the Minister of Cooperative Governance and Traditional Affairs, the Minister of Rural Development and Land Reform, the Minister of Water and Environmental Affairs, the Authority and other relevant institutions, develop a policy and policy directions for the rapid deployment and provisioning of electronic communications facilities, following which the Authority must prescribe regulations.

(2)   The regulations must provide procedures and processes for-

(a)        obtaining any necessary permit, authorisation, approval or other governmental authority including the criteria necessary to qualify for such permit, authorisation, approval or other governmental authority; and

(b)        resolving disputes that may arise between an electronic communications network service licensee and any landowner, in order to satisfy the public interest in the rapid rollout of electronic communications networks and electronic communications facilities.

(3)   The policy and policy directions contemplated in subsection (1) must be made within twelve (12) months of the coming into operation of the Electronic Communications Amendment Act, 2014.

A year-long deadline for the Minister of Telecommunications and Postal Services to finalize a policy for deploying communication facilities is approaching on May 21st, 2015. However, there’s no indication of progress on the policy or consultations with other relevant ministers.

• This lack of clear guidelines, despite the Electronic Communications Act (ECA) being in effect for nearly nine years, has led to court battles. The tension lies between:

  • The rights of communication network providers (ECNS licensees) to install facilities on public or private land under the ECA.
  • The rights of municipalities to manage their assets and control their jurisdictions.
  • The rights of private landowners.

• A recent court case addressed this issue, with a judgment expected in the coming months. Current court rulings suggest:

  • ECNS licensees may not need landowner consent when deploying facilities under specific sections of the ECA (similar to existing Telkom phone lines).
  • Licensees must still comply with other relevant laws (as long as they don’t contradict the right to deploy without consent).
  • Licensees are exercising a public power and must follow fair and reasonable procedures under the Promotion of Administrative Justice Act (PAJA). Landowners can challenge unfair practices in court.
  • While compensation isn’t mandatory, offering it might help ensure fair treatment for landowners.

In essence, the lack of a clear policy creates uncertainty for infrastructure deployment. The upcoming court judgement may provide some guidance, but a comprehensive policy is still needed.