South Africa's communications minister, Solly Malatsi, has issued a policy direction to the regulator ICASA aimed at lowering the cost of building and sharing broadband networks.
The direction
The direction was signed on 19 October 2026 and published in the Government Gazette. It asks ICASA to review the Facilities Leasing Regulations of 2010 and to develop rapid deployment regulations. Malatsi said the aim is "reducing the cost of broadband communication" by removing "cumbersome and fragmented administrative compliances".
On facilities leasing (the rules for renting towers, ducts and other infrastructure between operators), ICASA is directed to:
- prescribe a list of essential facilities;
- consider prescribing wholesale rates;
- shorten the timeframes for negotiating, concluding and implementing leasing agreements;
- strengthen monitoring and enforcement, including filing all agreements with the regulator.
TechCentral notes that the Electronic Communications Act has required an essential facilities list since 2005, but the 2010 regulations include neither the list nor rates. The direction also discourages unnecessary duplication of networks where existing facilities are available, particularly from licensees with extensive national networks. It accepts that duplication can be justified for commercial reasons such as redundancy.
Disputes, landowners and a network map
ICASA is asked to set up a dispute process. A dispute would have to be declared at least 14 days before work needing land access begins, and the licensee may not continue deploying while the dispute is resolved. TechCentral says ICASA should consider an urgent interim procedure for this. Landowners can only be brought into the process with their consent.
ICASA must also build a central GIS database of networks as a priority, with licensees updating their data at least once a year. Operators have objected to similar data demands in ICASA's April draft regulations on security grounds.
Next steps
ICASA must report to the minister each year, with the first report due within 12 months. It plans to publish final rapid deployment regulations in the 2026/27 financial year. ICASA must consider the direction but is not bound by it.
Why it matters financially
- No figures were published in the direction or the reporting.
- The money is in the detail: prescribed wholesale rates for essential facilities would directly affect the leasing income of operators with large national networks, and the access costs of smaller rivals and fibre builders.
- Separately, the Electronic Communications Amendment Bill would require cost-orientated pricing, with cost plus a reasonable return for essential facilities, according to TechCentral.