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You’re not legal, Icasa tells Elon Musk’s Starlink

Independent Communications Authority of SA says the entity doesn’t have a licence to operate in the country; neither has it applied for one

SpaceX founder and Tesla CEO Elon Musk speaks on a screen during the Mobile World Congress in Barcelona, Spain, in this June 29 2021 file photo.  Picture: NACHO DOCE/REUTERS
SpaceX founder and Tesla CEO Elon Musk speaks on a screen during the Mobile World Congress in Barcelona, Spain, in this June 29 2021 file photo. Picture: NACHO DOCE/REUTERS

SA’s communications watchdog has put Elon Musk’s internet service, Starlink, and distributors of its products in SA on notice that they are breaching the country’s laws.

In a statement in Tuesday’s Government Gazette, the Independent Communications Authority of SA (Icasa) said Starlink is not licensed to operate in the country. It added that after gathering information on the provision of satellite internet services through Starlink terminals in SA it has found some entities are illegally distributing Starlink products within the borders of SA and from neighbouring countries.

“The authority has indicated previously ... that Starlink does not hold any licence issued by the authority to provide electronic communications, [an] electronic communications network or broadcasting services in SA,” Icasa said in the gazette.

“The authority would like to encourage the public to refrain from purchasing or operating any electronic communications equipment, facility or apparatus that seeks to access services that are provided by entities that are not licensed to operate in SA.”

Earlier in 2023 the government denied an allegation by the DA that it was blocking Starlink’s satellite communications network in SA, adding that the US company has not applied for a licence to operate locally.

In April, communications & digital technologies minister Mondli Gungubele said Icasa “has advised the minister that such applications have not been received from Starlink to date.

“It is therefore not true that the government is blocking the operation of Starlink in SA. Any interested party wishing to apply for a licence, including Starlink may ... approach the authority with its application.”

Icasa confirmed in the gazette that it has yet to receive an application from Starlink.

Icasa recently ordered IT Lec, a Northern Cape-based internet provider, to discontinue any active Starlink internet services to users in the country.

Starlink had not responded to questions on the matter by the time of publication.

To take advantage of the gap left by Starlink, a number of operators have been signing deals, looking to bring similar services to the country. Midrand-based NEC XON has signed a distribution agreement with France-based Eutelsat to offer services via its low Earth orbit (LEO) satellites. In September, Vodacom and parent Vodafone announced a partnership with Project Kuiper, Amazon’s LEO communications initiative.

Concerns

Some researchers have raised concerns that the thousands of satellites planned for Starlink’s network could interfere with telescopic observation and astronomical research.

Starlink, which is owned by Space X, has been growing rapidly in Africa, with Zambia, Malawi and Rwanda having signed up for the service. There are media reports that Angola and Eswatini will soon take up Starlink’s offering.

According to technology news website MyBroadband, the number of people using Starlink in SA has surpassed those with an ADSL connection. Using figures it gathered from importers, the news site said Starlink has amassed more than 12,000 sign-ups in SA.

Research conducted by ABI Research shows Starlink can transmit data faster than any other network, which means it has the potential for lower latency information transmission over long distances.

Still, Icasa warned that equipment which is not type-approved could potentially explode or implode, putting consumers in harm’s way.

“The authority welcomes the advent of technologies that will contribute to ensuring universal service and access to all South Africans and assist in bridging the digital divide. However, this must be done within the country’s regulatory framework as set out in the ECA (Electronic Communications Act).”

The DA’s spokesperson on communications, Natasha Mazzone, said the government is doing everything possible to stop South Africans from having access to cheap internet services. “We should welcome companies wanting to invest and provide us with much-needed services.

“How can it be that other countries on the continent have welcomed Starlink, but our government takes every measure possible to stop Starlink?”

Update: November 29 2023

This story contains additional information throughout. 

khumalok@businesslive.co.za

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