Effective competition and ineffective mobile industry regulation in South Africa

The most striking feature of South Africa's mobile market is the skewed allocation of spectrum and a seemingly endless sequence of failed attempts to hold an auction for it. A shortage of spectrum (or the inefficient assignment of it) is blamed, among other things, for South Africa's relatively slow LTE 4G speeds. Through historical accident, the country has two mobile data networks in addition to the four licensed mobile operators. The response of operators has been to innovate using roaming and network sharing agreements; as we explore in this paper, these have become the de facto spectrum allocation process. This paper looks at how the de facto industry structure has been moulded by spectrum holdings and sharing arrangements and asks how spectrum management could be improved. We observe that, although the number of mobile operators has effectively been reduced to 3 (a number which would raise concern in some circles), there exist a variety of arrangements between those three and other spectrum and network operators. The smallest of the current three mobile operators is still not able to offer a nationwide mobile service without a roaming agreement but, at the same time, the two larger operators depend critically on spectrum and roaming agreements themselves, mainly with the two physical data network operators that function as wholesale providers. The Independent Communications Authority of South Africa (ICASA) was established as a consequence of a new constitution that was adopted in 1996 and it helped to create new institutional arrangements for the burgeoning mobile industry. The authority has nevertheless continued to be hampered, as we shall demonstrate, by political imperatives. This has been pointed out by other authors over the past twenty years and we add to this body of evidence by considering the spectrum auction planned (again) for 2021. The “2021” auction is in fact an iteration of the auction originally announced in May 2010 and then abandoned (Song, 2011). The same thing happened again in 2016 (Paelo & Robb, 2020). Late in 2020, the regulator again announced an auction, due to take place during 2021 but by the second quarter of the year, two of the four national operators had already obtained a court injunction to stop it. The process is intertwined with a political imperative to establish a public wireless open-access network, which we discuss in detail. We describe how the industry has navigated around policy and regulatory dysfunction and how competitive interaction among the South African operators has managed to prevail. Following Hausman & Taylor's (2013) lead in their work on the United States, in this paper we provide a commentary on apparently perverse outcomes from significant regulatory, judicial and legislative actions (or, perhaps more accurately, inactions) governing the South African mobile telecommunications industry from the commencement of the current constitutional arrangements in 1996 to the present.