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Frequency & Spectrum

Overview

The National Communication Authority, like other Communication Regulators, regulates the Tax clearance procedures and principles of allocation and assignment of radio frequency for effective Spectrum Management.

This also includes regulating the Radio Communication Sector and controlling procedures within the scope of natural laws, International Telecommunication Union (ITU) agreements and obligations to promote efficient use and gain a net social benefit.

Radio Frequency

Below are the procedures a media house is required to follow when applying for a radio frequency from the Media Authority. For the frequency allocation after fulfilling the Media Authority requirements, kindly read through the NCA Spectrum website segment for more:

  1. Presence of legal documents: For companies for instance the commercial radios or media houses, the Media Authority requires you to have legal documents that include a certificate of incorporation obtained and approved by the Ministry of Justice, and tax clearance certificate. For media houses registered as community and religious media, they are required to have a valid registration certificate obtained from the Relief and Rehabilitation Authority.
  2. Organisational Management Structure: This is another mandatory requirement that guides the authority on whether your media is run by an individual or a media house that has the necessary human resources and capacity to fully run the media house.
  3. Technical Capacity: Here, the Media Authority is very much observant of the technical knowledge on how the media house will be regulated. And the body looks at the availability of important agreements or arrangements in place, such as: antenna or antenna agreement with a mobile operator, and whether the antenna has been installed accurately and professionally.
  4. Program: For a media house to operate professionally, the media authority requires the new media houses to present their program schedule. The schedule makes it easy for the Authority to assess the media capacity of the media house applying for the frequency.
  5. Language: In order to present the public with accurate information which is of public interest, Media Authority inquires the language the media house will use. With the high rate of illiteracy, the authority prioritises local languages – this is in a move to close information gaps locally and nationally.
  6. Contact Establishment: Lastly, the NCA asks for detailed information for the Authority to follow up with the media house in case of frequency and content developments.
  7. Operation Licence: When the media house meets all the above requirements, NCA issues the operational licence – a greenlight that permits the media authority to assign/allocate the frequency.

Frequency & Spectrum Control

  1. The Authority shall, in collaboration with interested stakeholders, design necessary charts, tables, plans, and records for controlling the use and allocation of frequencies and frequency bands for all purposes inside South Sudan.
  2. The Authority shall establish fixed and mobile stations and develop means and facilities for monitoring the use of frequency spectrum throughout the country and shall take immediate measures to stop harmful effects and unlicensed users.
  3. The Authority shall have the right to revise, amend or allocate frequencies and frequency bands and to re-allocate them as need arises

Licensing, Renewal and Cancellation

  1. No person shall use any frequency, frequency band or electromagnetic waves except under a Licence duly issued by the Authority.
  2. Applications for frequency and frequency band shall be submitted in accordance with the procedures and forms prescribed in the regulations made pursuant to the National Communication Act.
  3. The validity of Licences, allocation of frequencies or frequency bands shall be for a period of one (1) year but the Authority may renew such Licences, frequencies or frequency bands upon payment of the prescribed fees.
  4. Application for renewal shall be submitted to the Authority at least thirty days prior to the expiry date of the valid Licence.
  5. The Authority may cancel the Licence, frequency or frequency band under any of the following circumstances:
    • Non-payment of the prescribed fees within one month from the payment due date;
    • Contravention of the licensing or allocation condition;
    •   Where the Licensee’s business is liquidated or upon the Licensee declaring bankruptcy, or loss of legal capacity;
    • Inappropriate use of frequency or frequency band in a manner likely to cause harm to the security of the country;
    • Interference with other public or private communication networks;
    • Failure to use the allocated frequency and frequency band within three months from the date of issuance of the Licence;
    • Cancellation of the communication network Licence; and
    • Failing to comply with any condition or requirements specified in the regulations issued pursuant to the National Communication Act.
    • Notwithstanding the provisions of subsection (5) of this section of the Act, the Licensee shall be notified and given an opportunity to rectify the cause for cancellation or refusal to renew the Licence within thirty (30) days, provided that where the Licensee fails to respond within that time limit the Licence shall be cancelled.

 Vacating Frequency & Frequency Band

  1. The Authority may order the Licensee to vacate any frequency or frequency band in accordance with the procedures prescribed in the regulations issued under the National Communication Act.
  2. The Licensee shall be given a period of six (6) months within which to implement the order issued under sub-section (1) of this section and failure by the Licensee to vacate the frequency or frequency band within that period shall result in immediate cancellation of their Licence.
  3. The Authority may, by regulation, provide reasonable compensation for lost business to affected Licensees.

 

Harmful Operation

If the operation of any communication network, wireless equipment, broadcasting  station or electrical appliance results in the failure of or interference  with  another Licensee’s equipment or station or causes harm to any of them, the Authority shall notify the person(s) who owns the network, station or equipment responsible for such harm and require them to take immediate remedial measures to rectify the situation or remove the cause of the harm promptly.

Why the Spectrum?

  1. To conform to the International Telecommunication Union (ITU) recommendations and international best practices of Spectrum usage.
  2. To prevent interference of Spectrum waves and curb illegal use of the Spectrum.

Spectrum Benefits to Stakeholders

  1. Consumer: it protects the consumer from interference issues.
  2. Regulator. it manages conflicts or interference of the waves.
  3. Nation: it provides employment opportunities to citizens, in addition to generating income.
 

Functions of the Spectrum

  1. The department, among other responsibilities, manages frequency—in order to work efficiently; type approval—in order to conform to the stipulated standards locally, regionally and internationally.
  2. The department also works in proper regulation of signal interference, protecting consumers by deterring illegal transmissions and coordinating frequency coordination, locally, regionally and internationally.
  3. Radio planning and coordination. The department leads the planning of FMs that includes designating and managing them in radial and equatorial orientations.
  4. The department is also tasked with assigning FM frequencies within South Sudan and or outside the country in order to avoid interference.  
 

NOTE: South Sudan’s frequency for radios is 87.5 – 100.08 designated for the region, while for ISPs and MBOs, it’s between 800, 900, 2100 and 700 MHZ. However, NCA is planning for 5G frequency.

Spectrum Procedure for FMs, ISPs, and MBOs

  1. Application to Media Authority: For media houses applying for frequency, you are required to first apply to the Media Authority where you will be tasked to present legal, technical and management related documents. NCA will then be permitted to grant the frequency.
  2. Application for Frequency: ISPs and MBOs are required to apply directly to NCA. The Authority will then assess the company’s legal documents and capacities to determine their eligibility before frequency allocation.
  3.   Equipment Inspection: After meeting the above frequency requirements, NCA will move to the site to monitor the equipment from the ISP and MBO requesting the licence or allocation. This is to check the quality standard of the equipment and the operation capacity.
  4. Internal Coordination: At this stage, NCA does internal coordination with different agencies and departments in order to verify any frequency interference. Additionally, the department does coordination with different departments to find what is missing, for instance, the legal and technical teams, amongst others, offer their advice ahead of the licence issuance.
  5. Frequency Assignment: When the ISP or MBO meets the needed requirements with full approval as a result of the internal coordination, NCA will allocate the frequency to the company.
  6. Frequency Licence: This is the final stage where NCA issues the licence to the applicant after the company fulfils all the needed requirements.

NOTE: NCA annual licences are renewal, and range from $20,000 and above for commercial companies; $1500 for community based firms, depending on the rural locality; and free for government companies.