Skip to main content

5595

GOVERNMENT GAZETTE

OF THE

REPUBLIC OF NAMIBIA

N$8.80

WINDHOEK - 20 October 2014

No. 5595

CONTENTS

Page

GENERALNOTICESGENERALNOTICESGENERALNOTICES
No. 383Communications Regulatory Authority of Namibia: Notice in terms of the Regulations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licences .................................................................................................................................................2
No. 384Communications Regulatory Authority of Namibia: Notice In terms of the Regulations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licences .................................................................................................................................................6
No. 385Communications Regulatory Authority of Namibia: Notice in terms of the Regulations Regarding the Submissions of Interconnection Agreements and Tariffs ......................................................................8
No. 386Communications Regulatory Authority of Namibia: Notice in terms of the Regulations Regarding the Submissions of Interconnection Agreements and Tariffs .....................................................................11
No. 387Communications Regulatory Authority of Namibia: Notice in terms of the Regulations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licences .................................................................................................................................................12
No. 388Communications Regulatory Authority of Namibia: Notice in terms of the Regulations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licences .................................................................................................................................................16
No. 389Communications Regulatory Authority of Namibia: Notice of amendment in terms of sections 101(13) of the Communications Act, 2009 (Act No. 8 of 2009) and regulations 8(2) and 11 of the Regulations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licences ..........................................................................................................................18
No. 390Communications Regulatory Authority of Namibia: Notice in terms of the Regulations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licences .................................................................................................................................................20

________________

No. 383

2014

NOTICE IN TERMS OF THE REGULATIONS REGARDING LICENSING PROCEDURES FOR TELECOMMUNICATIONS AND BROADCASTING SERVICE LICENCES AND SPECTRUM USE LICENCES

The Communications Regulatory Authority of Namibia, in terms of section 101 of the Communications Act, 2009 (Act No. 8 of 2009) and Regulation 5, 6 and 11 of the 'Regulations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licences', in Government Gazette No. 4785, General Notice No. 272, dated 29 August 2011 (as amended), herewith gives notice that the person referred to in the table below, has been awarded a Community Broadcasting Service Licence and a Spectrum Use Licence, effective from date of publication of this notice in the Gazette :

General Notices

COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA

(a) Broadcasting Service Licence Application:

Proof ofApplication fees paid up to date submitted? Yes
Whether Licensee intends to use spectrum in the provision of broadcasting services intended to be provided;Yes, application is contained in part (b) below.
Provision of Signal Distribution;Own
Category of Broadcasting Service Licence as contemplated in the Regulations Setting out Broadcasting and Telecom-munications Service Licence categories;Community Broadcasting Service Licence
Percentage of Stock owned by Namibian Citizens or Namibian Companies controlled by Namibian Citizens;100%
Licensee's citizenship or place of incorporation;Namibian
Licensee Name;Hardap Radio Trust Hardap Radio

Spectrum Use Licence Application

(b)

Proof of Application fees paid up to date submitted?Yes/NoYes
Service to be provided using frequency applied for;Service to be provided using frequency applied for;Community Broadcasting Service
geographic areas(s) City/Towngeographic areas(s) City/TownMariental
of coverage District;of coverage District;Mariental
Description Region;Description Region;Hardap
Provision of Signal Distribution;Provision of Signal Distribution;Own
List of radio frequencies or groups of radio frequencies awarded by Authority for assignment;List of radio frequencies or groups of radio frequencies awarded by Authority for assignment;88.7 MHz
Percentage of Stock owned by Namibian Citizens or Namibian Companies controlled by Namibian Citizens;Percentage of Stock owned by Namibian Citizens or Namibian Companies controlled by Namibian Citizens;100%
Licensee's citizenship or place of incorporation;Licensee's citizenship or place of incorporation;Namibian
Licensee Name;Licensee Name;Hardap Radio Trust t/a Hardap Radio

The above licences are issued subject to the Communications Act, 2009 (Act 8 of 2009), Regulations regarding Licence Conditions for Broadcasting Service Licences as published in Government Gazette No. 5037, General Notice No. 309 dated 13 September 2012; and the Regulations Regarding Licence Conditions for Spectrum Use Licenses as published in Government Gazette No. 5354, General Notice No. 469, dated 2 December 2013.

REASONS FOR THE AUTHORITY'S DECISION

Hardap Radio Trust t/a Hardap Radio (hereinafter referred to as 'Hardap Radio') submitted an application for a community broadcasting service licence and spectrum use licence between 88 MHz and 108 MHz in the geographical area of Mariental on the 12 th of September 2013 for consideration by the Authority. The application was submitted in accordance with of sections 83, 85 and 101 of the Communications Act 8 of 2009 (hereinafter referred to as 'the Act') and in accordance with Regulations regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licences as published in Government Gazette No. 4785, General Notice No. 272 of 29 August 2011 (as amended).

As per documentation submitted by Hardap Radio with their application for a community broadcasting service licence, Hardap Radio is 100% Namibian owned as required by section 85 (2) of the Act and is registered as a Trust with the Master of the High Court in terms of the Trust Monies Protection Act 34 of 1934, as an association not for gain. Certified copies of the Trust Deed (T346/13) dated 21 October 2013 was submitted to the Authority.

In terms of section 101 (6) of the Act and regulation 5(2) of the Regulations Regarding Licensing Procedure for Telecommunications and Broadcasting Service Licences and Spectrum Use Licences, a community broadcasting service licence application must be accompanied with a spectrum use licence application if the applicant intends to use spectrum in the provision of the intended broadcasting service. Hardap Radio accordingly submitted an application for spectrum use licence for FM broadcasting frequency between 88 MHz and 108 MHz dated 12 September 2013 for the geographical area of Mariental with a transmitter output power of 100 Watt.

Hardap Radio intends to provide its own signal distribution service, in terms of Regulation 5(2) of the Regulations Regarding Licensing Procedure for Telecommunications and Broadcasting Service Licences and Spectrum Use License.

The following information and/or documentation was submitted in support of the application and as required in terms of regulations 5 and 6 of the Regulations Regarding Licensing Procedure for Telecommunications and Broadcasting Service Licences and Spectrum Use Licence:

  • i. All technical specifications of transmitter and antenna equipment;
  • ii. A coverage plot of the intended broadcasting area;
  • iii. A detailed programme schedule indicating programme content and broadcasting times;
  • iv. A comprehensive curriculum vitae of Mr Morgan Schase indicating eight years experience in broadcasting industry;
  • v. A letter of confirmation from Satcom Namibia to provide technical support; and
  • vi. The required bank statements were submitted together with the application forms.

The application indicated that Hardap Radio intends to construct a broadcasting transmitter site at a private residence in Mariental. As such, the Authority requested Hardap Radio on the 17 th of April 2014 to provide a letter of authorization from the Mariental Town Council to construct a broadcasting transmitter tower in a residential area in accordance with the Regulations regarding Environment Impact Assessments: Environmental Management Act, 2007 published in the Government Gazette No. 4878, Notice No. 30 dated 06 February 2012.

Hardap Radio opted to rather apply to Telecom Namibia Limited to share their existing tower located at the Hardap Irrigation Scheme.

Following due process in terms of regulation 11 of the Regulations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licences, the Authority published a notice in the Government Gazette No . 5369, General Notice No. 512, dated 20 December 2013, allowing fourteen (14) days for public comments from the date of publication of the Notice in the Gazette . The commenting period closed on the 06 of January 2014 and no comments were received. Subsequently no reply comments were required from Hardap Radio.

Application for community broadcasting service licence

The Mariental area is currently serviced by four (4) commercial broadcasters namely; Omulungu Radio, Radio Kudu, Radiowave and Cosmos Digital Namibia and , two (2) community broadcasters namely; Media for Christ and Gospel Mission Ministries and the national broadcaster broadcasting in nine (9) language channels as well as NBC National Radio.

When considering the award of a broadcasting service licence, the Authority must consider the provisions of section 85(8) of the Communications Act, which provides as follows:

'When considering an application for the issue of a broadcasting licence the Authority must have regard to-

  • (a) the character of the applicant or, if the applicant is a body corporate, the character of its directors;
  • (b) the adequacy of the expertise, experience and financial resources available to the applicant;
  • (c) the desirability or otherwise allowing any person or association of persons, to have control or a substantial interest in-
  • (i) more than one broadcasting service;
  • (ii) more than one radio station and one television station and one registered newspaper with a common coverage and distribution area or significantly overlapping coverage and distribution areas;
  • (d) whether the applicant is likely to comply with such technical broadcasting standards as the Authority may prescribe;
  • (e) whether the conditions of a broadcasting licence will unjustly benefit one licensee above another;
  • (f) the allocation of spectrum in such a manner as to ensure the widest possible diversity of programming and the optimal utilization of such resources. Provided that priority may be given to broadcasters transmitting the maximum number of hours per day;
  • (g) the reservation of radio wave spectrum resources for future use; and
  • (h) the desirability of giving priority to community based broadcasts

In the opinion of the Authority, Hardap Radio has proved its ability to fulfill its licence obligations should a community broadcasting service licence be awarded in that it provided-

  • (a) proof of extensive broadcasting experience and technical support to operate equipment and providing broadcasting services amounting to more than eight years collectively in total;
  • (b) sufficient financial resources to operate a community broadcasting station;
  • (c) Hardap Radio complied with all licensing requirements as set out in Regulation 5 of the licensing regulations as set out in point 6.2 above.

Application for spectrum use licence

Pursuant to the provisions of section 101(6) of the Act, an applicant may only be issued with a spectrum use licence, where the operation of a network or the provision of broadcasting service or the use thereof entails the use of radio waves.

In addition, section 101(7) of the Communications Act stipulates as follows:

' When a person applies for a licence to operate a network or provide telecommunications services or broadcasting services, that person must also apply for such spectrum licences as are necessary to render the service concerned.'

Section 101(8) places a duty on the Authority to consider the application for spectrum in conjunction with the application for a service licence and to ensure that such spectrum licence as may be required is issued to enable the applicant to render the services for which the service licence is issued.

The Authority has considered the spectrum use licence application submitted by Hardap Radio for spectrum to be utilized for FM broadcasting services within the geographical area of Mariental taking into consideration spectrum assigned to existing broadcasting licensees. It was further noted that the site location has changed from a residential house located in Mariental to sharing the tower owned by Telecom Namibia Limited situated at the Hardap Irrigation Scheme. Based on the technical information contained in the application form submitted, the Authority is of the opinion that no increase in power output is required due the change in site location. The power output of 100 Watt as applied for is deemed sufficient to provide FM broadcasting services within the Mariental geographical area.

In light of the above, the Authority approved both the Community Broadcasting Service Licence Application and the Spectrum use Licence Application for 88.7 MHz with a power output of 100 Watt from the tower located at the Hardap Irrigation Scheme (24 o 32'51.28'' S, 17 o 57'21.86''E) to provide FM broadcasting services in the geographical area of Mariental.

L.N. JACOBS CHAIR PERSON OF THE BOARD COMMUNICATIONS REGULATORY AUTHORITY

________________

COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA

No. 384

2014

NOTICE IN TERMS OF THE REGULATIONS REGARDING LICENSING PROCEDURES FOR TELECOMMUNICATIONS AND BROADCASTING SERVICE LICENCES AND SPECTRUM USE LICENCES

The Communications Regulatory Authority of Namibia, in terms of sections 85 and 101 of the Communications Act (No. 8 of 2009) read with regulations 5, 6 and 11 of the 'Regulations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licences', in Government Gazette No. 4785, General Notice No. 272, dated 29 August 2011 (as amended), herewith gives notice that the Applicant referred to in the table below have submitted the following applications to the Authority:

(a) Broadcasting Service Licence Application:

Yes
Yes
Own
Community Broadcast- ing Service Licence
100%
Namibian
Southern Sun Media Trust

Spectrum Use Licence Application:

(b)

Party provid- ing Signal Distri- bution;OwnOwn
Service to be provided using frequen- cy applied for;Community Broadcasting ServiceST-LINK FIXED
Maximum Output Power &Coordi- nates;500W S25º34'35.0' E18º07'04.9'15W S25º34'35.0' E18º07'04.9'
coverage area(s); City/Town;Oxpass Munici- pal TowerOxpass Munici- pal Tower
of geographic District;KeetmanshoopKeetmanshoop
Description Region;KarasKaras
List of radio frequencies or groups of radio frequencies be- ing considered for assignment by the Author- ity;102.3 MHz453.0350 MHz
List of radio frequencies or groups of radio frequencies applied for;102.3 MHz850.000 MHz
Percentage of Stock owned by Namib- ian Citizens or Namibian Companies controlled by Namibian Citizens;100%100%
Applicant's citizenship or place of incor- poration;NamibiaNamibia
Applicant's Name;Southern Sun Media TrustSouthern Sun Media Trust

The public may submit comments in writing to the Authority within a period of fourteen (14) days from the date of publication of this notice in the Gazette .

The applicant may submit written reply comments within fourteen (14) days from the due date of the written public comments.

All written submissions must contain the name and contact details of the person making the written submissions and the name and contact details of the person for whom the written submission is made, if different and be clear and concise.

All written submissions and reply comments must be made either physically or electronically -

  • (1) By hand to the head offices of the Authority, namely Communication House, 56 Robert Mugabe Avenue, Windhoek;
  • (2) By post to the head offices of the Authority, namely Private Bag 13309, Windhoek 9000;
  • (3) By electronic mail to the following address: legal@cran.na;
  • (4) By facsimile to the following facsimile number: +264 61 222790; or
  • (5) By fax to e-mail to: 0886550852.

L.N. JACOBS CHAIR PERSON OF THE BOARD COMMUNICATIONS REGULATORY AUTHORITY

________________

COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA

No. 385

2014

NOTICE IN TERMS OF THE REGULATIONS REGARDING THE SUBMISSIONS OF INTERCONNECTION AGREEMENTS AND TARIFFS

The Communications Regulatory Authority of Namibia, in terms of regulation 8 of the 'Regulations Regarding the Submission of Interconnection Agreements and Tariffs', in Government Gazette No. 4714, Notice No. 126, dated 18 May 2011, herewith gives notice that Telecom Namibia Limited has filed a tariff with the Authority as set out in Schedule 1.

Any person may examine copies of the tariffs submitted at the head offices of the Authority during normal business hours and copies may be made on payment of a fee determined by the Authority. Copies are also available at www.cran.na where copies may be downloaded free of charge.

The public may submit in writing to the Authority written comments within fourteen (14) days from the date of publication of this notice in the Gazette .

Telecom Namibia Limited may submit, in writing to the Authority, a response to any written comments within fourteen (14) days from the lapsing of the time to submit written submissions.

All written submissions must contain the name and contact details of the person making the written submissions and the name and contact details of the person for whom the written submissions is made, if different and be clear and concise.

All written submissions and reply comments must be made either physically or electronically -

  • (1) by hand to the head offices of the Authority, namely Communication House, 56 Robert Mugabe Avenue, Windhoek;
  • (2) by post to the head offices of the Authority, namely Private Bag 13309, Windhoek 9000;
  • (3) by electronic mail to the following address: legal@cran.na; and
  • (4) by facsimile to the following facsimile number: +264 61 222790.
  • (5) by fax to e-mail to: 0886550852.

L.N. JACOBS CHAIR PERSON OF THE BOARD COMMUNICATIONS REGULATORY AUTHORITY

SCHEDULE 1

SUBMISSION OF AMENDMENT TO FIXED BROADBAND PACKAGES AND RATES BY TELECOM NAMIBIA LIMITED (COMMUNICATIONS ACT, 2009)

Current sped (Kb/s)New Speed (Kb/s)
Speedlink HomeSpeedlink Home
384512
5121024
10242048
20483072
30724096
4096Price reduction (to current 3Meg Price)
Speedlink Business (Standard/Professional)Speedlink Business (Standard/Professional)
5121024
10242048
20484096
40966144
61448192
819210240
10240Price reduction (to current 8Meg Price)

The table below outlines the new pricing:

Speedlink HomeSpeedlink HomeSpeedlink HomeSpeedlink HomeSpeedlink HomeSpeedlink Home
Package512k1024k2048k3072k4096k
CPEEntry level CPE with Wi-FiEntry level CPE with Wi-FiMedium Range CPE with Wi-FiMedium Range CPE with Wi-FiMedium Range CPE with Wi-Fi
Downlink Speed512k1024k2048k3072k4096k
Uplink Speed192k384k768k1024k1536k
Number of Voice/Fax numbers12444
Number of concurrent voice calls11333
Fax2email number/s11111
Internet UsageUnlimitedUnlimitedUnlimitedUnlimitedUnlimited
Email addresses12222
Web Space5050100200200
On-net voice minutes303050100100
Monthly Charge (N$) (12-month)4997498991,1991,449
Monthly Charge (N$) (24-month)3995996999991,149
Monthly charge (N$) (36-month)3495496499491,099
Speedlink BusinessSpeedlink BusinessSpeedlink BusinessSpeedlink BusinessSpeedlink BusinessSpeedlink BusinessSpeedlink Business
Package1024k2048k4096k6144k8192k10240k
CPEMedium Range CPE with Wi-FiMedium Range CPE with Wi-FiHigh Range CPE with Wi-FiHigh Range CPE with Wi-FiHigh Range CPE with Wi-FiHigh Range CPE with Wi-Fi
Downlink speed1024k22048k4096k6141k8192k10240k
Uplink Speed512k1024k2048k2048k2048k2048k
Number of Voice/Fax numbers346666
Number of concurrent voice calls235555
Fax2email number/s222222
Internet UsageUnlimitedUnlimitedUnlimitedUnlimitedUnlimitedUnlimited
Email addresses3815202540
Web space100100200200200200
On-net voice minutes100100150300300400
Monthly Charge (N$) (12-month)8491,3492,0493,5495,1496,799
Monthly Charge (N$) (24-month)7991,0991,7993,0994,7496,149
Monthly Charge (N$) (36-month)6991,0491,6992,9994,4495,849
Speedlink -ProfessionalSpeedlink -ProfessionalSpeedlink -ProfessionalSpeedlink -ProfessionalSpeedlink -ProfessionalSpeedlink -ProfessionalSpeedlink -Professional
Package1024k2048k4096k6144k8192k10240k
CPEHigh Range CPE with Wi-FiHigh Range CPE with Wi-FiHigh Range CPE with Wi-FiHigh Range CPE with Wi-FiHigh Range CPE with Wi-FiHigh Range CPE with Wi-Fi
Downlink speed1024k2048k4096k6144k8192k10240k
Uplink Speed512k1024k2048k2048k2048k2048k
Number of Voice/Fax numbers555555
Number of concurrent voice calls555555
Fax2email number/s111111
Internet UsageUnlimitedUnlimitedUnlimitdUnlimitedUnlimitedUnlimited
Email addresses555555
Web space200200200200500500
On-net voice minutes100100100300300400
Monthly Charge (N$) (12-month)1,8492,014.883,219.374,858.926,024.477,363.47
Monthly Charge (N$) (24-month)1,666.001,799.002,849.004,499.005,849.007,149.00
Monthly Charge (N$) (36-month)1,579.001,697.172,766.024,204.675,466.366,681.31

General: In the event of incorrect billing, customers are entitled to register dispute over the affected portion of the account by reporting through the Customer Care Centre's toll free number 1100 or the nearest Teleshop.

L.N. JACOBS CHAIR PERSON OF THE BOARD COMMUNICATIONS REGULATORY AUTHORITY

________________

COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA

No. 386

2014

NOTICE IN TERMS OF THE REGULATIONS REGARDING THE SUBMISSIONS OF INTERCONNECTION AGREEMENTS AND TARIFFS

The Communications Regulatory Authority of Namibia, in terms of Section 53(10) of the Communications Act, 2009 (Act No. 8 of 2009) read with regulation 8(1) of the 'Regulations Regarding the Submission of Interconnection Agreements and Tariffs', in Government Gazette No. 4714, Notice No. 126, dated 18 May 2011, herewith gives notice that Salt Essential IT (Pty) Ltd has filed a tariff with the Authority as set out in Schedule 1 hereto.

Any person may examine copies of the tariffs submitted at the head offices of the Authority during normal business hours and copies may be made on payment of a fee determined by the Authority. Copies are also available at www.cran.na where copies may be downloaded free of charge.

The public may submit in writing to the Authority written comments within fourteen (14) days from the date of publication of this notice in the Gazette .

Salt Essential IT (Pty) Ltd may submit, in writing to the Authority, a response to any written comments within fourteen (14) days from the lapsing of the time to submit written submissions.

All written submissions must contain the name and contact details of the person making the written submissions and the name and contact details of the person for whom the written submissions is made, if different and be clear and concise.

All written submissions and reply comments must be made either physically or electronically -

  • (1) by hand to the head offices of the Authority, namely Communication House, 56 Robert Mugabe Avenue, Windhoek;
  • (2) by post to the head offices of the Authority, namely Private Bag 13309, Windhoek 9000;
  • (3) by electronic mail to the following address: legal@cran.na; and
  • (4) by facsimile to the following facsimile number: +264 61 222790.
  • (5) by fax to e-mail to: 0886550852

L.N. JACOBS CHAIR PERSON OF THE BOARD COMMUNICATIONS REGULATORY AUTHORITY

No. 387

2014

NOTICE IN TERMS OF THE REGULATIONS REGARDING LICENSING PROCEDURES FOR TELECOMMUNICATIONS AND BROADCASTING SERVICE LICENCES AND SPECTRUM USE LICENCES

The Communications Regulatory Authority of Namibia, in terms of section 101 of the Communications Act, 2009 (Act No. 8 of 2009) read with regulations 6 and 11 of the 'Regulations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licences', in Government Gazette No. 4785, Notice No. 272, dated 29 August 2011(as amended), herewith gives notice that the person referred to in the table below has been awarded a spectrum use licence by the Authority, which will be in force and effect from date of publication of this notice in the Gazette :

SCHEDULE 1

SUBMISSION OF PROPOSED TARIFFS IN TERMS OF SECTION 53(1) BY SALT ESSENTIAL IT (PTY) LIMITED (COMMUNICATIONS ACT, 2009)

The following are the proposed tariffs as submitted by Salt Essential IT (Pty) Ltd:

LICENSEE: Salt Essential Information Technology (Pty) Ltd.LICENSEE: Salt Essential Information Technology (Pty) Ltd.LICENSEE: Salt Essential Information Technology (Pty) Ltd.LICENSEE: Salt Essential Information Technology (Pty) Ltd.
ProductQty. UnitOld Tariff per Unit N$New Tariff per Unit N$
Messaging &Collaboration Services
MS Exchange Messaging (1 GByte, Anti-Spam, ActiveSync, Backup, CAL, Outlook License and Software)per mailbox80.0084.00
MS Exchange Messaging (1 GByte, Anti-Spam, ActiveSync, Backup, CAL, Outlook License and Software) for customers with more than 200 mailboxesper mailbox70.0073.50
MS Exchange Messaging (1 GByte, Anti-Spam, ActiveSync, Backup, CAL, Outlook License but no software)per mailbox60.0063.00
- Fax Integration (GFI)per user (optional)73.0081.50
Mail Archiving (Backup, License, WebAccess)per user (optional)9.9012.80
WAN Services
WAN- Link between Customer and SALT Co- Location (Metro Ethernet - MPLS link Kbps as per last mile link, for pro rata usage on Metro E link to MPLS cloud)per kbps0.500.53
DNS &Web Services
Domain Name &Website Hosting (1 second level .na domain, e.g. com.na, 1 GByte Website space)per website134.00141.00

________________

COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA

1 The radio frequencies assigned require a broadcasting service licence. Note, however that as per section 93 of the Act, until a date determined by the Minister, Chapter IV on broadcasting service is not applicable to the NBC or to any broadcasting activities carried on by the NBC.

Party provid- ing Signal DistributionOwn
Service to be provided us- ing frequency applied forN/A 1
License Fees OutstandingNo
Description of geographic coverage area(s) City/Town;Klein Waterberg S20º41'11' E17º3'49' Signalberg S19º34'27' E17º42'39'
District;Otjiwarongo Grootfontein
Region;Otjozondjupa Otjozondjupa
List of radio frequencies or groups of radio frequencies assigned by the Authority;!Na San 91.2 MHz Setswana 94.4 MHz Silozi 101.2 Mhz Rukavango 104.8MHz Rukavango 92.3 MHz Silozi 95.5 MHz Setswana 98.8 MHz !Na San
of Percentage of Stock owned by Namibian Citizens or Namibian Companies controlled by Namibian Citizens;Established in terms of section 2 1991) State Owned Enterprise
Licensee's citizen- ship or place incorporation;of the Namibian Broadcasting Act (Act No 9 of
Licensee's Name;Namibian Broadcasting Corporation

REASONS FOR THE AWARD OF THE LICENCE

On 12th September 2013, the Namibian Broadcasting Corporation submitted applications for eight (8) spectrum use licences at Klein Waterberg, and Signalberg for FM broadcasting services to provide coverage in the geographical areas of Otjiwarongo and Grootfontein on 12 for consideration to the Authority. The application was submitted, in accordance with regulation 6 of the Regulations regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licences.

As per section 93 of the Communications Act, 2009 (Act No. 8 of 2009), chapter IV on Broadcasting Services is not applicable to the Namibian Broadcasting Corporation until a date to be determined by the Minister. As such the Authority has not issued a broadcasting service licence to the Namibian Broadcasting Corporation. The spectrum applied for by the Namibian Broadcasting Corporation is not deemed to be licence exempt and therefore, requires spectrum use licences to be issued by the Authority after due consideration of the applications submitted.

The Namibian Broadcasting Corporation submitted the spectrum use applications for spectrum between 88 MHz and 108 MHz to expand FM broadcasting services in Otjiwarongo and Grootfontein for the following languages -

  • i. Klein Waterberg providing coverage to Otjiwarongo
  1. (a) !Na (San)
  2. (b) Setswana
  3. (c) Silozi
  4. (d) Rukavango
  • ii. Signalberg providing coverage to Grootfontein
  1. (a) Rukavango
  2. (b) Silozi
  3. (c) Setswana
  4. (d) !Na (San)

All technical documentation as required by Section G of the spectrum use licence application forms was submitted. Technical equipment specifications provided by the Namibian Broadcasting Corporation indicated the use of Constant Impedance Broadband (CIB) combiners requiring a minimum channel spacing of 0.8 MHz and Starpoint combines requiring a minimum channel spacing of 1.5 MHz.

It was further requested that the Authority considers assignment of frequencies between 88 MHz to 108 MHz. The services will be implemented on the existing broadcasting transmitter towers owned by Namibian Broadcasting Corporation located at Klein Waterberg tower providing FM broadcasting service to the Otjiwarongo area and at Signalberg providing FM broadcasting services to the Grootfontein area.

Taking into consideration that these sites are considered to be high sites being located on a mountain the Authority conducted an investigation on efficient use of spectrum to identify the proposed frequencies for assignment as identified below:

i.Klein Waterberg (Otjiwarongo) -Klein Waterberg (Otjiwarongo) -Klein Waterberg (Otjiwarongo) -
(a)!Na (San)91.2 MHz1KW
(b)Setswana94.4 MHz1KW
(c)Silozi101.2 MHz1KW
(d)Rukavango104.8 MHz1KW
ii.Signalberg (Grootfontein) -Signalberg (Grootfontein) -Signalberg (Grootfontein) -
(a)Rukavango92.3 MHz1KW
(b)Silozi95.5 MHz1KW
(c)Setswana98.8 MHz1KW
(d)!Na (San)102.3 MHz1KW

Following due process in terms of Regulations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licences the Authority published a notice in the Government Gazette 5470, Notice No 129, dated 27 May 2014 allowing fourteen (14) days for public comments. The commenting period lapsed on the 11 th June 2014 and no comments were received and therefore, no reply comments were required from the Namibian Broadcasting Corporation.

The Namibian Broadcasting Cooperation is a State Owned Enterprise, established in terms of section 2 of the Namibia Broadcasting Cooperation Act (No. 9 of 1991) and is governed in terms of the State Owned Enterprises Governance Council Act (No. 2 of 2006).

Although the Namibian Broadcasting Corporation already offers National Radio, NBC Afrikaans, NBC Damara/Nama, NBC German, NBC Oshiwambo and NBC Otjiherero within this area, broadcasting in the additional four languages namely Rukavango, !Na San, Setswana and Silozi will extend public broadcasting service to more listeners.

To date four (4) commercial broadcasting licensees (Radiowave, Omulungu Radio, Radio Kudu, HitRadio and Cosmos Digital Namibia) and one (1) community broadcasting licensee (Media for Christ) provides broadcasting services in English and Afrikaans in Grootfontein whilst Otjiwarongo is served by seven (7) commercial broadcasters (Omulungu Radio, Hitradio, Radio Kudu, Equity Broadcasting, Radio 99, Radiowave, Cosmos Digital Namibia), one (1) community broadcaster (Media for Christ). The Authority notes that no existing commercial and community broadcasting service licensees providing services in these geographical areas (Otjiwarongo and Grootfontein) offers programs in the aforementioned four languages. The services to be provided by the Namibian Broadcasting Corporation will address this gap in the provision of radio-broadcasting.

All aforementioned broadcasting licensees with the exception of Media for Christ is located within the respective towns with power output of up to 250 Watt and therefore only serve the immediate areas of Grootfontein and Otjiwarongo whilst the Namibian Broadcasting Corporation will also serve the surrounding rural areas by deploying a power output of 1 KW.

Pursuant to the provisions of section 101(6) of the Act, an applicant may only be issued with a spectrum use licence, where the operation of a network or the provision of broadcasting service or the use thereof entails the use of radio waves. The spectrum applied for by the Namibian Broadcasting Corporation is not deemed to be licence exempt and therefore, requires spectrum use licences to be issued by the Authority after due consideration of the applications submitted.

The application submitted complies with all technical requirements as required by regulation 6(2) (f) of the Regulations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licenses and Spectrum Use License and as set out in Section G of the Spectrum Use application form in that documentation containing site coordinates, coverage plots, antenna heights and equipment specifications were submitted.

The Authority does no limit its analysis to technical information submitted by the applicant, but also considers:

  • i. The ability of licensees to utilise spectrum efficiently as prescribed in the Regulations Setting out Licence Conditions for Spectrum Use Licence published in Government Gazette 5354 Notice No. 469 dated 2 December 2013;

  • ii. The objectives of the Communications Act as contained in section 2(h) of the Communications Act, 2009; and

  • iii. The promotion of fair competition as contained in chapter IV of the Communications Act, 2009.

The Namibian Broadcasting Corporation is in good standing with the Authority.

In light of the above, the Authority awarded the additional spectrum to NBC as contained in the Notice above to offer FM broadcasting services in Rukavango, Silozi, Setswana and !Na (San) to be transmitted from Klein Waterberg and Signalberg respectively, for coverage in the geographical areas of Otjiwarongo and Grootfontein and surrounding rural areas with a power output of 1 KW and a channel spacing of 0.8 MHz.

The licence is awarded subject to the Communications Act, 2009 (Act No. 8 of 2009) and the Regulations Regarding Licence Conditions for Spectrum Use Licensee as published in Government Gazette No. 5354, General Notice No. 469, dated 2 December 2013.

L.N. JACOBS CHAIR PERSON OF THE BOARD COMMUNICATIONS REGULATORY AUTHORITY

________________

COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA

No. 388

2014

NOTICE IN TERMS OF THE REGULATIONS REGARDING LICENSING PROCEDURES FOR TELECOMMUNICATIONS AND BROADCASTING SERVICE LICENCES AND SPECTRUM USE LICENCES

The Communications Regulatory Authority of Namibia, in terms of sections 85 and 101 of the Communications Act (No. 8 of 2009) read with regulations 5, 6 and 11 of the 'Regulations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licences', in Government Gazette No. 4785, General Notice No. 272, dated 29 August 2011 (as amended), herewith gives notice that the Applicant referred to in the table below have submitted the following applications to the Authority:

(a) Broadcasting Service Licence Application:

Whether applicant Proof of Application fees paid up to date intends to use spec- trum in the provi- Provision submitted?

sion of broadcasting

of signal

Category of Broadcasting service licence as contemplated in the

Percentage of Stock services intended to distribu- Regulations Setting out Broad- owned by Namibian tion;

casting and Telecommunications

Citizens or Namibian

Applicant's citi- zenship or place of

Applicants Service Licence categories;

Companies Controlled

incorporation;

Name;

by Namibian Citizens;

be provided;

Yes

Yes

Own

Community Broadcasting Service Licence

100%

Namibian

Maroela Trust

Spectrum Use Licence Application:

(b)

Party provid- ing Signal Distri- bution;OwnOwn
Service to be provided using frequency applied for;Community Broadcasting ServiceFIXED
Maximum Output Power &Coordi- nates;250W S17º54'55.27' E15º17'17.22'
coverage area(s); City/Town;OndangwaTelecom Namibia Tower
of geographic District;OndangwaOndangwa
Description Region;OshanaOshana
List of radio fre- quencies or groups of radio frequencies being considered for assignment by the Authority;103.600 MHz450.0250 / 460.0250 MHz
List of radio frequencies or groups of radio frequencies ap- plied for;88- 108 MHz400.000 / 470.000 MHz
Percentage of Stock owned by Namib- ian Citizens or Namibian Companies controlled by Namibian Citizens;100%100%
Applicant's citizenship or place of incorpora- tion;NamibiaNamibia
Applicant's Name;Maroela TrustMaroela Trust

The public may submit comments in writing to the Authority within a period of fourteen (14) days from the date of publication of this notice in the Gazette .

The applicant may submit written reply comments within fourteen (14) days from the due date of the written public comments.

All written submissions must contain the name and contact details of the person making the written submissions and the name and contact details of the person for whom the written submission is made, if different and be clear and concise.

All written submissions and reply comments must be made either physically or electronically -

  • (1) By hand to the head offices of the Authority, namely Communication House, 56 Robert Mugabe Avenue, Windhoek;
  • (2) By post to the head offices of the Authority, namely Private Bag 13309, Windhoek 9000;
  • (3) By electronic mail to the following address: legal@cran.na;
  • (4) By facsimile to the following facsimile number: +264 61 222790; or
  • (5) By fax to e-mail to: 0886550852.

L.N. JACOBS CHAIR PERSON OF THE BOARD COMMUNICATIONS REGULATORY AUTHORITY

________________

COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA

No. 389

2014

NOTICE OF AMENDMENT IN TERMS OF SECTON 101(13) OF THE COMMUNICATIONS ACT (NO 8 OF 2009) AND REGULATION 8(2) & 11 OF THE REGULATIONS REGARDING LICENSING PROCEDURES FOR TELECOMMUNICATIONS AND BROADCASTING SERVICE LICENCES AND SPECTRUM USE LICENCES

The Communications Regulatory Authority of Namibia, in terms of section 101(13) of the Communications Act, 2009 (Act No. 8 of 2009) and regulations 8 and 11 of the 'Regulations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licence, in Government Gazette No. 4785, Notice No. 272 dated 29 August 2011 (as amended), herewith gives notice that the following Spectrum Use licenses of The Namibian Broadcasting Corporation have been amended effective from date of publication of this notice in the Gazette .

Licensee's citizenship or place of incorpora- tion;Percentage of Stock owned by Namib- ian Citizens or NamibianAmendment;Reasons for the proposed amend- ment;Description of geographic coverage area(s)Description of geographic coverage area(s)Description of geographic coverage area(s)License Fees Out- stand-
Licensee;Companies controlled by Namibian Citizens;Region;District;City/ Town;ing;
Namibian Broadcast- ing Corpora- tion (NBC)Established in terms of section 2 of the Namib- ian Broad- casting Corporation Act (Act No 9 of 1991)State Owned EnterpriseIncrease the output power of the following transmitters from 100 Watts to 1000 Watts: 1. Afrikaans 2. German 3. Damara/ Nama 4. Setswana 5. Silozi 6. San Increase the output power of the following transmitters from 100 Watts to 5000 Watts: 1. Otjiherero 2. RukavangoThe NBC has con- ducted a study on populations demograph- ics covered within the current out- put power limits in the concerned district and would like to increase coverage by increas- ing output power.OshanaOshakatiOshakatiNo

Reasons for the Authority's decision

In accordance with the Regulations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licences, the Namibian Broadcasting Corporation submitted an application for amendment of their spectrum use licences for FM Broadcasting in the geographical area of Oshakati to increase power output from 100W to 1KW for the following services; NBC Afrikaans, German, Damara/Nama, Tswana, Lozi and San and to increase power output from 100W to 5 KW for the services of NBC Herero and Kavango, respectively. The application was accompanied by all relevant documentation and was submitted to the Authority on 18th December 2013 for consideration.

Following due process in terms of regulations 8 and 11 of the Regulations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licences, the Authority published a notice in the Government Gazette 5460; Notice No 105 dated 08th May 2014, allowing fourteen (14) days for public comment. No comments were received and therefore, no reply comments were requested from the Namibian Broadcasting Corporation.

Section 101(13) of the Communications Act, 2009 (Act No. 8 of 2009) mandates the Authority to amend a spectrum use licence upon request by the concerned licensee. The NBC indicated that it has conducted a study on population demographics covered within the current output power limits and would like to increase coverage by increasing output power. Therefore, the increase of power output on the transmitters of the Namibian Broadcasting Corporation will consequently increase the coverage area for FM broadcasting content allowing more consumers to listen to the various language channels broadcasted by the Namibian Broadcasting Corporation in Oshakati and surrounding areas.

The Authority is of the opinion that approval of the application submitted will be of benefit to the consumer, and will not have a negative impact on existing broadcasting service licensees in the same geographical areas. In addition, the application has no impact on the spectrum use licences awarded by the Authority on 13th September 2012. The Namibian Broadcasting Corporation has paid all outstanding fees in respect of the licenses in question.

In light of the above, the Authority herewith approves the application for amendment of spectrum use licences submitted by the Namibian Broadcasting Corporation to increase the power output from 100W to 1KW and 5 KW (respectively) for the aforementioned spectrum use licences, in order to increase the coverage for the FM broadcasting services.

L.N. JACOBS CHAIR PERSON OF THE BOARD COMMUNICATIONS REGULATORY AUTHORITY

________________

COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA

No. 390

2014

NOTICE IN TERMS OF THE REGULATIONS REGARDING LICENSING PROCEDURES FOR TELECOMMUNICATIONS AND BROADCASTING SERVICE LICENCES AND SPECTRUM USE LICENCES

The Communications Regulatory Authority of Namibia, in terms of regulation 11 of the 'Regulations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licences', in Government Gazette No. 4785, Notice No. 272, dated 29 August 2011 (As amended), herewith gives notice that the person referred to in the table below has submitted the following applications to the Authority:

Broadcasting Service Licence

(a)

Yes
Yes
Own
Commercial Broadcasting Service Licence
100%
Namibia
Okati Global Trading CC

Spectrum Use Licence

(b)

Yes
Own
C o mmerc i a l Broadcasting Ser- vice
Oshakati
Oshakati
Oshana
101.100 MHz
88- 108 MHz
100%
Namibia
Okati Global Trading cc

The public may submit comments in writing to the Authority within a period of fourteen (14) days from the date of publication of this notice in the Gazette. The applicant may submit written reply comments within fourteen (14) days from date of notification of the written public comments.

All written submissions must contain the name and contact details of the person making the written submissions and the name and contact details of the person for whom the written submission is made, if different, and be clear and concise.

All written submissions must be made either physically or electronically -

  • (1) By hand to the head offices of the Authority, namely Communication House, 56 Robert Mugabe Avenue, Windhoek;
  • (2) By post to the head offices of the Authority, namely Private Bag 13309, Windhoek 9000;
  • (3) By electronic mail to the following address: legal@cran.na;
  • (4) By facsimile to the following facsimile number: +264 61 222790; or
  • (5) By fax to e-mail to: 0886550852.

L.N. JACOBS CHAIRPERSON OF THE BOARD COMMUNICATIONS REGULATORY AUTHORITY

________________