The Independent Communications Authority of South Africa (ICASA) has taken note, with “serious concern”, recent reports alleging that satellite internet service Starlink may be offering its services withinSA without the requisite authorisation.
ICASA says it has published a general notice under Government Gazette no 49777, reiterating that all entities offering electronic communications services within SA are required to comply fully with the applicable legislative and regulatory frameworks.
In a statement, the regulatory body says it is conducting an investigation into the matter, and has formally engaged SpaceX to seek clarity on the reported activities and is currently awaiting a response.
“ICASA has instituted a formal investigation to ascertain the veracity of the allegations and to gather relevant facts and evidence. Members of the public and industry stakeholders who are in possession of any supporting evidence are encouraged to submit such information to: satinvestigation@icasa.org.za, to assist with the investigation. In the interim, ICASA has deployed inspection teams to conduct physical verifications in the affected areas.”
The investigation is being executed in collaboration with other relevant organs of state to ensure a coordinated and lawful response, says ICASA.
“Should the investigation yield any breach with regulatory and legislative frameworks, the authority says it will explore the applicable enforcement actions within its disposal, which may include, among others, lodging a formal complaint with its executive team and the International Telecommunication Union.
ICASA reiterates its uncompromising position against any form of non-compliance within the South African regulatory environment.
“ICASA continues to monitor unauthorised use and importation of unauthorised services and user terminals into South Africa. Should people be found using them, the authority actively investigates such cases and works closely with other state agencies, such as law enforcement, to address these matters. It is important to note that operating or facilitating the provision of electronic communications services without the requisite licences is a contravention of the Electronic Communications Act, 2005 (Act No 36 of 2005),” it says.
Under South African legislation, companies providing telecoms services must hold Electronic Communication Network and Electronic Communications Network Services licences, which require at least 30% ownership by historically disadvantaged South Africans.
Starlink, owned by tech billionaire Elon Musk, is a low-Earth orbit satellite internet constellation operated by Musk’s SpaceX, providing satellite internet access coverage to over 60 countries. SpaceX began launching Starlink satellites in 2019.
It is available in several neighbouring African nations, including Botswana, Democratic Republic of the Congo, Lesotho, Mozambique, Nigeria and Zambia.
Last week, communications minister Solly Malatsi gazetted a draft policy direction that potentially clears the way for Starlink to operate locally.
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