Snuffed out — Starlink’s South African customers out in the cold as Musk’s company terminates unapproved service

By Wednesday, 1 May, Starlink customers will be left with an inoperative 50cm x 30cm antenna, that could probably be repurposed as an expensive — though compact — coffee table, after they are frozen out of the service.

Available globally, including in many of our neighbouring countries, Starlink will no longer be providing South African residents access to its high-speed broadband internet service, because Elon Musk’s company refused to comply with the country’s BEE requirements to gift 30% ownership to local historically disadvantaged people.

Then there’s the small matter of the Independent Communications Authority of South Africa (Icasa) and the Minister of Communications failing to issue new communications licences in about 13 years.

Earlier this month, Starlink told customers that it will be terminating internet access in unauthorised countries, starting on 30 April.

In Africa, Starlink’s internet service is live in Nigeria, Kenya, Mozambique, Rwanda, Malawi, Zambia and Benin. Namibia and Lesotho expect service this year, but it is still prohibited in Botswana and South Africa, although Starlink has been working across most of the region thanks to its roaming features.

Starlink delivers high-speed, low-latency internet to users all over the world through low-Earth orbit satellites, which support streaming, online gaming, video calls and more.

Where Starlink does not have approval to operate, customers have purchased satellite internet terminals through third-party suppliers and worked around the service restrictions through a roaming loophole.

CNN has reported that Ukrainian frontline troops are experiencing connection problems with Starlink’s internet service, which is being used to run their attack drones, while Russian use of the devices has ramped up — despite being prohibited by US sanctions.

Russian crowdfunders claim to have successfully bypassed sanctions on the use of Starlink, which they buy in third countries.

Starlink, SpaceX and Musk have declined to comment on the report, although he has denied that any terminals have been sold to Russia.

Daily Maverick’s attempts to contact the company were also unsuccessful, despite trying via social media. Starlink’s website does not offer a contact facility.

In the US, House Democrats have demanded answers from SpaceX about the claims that its technology is being used by Russian forces in Ukraine.

Cut off

Earlier this month, Starlink told customers that it will be terminating internet access in unauthorised countries, starting on 30 April. In an email, it said: “The goal of Starlink is to provide reliable high-speed, low-latency internet to people all around the world, especially for those in rural and remote areas where internet connectivity has not been available, unreliable or too expensive. To do so, we’re working as quickly as possible to obtain the necessary regulatory approvals from local governments globally to be allowed to offer Starlink services in as many places as possible.”

Citing its terms of service, Starlink said the availability of its mobile service plans is contingent upon various factors, including regulatory approvals.

“If you are operating your Starlink Kit in an area other than areas designated as ‘Available’ on the Starlink Availability Map, we would like to remind you that this is in violation of the Starlink Terms, and starting April 30th, 2024, you will be unable to connect to the internet except to access your Starlink account where you can make updates to your account.”

“Mobile – Regional” plans are intended for temporary travel and transit, not for permanent use in a location, so the company warned that those who have been using this plan for more than two months outside of the country in which they ordered Starlink, should either change their account country or return to the country in which the service was ordered, as “Otherwise, your service will be restricted”.

Deadlock

This week, Starlink finally applied for a licence to provide internet services in Zimbabwe. But in South Africa, the company is unlikely to do so because it would be incompatible with the Electronic Communications Act.

In response to a parliamentary question from the DA about whether the government would consider exempting the equity requirement in the public interest, Minister of Communications and Digital Technologies Mondli Gungubele said that the requirement is derived from section 9(2)(b) of the Act, which would have to be amended.

“Any interested party, including Starlink, can engage the regulator to seek advice on operations in South Africa.

“As a department, we welcome partners and investors to develop and invest in the sector and economy; and appeal that they comply with regulations for the sector.”

‘No dealings’ 

The government says it has had no dealings with the internet provider. Icasa has not received any application for a licence from Starlink, nor has the company approached the Department of Communication and Digital Technologies (DCDT), the department told Daily Maverick.

All licence applications must go through Icasa, which, while supposedly “independent”, was spoken for by the department, explaining: “Icasa confirms that to date, it has not received an application for any type of licence/certificate from Starlink or any satellite operators providing internet broadband services. Furthermore, Starlink has not approached the Department of Communication and Digital Technologies. It is of utmost importance to note that all licence applications have to go through Icasa and not DCDT.

“The authority (Icasa) encourages innovative technologies and acknowledges Starlink’s endeavours to provide broadband services. Nevertheless, any interested operator, including Starlink, willing to provide telecommunications services at a national scope is required to adhere to the applicable legislative and regulatory licensing prescript, requiring (compliance with the ECA, a licence and a technical approval certificate).”

The department said while the authority welcomes new applications for the provision of broadband satellite services, it notes that there are already a number of players in the market and encourages Starlink or any other similar service providers to operate within the borders of South Africa, provided that such entities have satisfied the applicable requirements prescribed in the ECA.

Service providers haven’t given up hope

Meanwhile, News24 has reported that some service providers haven’t given up hope that there might be workarounds to continue operating in South Africa, with Icasa se Push saying it has identified strategies that might keep users connected, despite the legal issues, although it can only test its “solutions” after 30 April to see if they would work.

Another unnamed company told News24 that they had reached out to Starlink for clarity. “We have been in contact with Starlink themselves and a few options are going around,” they said, adding that their goal was to ensure that their customers remained online. “At this stage, the first of next month will be make or break. That’s when we will see if the solutions work.”

Alan Bush from Icasa se Push, which operates from Mozambique through “Sparkling” (Starlink) resellers across Africa, told Daily Maverick that they had contacted Starlink to inform the company that it has all the regulatory licensing and compliance measures in place for them to operate in South Africa. “To date, we have yet to receive a response from Starlink. We actively explore all possible avenues to facilitate their launch in South Africa and welcome a conversation with them. Our team is determined to leave no stone unturned in our efforts, although we hope it won’t come to an impasse.”

When asked about the recourse available to customers — a Starlink system costs around R17,000 — Bush said since direct purchases from Starlink are not possible in South Africa, the company’s 30-day money-back guarantee does not apply here. “We have established our (own) refund policy, which you can review at icasapush/returns.”

Bush stressed that the hardware remained legal in South Africa, although the service was not. “We do not foresee any issues with the South African government or Starlink regarding the legality of the hardware in South Africa. We have taken extensive measures to ensure our operations align with all local laws and Starlink’s regulations.” DM