South Africa’s independent Authority, ICASA, has opened an official inquiry into the unlawfulness of Starlink, the satellite Internet Service of Elon Musk-owned SpaceX, in the respective country.
This is the second time in two years that the regulator has investigated Starlink for potential breaches of South Africa’s telecommunications laws.
ICASA was alarmed after news broke that Starlink is providing its services to South Africans without having the appropriate licenses.
In 2023 ICASA had already issued a public notice stating that the operation of Starlink was illegal in South Africa since they did not have the necessary permission to operate.
ICASA spokesperson Milly Matlou said authority had received additional report regarding Starlink’s unlicensed service supply. “ICASA has opened an inquiry into the reported illegal use or the offer of illegal services of Starlink services in SA.
We are working with @SpaceX to gain more clarity into the chain of events as the investigation continues, and we have dispatched inspection teams to the launch site ICASA has since appealed to the public for any further evidence that could assist their ongoing investigation and to submit it with immediate effect.
Starlink’s first obstacle between it and an official South African presence has been posing on ignorance about the country’s Broad-Based Black Economic Empowerment regulations, which require that foreign-held telecoms licenses should be 30% black-owned. Elon Musk has criticized these guidelines in the past, referring to them as “openly racist.”
But despite the regulatory hurdles, a few South Africans have been able to access Starlink’s services by buying kits from neighboring countries where the service is licensed and using the roaming feature. But this little side-hack is not something they’ve given their seal-of-approval on and that is the subject of the investigation.
The impact of Starlink to connect people in underserved and remote areas of South Africa is huge where the internet take up rate continues to be low (recently at 2.7% penetration of rural homes by 2024 apparently). But ICASA says it remains committed to the regulatory principles in South Africa.
“It is interesting to note that during a recent Parliamentary Q&A session, Communications and Digital Technologies Minister Solly Malatsi suggested reviewing the B-BBEE licensing conditions for satellite services providers to include ‘alternative’ compliance requirements – such as local partnerships or skills investments – in place of merely transferring direct equity. The suggestion has been met with scrutiny and debate within the administration.
If the ICASA investigation deems Starlink to have contravened regulations, the regulator has said it will consider enforcement mechanisms, which the regulator noted may involve laying an official complaint with the International Telecommunications Union (ITU).
The conclusions from this investigation and the ongoing policy debate around these issues will be key factors in shaping the future of Starlink’s activities and satellite internet service provision in South Africa.”