Sunday Times

‘Network nationalis­ation’ plan slammed as huge risk

- DUNCAN McLEOD

THE government’s radical plan to shake up the way radio frequency spectrum is allocated in South Africa has been met with universal derision by ICT analysts and experts, who say it takes huge and unnecessar­y risks that could cause irreparabl­e harm to the sector.

Telecommun­ications Minister Siyabonga Cwele this week took the wraps off the long-awaited national integrated ICT policy white paper, which proposes sweeping changes to the way the sector is regulated.

Although some aspects of the policy have been welcomed — such as a chapter that will make it quicker for operators to deploy infrastruc­ture by removing red tape — the government’s plan for a wireless wholesale open-access network, to which all new spectrum will be allocated, has drawn intense fire.

Not only does the government not want to license any more “exclusiveu­se” spectrum to the mobile operators, it is also threatenin­g to take away the existing spectrum assignment­s they’ve used to make tens of billions of rands’ worth of investment­s in 2G, 3G and 4G networks.

The government has said it plans to reserve large tracts of spectrum exclusivel­y for the wholesale openaccess network in which telecoms companies, including the mobile operators, will, in effect, be forced to participat­e. MTN and Vodacom, which this year will spend a record combined R20-billion on their networks, are livid.

Publicatio­n of the white paper comes in the week that Cwele secured an urgent interdict preventing communicat­ions regulator Icasa from going ahead with a plan to auction off access to three spectrum bands that mobile operators need to expand their 4G/LTE networks. The operators are running out of spectrum, the lifeblood of their businesses, and say this is preventing them from expanding access and cutting data prices.

DA MP Marian Shinn this week described the white paper as “socialist” and “monopolist­ic on a fundamenta­l level”.

The most radical component of the policy was to have a “monopolist­ic, price-regulated wholesale mobile network consortium with exclusive access to all the nation’s spectrum”, she said.

Dobek Pater, MD of consultanc­y Africa Analysis, said the government wanted to attempt something that “hasn’t really been tested anywhere”. Although Mexico and Rwanda have embarked on similar strategies, the success of those projects has not yet been ascertaine­d.

“We are going to be at the bleeding edge in testing this concept in a country where we don’t have the resources and where we cannot afford the risk,” Pater said.

Also, neither Mexico nor Rwanda has reserved all unlicensed “highdemand” spectrum (spectrum where demand is greater than supply) for a wholesale network, as South Africa is proposing.

The few other markets that are toying with the idea, including Russia, appear to have put their plans on the back burner.

Richard Majoor, an equity analyst at Macquarie Group, said the government was wrong to attempt to emulate the Mexican model.

“América Móvil has 70% mobile market share, and its fixed-line subsidiary Telmex has 80%,” Majoor said. “After the failure of 14 mobile virtual network operators, Mexico’s wholesale open-access network is seen as a radical measure to attempt to break the market dominance of Carlos Slim’s companies.”

Also, unlike the proposal in South Africa, Mexico is not reserving all future spectrum for the network, but only spectrum in the 700MHz band.

“The mobile industry will continue to operate as normal. It is incorrect to draw parallels with Mexico, and indeed what is proposed in South Africa is a world first,” Majoor said.

“Neither Icasa nor the Department of Telecommun­ications has ever shown concern with economic investment or the economic contributi­on of the telecoms sector. Instead, the common focus has been lowering of prices and provision of universal service as opposed to finding a fair balance between profit and social benefit,” he said.

“Over the past few years, only two of the four or five mobile operators in South Africa have been profitable, and it appears that the focus of the policy is to redistribu­te that earnings flow.

“Government’s new policy not only leaves no options available to MTN and Vodacom to acquire more spectrum, it also seeks to, when convenient, expropriat­e their spectrum through the nonrenewal of their licences. This would either force the incorporat­ion of their radio network assets into the wholesale open-access network, or leave them impaired. This goes against all internatio­nal best practice where there is a reasonable expectatio­n of SPECTRUM: Critics say government plans threaten private investment in telecommun­ications infrastruc­ture

MTN and Vodacom, which this year will spend R20billion on their networks, are livid

spectrum renewal.

“The fact that spectrum is treated as private property is the precise reason the operators are prepared to make investment­s, and without such assurances, it would be expected that future investment would cease,” Majoor said.

He predicted that the white paper was headed to the courts and that operators would prevail, at least until the law is changed. “As long as the legal status quo prevails, it is not a time to panic. However, if changes to legislatio­n are made, as proposed in the white paper, which removes Icasa’s constituti­onal protection and transforms it into an implemente­r of government decree, a reassessme­nt of investment risks would be in order.”

Research ICT Africa has also condemned the white paper, warning that implementi­ng a mandatory open-access wireless network would threaten investment.

 ?? Picture: ESA ALEXANDER ??
Picture: ESA ALEXANDER

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