Minister of Communications and Digital Technologies Stella Ndabeni-Abrahams has gazetted new regulations for the rapid deployment of electronic communications networks and facilities.
The new regulations allow for network service licensees to enter, and use public or private land, for their network infrastructure. Ndebeni-Abrahams explained that the new regulations allowed for high speed, high-quality networks required for advanced connected devices and 5G networks.
The regulations, gazetted on 22 July, allow for interested parties to comment on the proposed policy and policy direction within 30 days. The new regulations allow for communications networks and service licensees to select and gain access to appropriate land for the purpose of constructing, maintaining, altering or removing their infrastructure. The networks will retain ownership of the facilities constructed.
The electronic communications network service licensee must provide landowners with 30 days’ notice specifying reasons for activity, date of commencement, outlining the objection process, specifying where they will locate the network and provide environmental, water and health and safety information.
Infrastructure sharing will be encouraged among service providers and they must seek alternatives to the deployment of new infrastructure. Property owners will not be allowed to receive an access fee from the provider unless the facilities are intrusive, for example masts. Reasonable access fees will be charged in respect to the disadvantage suffered by the property owner, but must not enrich the property owner or exploit the electronic communications network.
Property owners may object to the reasonability of the access fee offered, in the case of intrusive networks, or the manner in which the network intends to exercise its rights. Objections must be made 14 days before the scheduled commencement.
The proposed installation of cellular masts in a number of communities has caused much outcry from residents over the years who have raised concerns about property devaluation, radiation and environmental factors. Andrea Rosen of the Johannesburg Urban Forest Alliance said she was concerned that the installation of more towers would mean the loss of more trees.
Ndabeni-Abrahams said the widespread coverage of electronic communications networks was necessary for the creation of a digital economy and society.
Written comments on the policy can be emailed to the acting director general at the Department of Communications and Digital Technologies for the attention of Mr A Wiltz on rapid@dtps.gov.za or call 083 714 0126.
To read the full policy, click here.
