The gazetting on 22 July by the Minister of Communications, Stella Ndabeni-Abrahams, of what is essentially a rapid deployment policy is a welcome development in the roll-out of effective, economical and reliable telecommunications networks in South Africa.
Despite some wide sensationalist interpretations of the policy proposal, the necessity for a rapid deployment policy is apparent following the withdrawal of the deeply flawed Electronic Communications Amendment Act tabled and then withdrawn at the end of the 5th Parliament.
During the discussions and public participation process at the time, one area of common agreement among all stakeholders, including Government, opposition parties, telecommunications companies and civil society was clear – the need for fast, ubiquitous broadband infrastructure and the importance of guidelines in order to remove obstacles to progress in terms of network roll-out.
Chief among these was the deliberate withholding of access to existing infrastructure by national, provincial and local government authorities, as well as in lesser instances, private property owners. This includes utilities such as road, rail, water and electricity infrastructure as well as access to high points such as tall buildings or natural peaks necessary for line-of-sight from transmitter to transmitter.
While the policy aims to remove these impediments to infrastructure deployment, it certainly doesn’t mean that telecoms companies will arbitrarily pitch up at an individual’s home demanding access to the garden to erect a cell phone mast.
Rather, there are many tales of companies laying fibre, for example, to create national broadband network being stopped by local municipalities or landowners in deep rural areas from trenching, leading to delays or very expensive re-routing around disputed areas. Less costly network roll-out means cheaper data costs for consumers.
In the event that access is disputed, an extensive process for an appeals tribunal has been proposed and any legislative changes or regulation flowing from this policy directive must adhere to all existing legislation, including property rights enshrined in the Constitution.
While not perfect, the proposed policy directive is a welcome starting point for rapid deployment guidelines. As the process is still in its infancy, we would urge interested parties to take advantage of the opportunity to make their voices heard by providing written comments in the next 30 days addressed to the Acting Director-General, Department of Communications and Digital Technologies, for attention of Mr. A Wiltz, Chief Director, Telecommunications and IT Policy First Floor, Block A3, iParioli Office Park, 1166 Park Street, Hatfield, Pretoria Private Bag X860, Pretoria, 0001.
The DA will continue to follow this process closely to ensure the rights of property owners are protected in balancing the requirements of the rapid deployment of network infrastructure that will enable South Africa to maintain its leading telecommunications networks on the African continent while continuing to drive data prices down.
Click here to contribute to the DA’s legal action challenging irrational and dangerous elements of the hard lockdown in court