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5683

N$7.60

GOVERNMENT GAZETTE​

OF THE REPUBLIC OF NAMIBIA​

WINDHOEK - 2 March 2015

CONTENTS​

No. 5683

Page

GENERALNOTICESGENERALNOTICESGENERALNOTICES
No. 97Communications Regulatory Authority of Namibia: Notice in terms of Section 53 (10) of the Com- munications Act, 2009 (Act No. 8 of 2009) read with Regulation 8(1) of the Regulations Regarding the Submissions of Interconnection Agreements and Tariffs ................................................................2
No. 98Communications Regulatory Authority of Namibia: Notice in terms of the Regulations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licences .................................................................................................................................................4
No. 99Communications Regulatory Authority of Namibia: Notice in terms of Section 53 of the Communica- tions Act , 2009 (Act No. 8 of 2009) read with the Regulations Regarding the Submissions of Inter- connection Agreements and Tariffs .......................................................................................................7
No. 100Communications Regulatory Authority of Namibia: Notice in terms of the Regulations Regarding the Submissions of Interconnection Agreements and Tariffs ......................................................................10
No. 101Communications Regulatory Authority of Namibia: Notice in terms of Secton 31 of the Communica- tions Act, 2009 (Act No. 8 of 2009) read with Regulations 11 and 20 of the Regulations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licences .................................................................................................................................................12
No. 102Communications Regulatory Authority of Namibia: Notice in terms of Section 53 of the Communica- tions Act, 2009 (Act No. 8 of 2009) read with the Regulations Regarding the Submissions of Inter- connection Agreements and Tariffs .......................................................................................................12

________________

No. 97

2015

NOTICE 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 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 Gazette No. 4714, Notice No. 126, dated 18 May 2011, herewith gives notice that it has approved the amendment of the permanent tariffs as submitted by Salt Essential IT (Pty) Ltd which notwithstanding date of publication of this notice, came into force on 23 November 2014 .

REASONS FOR THE APPROVAL OF THE TARIFFS​

Salt Essential IT (Pty) Ltd (hereinafter referred to as 'Salt Essential') filed for the approval of the amendment of its tariffs on 19 September 2014 in terms of section 53 (1) and (7) of the Communications Act, 2009 (Act No. 8 of 2009) (hereinafter referred to as the 'Communications Act').

The proposed tariffs were published in General Notice No. 386 in Gazette No. 55957 dated 20 October 2014 for public comments in terms of section 53 (10) of the Communications Act and regulation 8 of the 'Regulations Regarding the Submission of Interconnection Agreements and Tariffs'. The date of submission was 19 September 2014 and the request for implementation was 23 November 2014, being 60 days from date of submission.

The tariff information is as follows:

TABLE 1: TARIFFS

ProductQty. UnitPrice per Unit N$ 2013Price per Unit N$ as requested%Increase Requested
Internet Access Services
Enterprise Internet Bandwidth (Dedicated, VPN and IP Publish- ing)per kbps from 64 kbps in 64kbps increments up to 2048kbps14.00no changes0%
SME Internet Bandwidth (Shared, No VPN, No IP Pub- lishing)per kbps, 512, 768, 1024, 1536, 20401.85no changes0%
Messaging &Collaboration Services
MS Exchange Messaging (1 GByte, Anti-Spam, ActiveSync, Backup, CAL, Outlook License and Software)per mailbox80.0084.005%
MS Exchange Messaging (1 GByte, Anti-Spam, ActiveSync, Backup, CAL, Outlook License and Software) for customers with more than 200 mailboxesper mailbox70.0073.505%

General Notices​

COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA​

ProductQty. UnitPrice per Unit N$ 2013Price per Unit N$ as requested%Increase Requested
MS Exchange Messaging (1 GByte, Anti-Spam, ActiveSync, Backup, CAL, Outlook License but no software)per mailbox60.0063.005%
- Additional Storage space (per GByte per Mailbox above Gbytes * numbers of users)per GByte (ac- tual storage, if n*user Gbyte for all users is exceeded)30.00no0%
- Fax Integration (GFI)per user (optional)73.0081.5012%
- Black Berry Integrationper user (optional)9.50product discon- tinued
Mail Archiving (Backup, Li- cense, WebAccess)per user (optional)9.9012.8029%
- Storage space incl. backup for Mail Archiving (min. 1 GByte)per GByte (actual storage)30.00no changes0%
- Storage space incl. backup for Mail Archiving (min. 50 GByte)per GByte (actual storage)25.00no changes0%
- Storage space incl. backup for Mail Archiving (min. 100 GByte)per GByte (actual storage)10.00no changes0%
- Storage space incl. backup for Mail Archiving (min. 500 GByte)per GByte (actual storage)8.00no changes0%
- Storage space incl. backup for Mail Archiving (min. 1000 GByte)per GByte (actual storage)6.00no changes0%
- Storage space incl. backup for Mail Archiving (min. 2000 GByte)per GByte (actual storage)4.00no changes0%
WAN Services
WAN- Link between Customer and SALT Co-Location (MPLS Wireless BB via ITN)wholesale pricing giv- en by ITN + N$200,- Management Feeas per formularnot changed0%
WAN- Link between Customer and SALT Co-Location (MPLS DIGICON via ITN)wholesale pricing from Service pro- vider (price less 20% on backhaul fee) + N$200,- management feeas per formularnot changed0%
WAN- Link between Customer and SALT Co-Location (any other ISP, MPLS via Telecom Namibia)wholesales pricing as per reseller contract or per quotation
WAN- Link between Customer and SALT Co-Location (Metro Ethernet - MPLS link Kbps as per last mile link, for pro rata usage on Metro E link to MPLSper kbps0.500.536%
WAN- Management Fee only - (contract with WANlink pro- vider resides with customer)per link200.00210.005%
ProductQty. UnitPrice per Unit N$ 2013Price per Unit N$ as requested%Increase Requested
Third Party Once-Off Setup Fees (Telecom, ITN, etc.)per linkservice pro- vider fee + N$250,-no changes0%
DNS &Web Services
Domain Name &Website Host- ing (1 second level .na domain, e.g. com.na, 1 GByte Website space)per website134.00141.005%

All requirements in terms of section 53 of the Act that deals with the approval of tariffs have been adhered to as follows:

  1. The tariffs were published as stipulated in section 53(10) of the Communications Act for comment and Salt Essential stated that the tariff would come into force on 23 November 2014 as required by section 53(8) of the Communications Act that the Licensee has to indicate the date that the tariffs will come into force.
  2. All pertinent information as required by section 53(9) of the Communications Act was submitted to the Authority such as the terms and conditions, which includes rights and remedies available to customers in the event of disputes.
  3. All cost accounting information as required by section 53(18) of the Communications Act was submitted to Authority.

The tariffs as submitted are competitive and compares to other tariffs in the market and the big players in the market. The amendments requested are in line with inflationary pressures as well as the pressure that the smaller telecommunications operators are experiencing from Telecom Namibia Limited.

In light of the above, the Authority approved the request for amendment of permanent tariffs for Salt Essential IT (Pty) Ltd. The tariffs are reasonable, and are not deemed discriminatory or impairing competition.

L.N. JACOBS CHAIRPERSON OF THE BOARD OF DIRECTORS COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA​

________________

COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA​

No. 98

2015

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 :

Spectrum Use Licence Application:

Party provid- ing Signal Distri- bution;Own
Service to be provided using fre- quency ap- plied for;N/A 1
Licence Fees Outstanding?No
coverage area(s); City/Town;Omaruru S21º43'00.0' E15º31'00.0'
geographic District;Omaruru
Description Region;Erongo
List of radio frequencies or groups of ra- dio frequencies awarded by the Authority;89.1 MHz Rukavango 92.2 MHz Silozi 95.4 MHz Setswana 98.7 MHz San
Percentage of Stock owned by Namibian Citizens or Na- mibian Compa- nies controlled by Namibian Citizens;State Owned Enterprise
Licensee's citi- zenship or place of incorporation;Established in terms of section 2 of the Namib- ian Broadcasting Act (Act No 9 of 1991)
Licensee's Name;Namibian Broad- casting Corpora- tion (NBC)

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 NBC.

REASONS FOR THE AWARD OF THE LICENCE​

On 12 September 2013, the Namibian Broadcasting Corporation submitted to the Authority four (4) spectrum use licences applications to provide FM broadcasting services in Omaruru and surrounding rural areas (From Erongo Mountain) for consideration in terms of section 101 of the Communications Act 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 dated 29 August 2011 (as amended).

Section 93 of the Communications Act, 2009 (Act No. 8 of 2009) (hereinafter referred to as 'the Act') provides that Chapter IV of the Act is not applicable to the Namibian Broadcasting Corporation until such date as determined by the Minister of Information Communications and Technology. As such, although the spectrum applied for requires a service licence, the Authority has not issued a broadcasting service licence to the Namibian Broadcasting Corporation to date. The spectrum applied for by the Namibian Broadcasting Corporation is not deemed to be service licence exempt and therefore it is required that spectrum use licences be issued by the Authority after due consideration of the applications submitted.

The Namibian Broadcasting Corporation submitted the spectrum use applications to expand FM broadcasting services in Omaruru and surrounding areas for the following languages in addition to radio services already provided -

  • i. Rukavango
  • ii. Silozi
  • iii. Setswana
  • iv. San

All technical documentation as required by Section G of the spectrum use licence application form was submitted together with the complete application forms. 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. It was further requested that the Authority consider the assignment of frequencies between 88 MHz to 108 MHz. The additional services will be implemented on the existing NBC tower located on Erongo Mountain with a power output of 100W.

Taking into consideration that this is a high mountain site, the Authority proposes frequencies for assignment as follows:

i.Rukavango89.1 MHz
ii.Silozi92.2 MHz
iii.Setswana95.4 MHz
iv.San98.7 MHz

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 No. 5611, General Notice No 401, dated 10 November 2014 allowing fourteen (14) days for public comments. No comments were received and therefore, no reply comments were requested from the Namibian Broadcasting Corporation.

FM broadcasting services provided from Erongo Mountain serves a population of 2,642 within the geographical area of Omaruru and surrounding rural areas. 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, San, Setswana and Silozi will extend public broadcasting service to more listeners.

The Authority noted that no existing commercial and community broadcasting service licensees providing services in this geographical area offers programs in the aforementioned four languages. The intended services to be provided by the Namibian Broadcasting Corporation will address this gap in radio broadcasting service provisioning.

The application submitted complies with all technical requirements as set out in Section G of the Spectrum Use application form in terms of site coordinates, coverage plots, antenna heights and equipment specifications. The Namibian Broadcasting Corporation is in good standing with the Authority.

The Authority approved the application of additional spectrum to offer FM broadcasting services in Rukavango, Silozi, Setswana and San to be transmitted from Erongo Mountain for the geographical areas of Omaruru and surrounding rural areas with a power output of 100W.

In terms of section 101(2) of the Communications Act and the Regulations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licenses and Spectrum Use Licenses, the Authority approved the award of spectrum use licences to the Namibian Broadcasting Corporation for the implementation of FM Broadcasting services with a channel spacing of 0.8 MHz located on Erongo mountain to provide services in the Omaruru and surrounding rural geographical areas as follows -

a.Rukavango89.1 MHz100W
b.Silozi92.2 MHz100W
c.Setswana95.4 MHz100W
d.San98.7 MHz100W

The licences are 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 CHAIRPERSON OF THE BOARD OF DIRECTORS COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA​

________________

COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA​

No. 99

2015

NOTICE IN TERMS OF SECTION 53 OF THE COMMUNICATIONS ACT, 2009 (ACT NO. 8 OF 2009) READ WITH THE REGULATIONS REGARDING THE SUBMISSIONS OF INTERCONNECTION AGREEMENTS AND TARIFFS​

The Communications Regulatory Authority of Namibia, in terms section 53 of the Communications Act read with regulation 8 of the 'Regulations Regarding the Submission of Interconnection Agreements and Tariffs', in Gazette No. 4714, Notice No. 126, dated 18 May 2011, herewith gives notice of the following tariffs for Fixed Broadband Packages as submitted by Telecom Namibia Limited , which, notwithstanding date of publication of this notice, came into force on 20 November 2014.

TARIFFS FOR FIXED BROADBAND PACKAGES BY TELECOM NAMIBIA LIMITED COMMUNICATIONS ACT, 2009​

SCHEDULE 1​

Current Speed (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)
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$) ( 12-months)4997498991,1991,449
Monthly Charge (N$) (24-month)3995996999991,149
Monthly Charge (N$) (36-month)3495496499491,099
Speedlink BusinessSpeedlink BusinessSpeedlink BusinessSpeedlink BusinessSpeedlink BusinessSpeedlink BusinessSpeedlink Business
Package1024k2048k4096k6144k8192k10240k
CPEMedium Range CPE with Wi-FiMedium Range CPE with Wi-FiHigh Range CPE with Wi-FiHigh Range CPE with Wi-FiHigh Range CPE with Wi-FiHigh Range CPE with Wi-Fi
Downlink Speed1024k2048k4096k6141k8192k10240k
Uplink Speed512k1024k2048k2048k2048k2048k
Number of Voice/Fax numbers346666
Number of concurrent voice calls235555
Fax2email number/s222222
Internet UsageUnlimitedUnlimitedUnlimitedUnlimitedUnlimitedUnlimited
Email addresses3815202540
Web space100100200200200200
On-net voice minutes100100150300300400
Monthly Charge (N$) (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 UsageUnlim- itedUnlim- itedUnlim- itedUnlim- itedUnlim- itedUnlim- ited
Email addresses55551010
Web space200200200200500500
On-net voice minutes100100100300300400
Monthly Charge (N$) (12-month)1,849.002,014.883,219.374,858.926,024.477,363.47
Monthly Charge (N$) (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

REASONS FOR THE APPROVAL OF THE TARIFFS:​

Telecom Namibia Limited (hereinafter referred to as 'Telecom Namibia'), submitted to the Authority the above amended tariffs to fixed Broadband Packages on 18 September 2014, for approval in terms of section 53 (1) and (7) of the Communications Act, 2009 (Act No. 8 of 2009) (hereinafter referred to as 'the Act').

The proposed tariffs were published as General Notice No. 385 in Gazette No. 5595 dated 20 October 2014 for public comments, in terms of section 53(10) of the Act and regulation 8 of the 'Regulations Regarding the Submission of Interconnection Agreements and Tariffs' published in Gazette No. 4714 18 May 2011.

The public comments lapsed on 3 November 2014 and no comments were received in respect of the tariffs, and as such no reply comments were required from Telecom Namibia.

The tariffs were submitted on 18 September 2014 and the date of implementation was 17 November 2014, being 60 days from date of submission as required by section 53 (8) of the Communications Act .

FINANCIAL AND ECONOMIC ANALYSIS OF THE TELECOM NAMIBIA LIMITED TARIFFS FOR TN1 PACKAGES​

Telecom Namibia submitted the new tariffs in terms of section 53(1) and (7) of the Act, which stipulates that all rates and charges received in respect of any telecommunications services must be in accordance with a tariff filed and permitted to come into operation in accordance with the provisions of section 53 and it should be filed in the prescribed manner with the Authority for approval.

The tariff information submitted to the Authority by Telecom Namibia is as provided for in the tables herein above.

The amendment as proposed increases the capacity package link speed to the next level whilst the price stays at the previous price e.g. 384Kb/s increases to 512Kb/s but at the previous 384Kb/s price. This will lead to an increased benefit to the customer of about 50% on increased speed.

This change in capacity at the previous rate should allow Telecom Namibia to more effectively compete against Mobile Telecommunications Limited (MTC) and TN Mobile on the speeds that are offered on the 4G LTE packages.

All requirements in terms of section 53 of the Act that deals with the approval of tariffs have been adhered to as follows:

  1. The tariffs were published as stipulated in section 53(10) for comment and Telecom Namibia stated that the tariff would come into force once the Authority approved the tariff as required by section 53(8) of the Act that the Licensee has to indicate the date that the tariffs will come into force.
  2. All pertinent information as required by section 53(9) was submitted to the Authority such as the terms and conditions, which includes rights and remedies available to customers in the event of disputes.
  3. The tariffs contained the costing information as required by section 53(18) of the Act. The tariffs will benefit customers since it is in effect a reduction from previously approved tariffs. At the same time it will allow Telecom Namibia to become more competitive in an increasingly Mobile dominated market. As such the tariffs are reasonable, are not deemed discriminatory or impairing competition.

In light of the above, Authority approved the Fixed Broadband Packages as submitted by Telecom Namibia Limited.

L.N. JACOBS CHAIRPERSON OF THE BOARD OF DIRECTORS COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA​

________________

COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA​

No. 100

2015

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

The Communications Regulatory Authority of Namibia, in terms of Sections 53(2) and 53(7) 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 Gazette No. 4714, Notice No. 126, dated 18 May 2011, herewith gives notice that Mobile Telecommunication Limited has filed a tariff with the Authority as set out in Schedule 1 and Schedule 2 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 .

Mobile Telecommunication 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​

CHAIRPERSON OF THE BOARD OF DIRECTORS COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA​

SCHEDULE 1​

AWEH GIG​

SubscriptionTariff
Aweh GIGN$ 30.00100 min 700 SMS 1 GB data

Particulars of the tariff:

Customer opt-in via COS migration via 134 SMS #AwehGig# to 134.

7 days subscription ends automatically at the end of the day (at 24:00).

Out of bundle, national minutes N$ 0.90, National SMS N$ 0.40, Megabyte N$ 0.50 with minimum fraction of 1 KB.

Rest tariffs, including roaming international and value add services are the same as those applied to generic pre-paid tariffs.

SCHEDULE 2​

SELECT PACKAGES​

SelectSubs/MonthMin InclSMS InclMBInclMin OoBSMS OoBMB OoBRoam
SN$ 159.00200200200N$ 0.90N$ 0.40N$ 0.90Post paid
MN$ 249.00300300300N$ 0.90N$ 0.40N$ 0.90
LN$ 399.00600600600N$ 0.90N$ 0.40N$ 0.90tariffs
XLN$ 749.009009002,400N$ 0.90N$ 0.40N$ 0.90tariffs

*Subs - subscription

Incl - included

OoB - Outside of Bundle

________________

No. 101

2015

NOTICE IN TERMS OF SECTON 31 OF THE COMMUNICATIONS ACT (NO 8 OF 2009) READ WITH REGULATIONS 11 & 20 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 31 of the Communications Act, 2009 (Act No. 8 of 2009) read with regulations 11 and 20 of the 'Regulations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licence, in Gazette No. 4785, General Notice No. 272 dated 29 August 2011 (as amended) herewith gives notice that the Authority has declined an Application for Reconsideration, submitted by the Namibian Broadcasting Corporation dated 1 July 2014 in respect of spectrum use licences awarded for Gobabis, Maltahöhe and Ur for Digital Terrestrial Television services as published in Gazette No. 5486, General Notice No. 161 dated 19 June 2014.

In terms of section 31 of the Communications Act the Authority further resolved that the Applicant should implement DTT services in Gobabis, Maltahöhe and Ur in accordance with the spectrum use licences awarded and published in Gazette No. 5486 dated 19 June 2014. The Authority also accepted the Applicant's withdrawal application for reconsideration in respect of the spectrum use licences awarded for Aranos and Aminius.

The reasons for the Authority's decision herein may be obtained from the offices of the Authority at No. 56, Robert Mugabe Avenue, Communications House. Windhoek.

L.N. JACOBS CHAIRPERSON OF THE BOARD OF DIRECTORS COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA​

________________

COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA​

No. 102

2015

NOTICE IN TERMS OF SECTION 53 OF THE COMMUNICATIONS ACT, 2009 (ACT NO. 8 OF 2009) READ WITH THE REGULATIONS REGARDING THE SUBMISSIONS OF INTERCONNECTION AGREEMENTS AND TARIFFS​

The Communications Regulatory Authority of Namibia, in terms of section 53 of the Communications Act, 2009 (Act No. 8 of 2009) hereinafter referred to as the 'Communications Act') read with regulation 8 of the Regulations Regarding the Submission of Interconnection Agreements and Tariffs as published in Gazette No. 4714, General Notice No. 126, dated 18 May 2011, herewith gives notice that it has approved the following retail tariffs for Time Division Multiplexing pricing as submitted by Telecom Namibia Limited which will come into force and effect as from date of publication in the Gazette .

COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA​

ANNEXUREAANNEXUREAANNEXUREAANNEXUREAANNEXUREAANNEXUREAANNEXUREAANNEXUREA
Data Links Bandwidth Fixed charges (MRC in N$)Data Links Bandwidth Fixed charges (MRC in N$)Data Links Bandwidth Fixed charges (MRC in N$)Data Links Bandwidth Fixed charges (MRC in N$)Data Links Bandwidth Fixed charges (MRC in N$)Data Links Bandwidth Fixed charges (MRC in N$)Data Links Bandwidth Fixed charges (MRC in N$)Data Links Bandwidth Fixed charges (MRC in N$)
Link Speed0 - 10 km11 - 50 km51-200 km201-300 km301-500 km501-1000 km>1000 km
64k422.06580.401,595.482,209.222,985.573,590.884,109.71
128k675.30928.642,552.783,534.754,776.925,745.416,575.54
192k717.50986.692,712.323,755.675,075.486,104.496,986.51
256k759.601,044.572,871.453,976.005,373.246,462.637,396.39
384k1,055.151,451.013,988.715,523.047,463.948,977.2010,274.28
512k1,254.031,724.494,740.516,564.028,870.7410,669.2212,210.77
768k1,831.742,518.956,924.409,588.0012,957.3915,584.4117,836.14
1024k2,242.893,084.348,478.6211,740.0715,865.7419,082.4121,839.55
1280k2,701.193,714.5810,211.1014,138.9919,107.6822,981.6226,302.15
1536k3,207.664,411.0612,125.6816,790.0522,690.3727,290.6831,233.80
1792k3,714.135,107.5514,040.2719,441.1026,273.0631,599.7336,165.46
2048k4,220.605,804.0315,954.8522,092.1629,855.7535,908.7941,097.11
2x E17,175.039,866.8527,123.2437,556.6850,754.7761,044.9469,865.08
3x E110,551.5114,510.0839,887.1255,230.4174,639.3789,771.97102,742.77
4x E113,716.9618,863.1051,853.2671,799.5497,031.18116,703.56133,565.60
5x E115,616.2321,474.9259,032.9481,741.01110,466.27132,862.52152,059.30
7x E121,103.0229,020.1679,774.24110,460.82149,278.74179,543.94205,485.54
8x E122,158.1730,471.1683,762.95115,983.86156,742.68188,521.14215,759.82
E332,076.5944,110.64121,256.85167,900.45226,903.68272,906.79312,338.02
STM184,412.07116,080.62319,096.96441,843.29597,114.96718,175.76821,942.16
NTU/Link SpeedMRCVat Excl
64kb/s up to E1615.37
E310,510.99
STM110,620.00
Local Lead MRC(Vat Excl)Local Lead MRC(Vat Excl)
82.00
Network InterconnectNRCVat ExclMRCVat Excl
E1 up to STM12,900.003,052.00
Data Links: Once- off(Set-up/Transfer) charges per link
Link SpeedNRC (In N$)
64k up to E13,500
>E1 up to E311,700
>E392,300
STM64 MRC(InN$) 1,812,060.532,377,691.272,454,650.693,662,871.572,497,200.633,705,421.522,543,148.613,797,317.481,425,599.731,604,769.671,889,542.432,490,105.122,380,287.913,471,596.082,380,287.913,471,596.082,315,960.743,342,941.74 2,290,355.47
2 x STM16 MRC(In N$)1,380,617.551,811,574.301,870,210.052,790,759.291,902,629.052,823,178.301,937,637.042,893,194.271,086,171.231,222,681.651,439,651.381,897,222.951,813,552.702,645,025.591,813,552.70 2,645,025.591,764,541.522,547,003.231,745,032.74
STM16 MRC(In N$)862,885.971,132,233.941,168,881.281,744,224.561,189,143.161,764,486.441,211,023.151,808,246.42678,857.02764,176.03899,782.111,185,764.341,133,470.441,653,140.99 1,133,470.441,653,140.991,102,838.451,591,877.021,090,645.46
2 x STM4 MRC(In N$)600,268.50787,641.00813,134.801,213,373.61827,230.021,227,468.83842,450.891,257,910.55472,248.36531,600.72625,935.38824,879.54788,501.171,150,011.12 788,501.171,150,011.12767,191.961,107,392.71758,709.89
STM4 MRC(In N$)375,167.81492,275.62508,209.25758,358.50517,018.76767,168.02526,531.80786,194.10295,155.22332,250.45391,209.61515,549.71492,813.23718,756.95 492,813.23718,756.95479,494.98692,120.44474,193.68
2 x STM1 MRC(In N$)260,986.30342,452.61353,536.87527,553.74359,665.23533,682.10366,282.99546,917.63205,325.37231,130.75272,145.82358,643.28342,826.60500,004.84342,826.60 500,004.84333,561.72481,475.09329,873.86
Route Pricing STM1 MRC(In N$)163,116.44214,032.88220,960.54329,721.09224,790.77333,551.31228,926.87341,823.52128,328.36144,456.72170,091.14224,152.05214,266.62312,503.02 214,266.62312,503.02208,476.08300,921.93206,171.16
National Express DS3 MRC(In N$)137,658.22163,116.44166,580.27220,960.54168,495.38222,875.66170,563.44227,011.76120,264.18128,328.36141,145.57168,176.02163,233.31212,351.51 163,233.31212,351.51160,338.04206,560.97159,185.58
4xE1 MRC(In N$)63,912.7575,732.6377,340.84102,588.8278,230.00103,477.9879,190.17105,398.3255,836.9459,581.0265,531.8778,081.7375,786.8998,591.77 75,786.8998,591.7774,442.6695,903.3173,907.59
3xE1 MRC(In N$)49,163.6558,255.8759,492.9578,914.4860,176.9279,598.4560,915.5181,075.6342,951.4945,831.5650,409.1360,062.8758,297.6175,839.83 58,297.6175,839.8357,263.5973,771.7756,851.99
2xE1 MRC(In N$)33,431.2839,613.9940,455.2153,661.8540,920.3154,126.9441,422.5555,131.4329,207.0131,165.4634,278.2140,842.7539,642.38 51,571.0839,642.3851,571.0838,939.2450,164.8138,659.36
E1 MRC(In N$)19,665.4623,302.3523,797.1831,565.7924,070.7731,839.3824,366.2132,430.2517,180.6018,332.6220,163.6524,025.1523,319.04 30,335.9323,319.0430,335.9322,905.4329,508.7122,740.80
ProtectionUnprotectedProtetctedUnprotectedProtectedUnprotectedProtectedUnprotectedProtectedUnprotectedProtectedUnprotectedProtectedUnprotectedProtected UnprotectedProtectedUnprotectedProtectedUnprotected
From - ToWindhoek - Swa- kopmundWindhoek - Swa- kopmundWindhoek - Katima MuliloWindhoek - Katima MuliloWindhoek - Zam- bian BorderWindhoek - Zam- bian BorderWindhoek - NgomaWindhoek - NgomaWindhoek - GobabisWindhoek - GobabisWindhoek - Bu- iteposWindhoek - Bu- iteposWindhoek - Ari- amsvlei Windhoek - Ari-amsvlei Windhoek - Vel-loorsdrift Windhoek - Vel- loorsdriftWindhoek - Oran- jemundWindhoek - Oran- jemundWindhoek - Os- hikango
3,291,731.182,238,583.253,230,736.691,849,283.622,452,137.442,092,835.232,939,240.662,201,300.803,156,171.802,042,905.10 2,839,380.402,747,805.314,249,180.81 2,790,355.254,291,730.762,836,303.23 4,383,626.722,182,697.053,076,414.362,921,899.724,554,819.70
2,507,985.661,705,587.232,461,513.671,408,978.001,868,295.191,594,541.132,239,421.461,677,181.562,404,702.331,556,499.122,163,337.442,093,565.953,237,471.092,125,984.963,269,890.102,160,992.94 3,339,906.071,663,007.282,343,934.752,226,209.313,470,338.82
1,567,491.041,065,992.021,538,446.04880,611.251,167,684.50996,588.211,399,638.411,048,238.481,502,938.95972,811.951,352,085.901,308,478.722,023,419.43 1,328,740.602,043,681.311,350,620.592,087,441.291,039,379.551,464,959.221,391,380.822,168,961.76
1,090,428.55741,559.671,070,223.33612,599.13812,302.26693,278.75973,661.50729,209.381,045,522.75676,738.75940,581.50910,246.061,407,596.13 924,341.281,421,691.35939,562.151,452,133.07723,046.641,019,102.06967,917.091,508,842.97
681,517.84463,474.79668,889.58382,874.46507,688.91433,299.22608,538.44455,755.86653,451.72422,961.72587,863.44568,903.79879,747.58 577,713.30888,557.09587,226.34907,583.17451,904.15636,938.79604,948.18943,026.85
474,099.37322,417.25465,314.49266,347.45353,174.89301,425.54423,331.09317,047.55454,575.11294,234.24408,948.48 395,759.16611,998.32 401,887.52618,126.67408,505.28631,362.21314,368.11443,087.85420,833.52656,018.68
296,312.11201,510.78290,821.56166,467.15220,734.31188,390.97264,581.93198,154.72284,109.44183,896.40255,592.80247,349.47382,498.95 251,179.70386,329.17255,315.80394,601.38196,480.07276,929.91263,020.95410,011.68
204,256.05156,855.39201,510.78139,333.58166,467.15150,295.48188,390.97155,177.36198,154.72148,048.20183,896.40179,774.74247,349.47 181,689.85249,264.59183,757.90253,400.69154,340.03194,564.95187,610.47261,105.84
94,833.1772,825.7293,558.5864,690.5977,288.3269,780.0587,467.2372,046.6392,000.4168,736.6685,380.4783,466.84114,840.83 84,356.00115,729.9985,316.17117,650.3271,657.8790,333.7387,104.86121,227.71
72,948.5956,019.7871,968.1449,761.9959,452.5653,676.9667,282.4955,420.4970,769.5452,874.3665,677.29 64,205.2688,339.10 64,889.2389,023.0765,627.8290,500.2555,121.4469,487.4867,003.7493,252.08
49,605.0438,093.4548,938.3333,838.1540,427.7436,500.3345,752.0937,685.9348,123.2935,954.5644,660.55 43,659.5860,070.59 44,124.6860,535.6944,626.9261,540.1737,482.5847,251.4945,562.5463,411.42
29,179.4422,407.9128,787.2519,904.8023,781.0221,470.7826,913.0022,168.1928,307.8221,149.7426,270.9125,682.1135,335.64 25,955.6935,609.2326,251.1336,200.1022,048.5827,794.9926,801.5037,300.83
ProtectedUnprotectedProtectedUnprotectedProtectedUnprotectedProtectedUnprotectedProtectedUnprotectedProtectedUnprotectedProtected UnprotectedProtectedUnprotectedProtectedUnprotectedProtectedUnprotectedProtected
Windhoek - Os- hikangoWindhoek - RunduWindhoek - RunduWindhoek - Wal- vis BayWindhoek - Wal- vis BayWindhoek - TsumebWindhoek - TsumebWindhoek - Os- hakatiWindhoek - Os- hakatiWindhoek - Keet- manshoop Windhoek - Keet-manshoop Swakopmund -Katima Mulilo Swakopmund -Katima Mulilo Swakopmund -Zambian Border Swakopmund - Zambian BorderSwakopmund - NgomaSwakopmund - NgomaSwakopmund - BuiteposSwakopmund - BuiteposSwakopmund - AriamsvleiSwakopmund - Ariamsvlei
2,921,899.724,554,819.702,857,572.554,426,165.362,267,086.263,245,192.771,565,654.262,264,226.933,409,410.855,529,841.96 3,451,960.805,572,391.903,497,908.785,664,287.862,844,302.604,357,075.50 3,243,386.075,155,242.453,409,410.855,529,841.963,451,960.80
2,226,209.313,470,338.822,177,198.143,372,316.461,727,303.822,472,527.831,714,764.192,479,867.592,597,646.364,213,212.922,630,065.374,245,631.932,665,073.364,315,647.902,167,087.693,319,676.57 2,471,151.293,927,803.772,597,646.364,213,212.922,630,065.37
1,391,380.822,168,961.761,360,748.832,107,697.791,079,564.891,545,329.891,071,727.621,549,917.241,623,528.982,633,258.071,643,790.862,653,519.951,665,670.85 2,697,279.931,354,429.812,074,797.861,544,469.562,454,877.361,623,528.982,633,258.071,643,790.86
967,917.091,508,842.97946,607.891,466,224.55751,001.661,075,012.10745,549.651,078,203.301,129,411.461,831,831.701,143,506.681,845,926.921,158,727.551,876,368.65 942,212.041,443,337.641,074,413.611,707,740.771,129,411.461,831,831.701,143,506.68
604,948.18943,026.85591,629.93916,390.34469,376.04671,882.56465,968.53673,877.06705,882.161,144,894.81714,691.681,153,704.33724,204.721,172,730.41 588,882.53902,086.02671,508.501,067,337.98705,882.161,144,894.81714,691.68
420,833.52656,018.68411,568.65637,488.93326,522.46467,396.56324,152.02468,784.04491,048.46796,448.57497,176.82802,576.92503,794.59815,812.46 409,657.41627,538.10467,136.35742,495.99491,048.46796,448.57497,176.82
263,020.95410,011.68257,230.40398,430.58204,076.54292,122.85202,595.01292,990.03306,905.29497,780.35310,735.51501,610.58314,871.62509,882.79256,035.88 392,211.32291,960.22464,059.99306,905.29497,780.35310,735.51
187,610.47261,105.84184,715.20255,315.29158,138.27202,161.43157,397.51202,595.01209,552.64304,990.18211,467.76306,905.29213,535.81311,041.39184,117.94 252,205.66202,080.11288,130.00209,552.64304,990.18211,467.76
87,104.86121,227.7185,760.63118,539.2473,421.3493,860.6673,077.4194,061.9797,292.30141,602.5898,181.46142,491.7499,141.63144,412.0885,483.33117,095.48 93,822.91133,774.6497,292.30141,602.5898,181.46
67,003.7493,252.0865,969.7191,184.0356,477.9572,200.5156,213.4072,355.3674,840.23108,925.0675,524.20109,609.0376,262.79111,086.21 65,756.4190,073.4572,171.47102,903.5774,840.23108,925.0675,524.20
45,562.5463,411.4244,859.4162,005.1438,405.0149,096.3538,225.1149,201.6550,891.3674,069.0451,356.4574,534.1451,858.7075,538.62 44,714.3661,249.9549,076.6069,974.4350,891.3674,069.0451,356.45
26,801.5037,300.8326,387.8936,473.6122,591.1828,880.2022,485.3628,942.1429,936.0943,570.0330,209.6843,843.6130,505.1244,434.48 26,302.5636,029.3828,868.5941,161.4329,936.0943,570.0330,209.68
UnprotectedProtectedUnprotectedProtectedUnprotectedProtectedUnprotectedProtectedUnprotectedProtectedUnprotectedProtectedUnprotectedProtected UnprotectedProtectedUnprotectedProtectedUnprotectedProtectedUnprotected
Swakopmund - VelloorsdriftSwakopmund - VelloorsdriftSwakopmund - OranjemundSwakopmund - OranjemundSwakopmund - OshikangoSwakopmund - OshikangoSwakopmund - OshakatiSwakopmund - OshakatiAriamsvlei - Katima MuliloAriamsvlei - Katima MuliloAriamsvlei - Zam- bian BorderAriamsvlei - Zam- bian BorderAriamsvlei - Ngoma Ariamsvlei -Ngoma Ariamsvlei - Bu- iteposAriamsvlei - Bu- iteposAriamsvlei - Os- hikangoAriamsvlei - Os- hikangoVelloorsdrift - Katima MuliloVelloorsdrift - Katima MuliloVelloorsdrift - Zambian Border
5,572,391.903,497,908.785,664,287.862,844,302.604,357,075.503,243,386.075,155,242.453,345,083.685,401,187.613,387,633.63 5,443,737.563,433,581.615,535,633.522,779,975.434,228,421.163,179,058.90 5,026,588.112,300,504.993,312,030.242,535,431.413,724,975.72
4,245,631.932,665,073.364,315,647.902,167,087.693,319,676.572,471,151.293,927,803.772,548,635.184,115,190.562,581,054.194,147,609.572,616,062.184,217,625.542,118,076.523,221,654.212,422,140.11 3,829,781.411,752,765.712,523,451.611,931,757.272,838,076.74
2,653,519.951,665,670.852,697,279.931,354,429.812,074,797.861,544,469.562,454,877.361,592,896.992,571,994.101,613,158.872,592,255.981,635,038.862,636,015.96 1,323,797.822,013,533.881,513,837.572,393,613.381,095,478.571,577,157.251,207,348.291,773,797.96
1,845,926.921,158,727.551,876,368.65942,212.041,443,337.641,074,413.611,707,740.771,108,102.251,789,213.291,122,197.481,803,308.511,137,418.341,833,750.23920,902.83 1,400,719.221,053,104.401,665,122.35762,072.051,097,152.87839,894.461,233,946.41
1,153,704.33724,204.721,172,730.41588,882.53902,086.02671,508.501,067,337.98692,563.911,118,258.30701,373.421,127,067.82710,886.461,146,093.90575,564.27 875,449.51658,190.251,040,701.47476,295.03685,720.55524,934.04771,216.50
802,576.92503,794.59815,812.46409,657.41627,538.10467,136.35742,495.99481,783.59777,918.82487,911.95784,047.18494,529.71797,282.71400,392.54 609,008.36457,871.48723,966.24331,335.67477,022.99365,171.51536,498.44
501,610.58314,871.62509,882.79256,035.88392,211.32291,960.22464,059.99301,114.74486,199.26304,944.97490,029.49309,081.07498,301.69250,245.33 380,630.22286,169.67452,478.90207,084.80298,139.37228,232.19335,311.52
306,905.29213,535.81311,041.39184,117.94252,205.66202,080.11288,130.00206,657.37299,199.63208,572.48301,114.74210,640.54305,250.85181,222.67246,415.11 199,184.84282,339.45159,642.40205,169.68170,216.10223,755.76
142,491.7499,141.63144,412.0885,483.33117,095.4893,822.91133,774.6495,948.07138,914.1196,837.22139,803.2797,797.39141,723.6184,139.10114,407.02 92,478.67131,086.1774,119.6895,257.3579,028.90103,886.60
109,609.0376,262.79111,086.2165,756.4190,073.4572,171.47102,903.5773,806.20106,857.0174,490.17107,540.9875,228.76109,018.1664,722.38 88,005.4071,137.44100,835.5257,015.1473,274.8960,791.4679,912.77
74,534.1451,858.7075,538.6244,714.3661,249.9549,076.6069,974.4350,188.2272,662.7750,653.3273,127.8751,155.5674,132.3544,011.22 59,843.6748,373.4668,568.1538,770.3049,826.9241,338.1954,340.69
43,843.6130,505.1244,434.4826,302.5636,029.3828,868.5941,161.4329,522.4842,742.8029,796.0743,016.3930,091.5143,607.2625,888.95 35,202.1628,454.9840,334.2122,806.0629,309.9524,316.5931,965.11
ProtectedUnprotectedProtectedUnprotectedProtectedUnprotectedProtectedUnprotectedProtectedUnprotectedProtectedUnprotectedProtectedUnprotected ProtectedUnprotectedProtectedUnprotectedProtectedUnprotectedProtected
Velloorsdrift - Zambian BorderVelloorsdrift - NgomaVelloorsdrift - NgomaVelloorsdrift - BuiteposVelloorsdrift - BuiteposVelloorsdrift - OshikangoVelloorsdrift - OshikangoOranjemund - Katima MuliloOranjemund - Katima MuliloOranjemund - Zambian BorderOranjemund - Zambian BorderOranjemund - NgomaOranjemund - Ngoma Oranjemund -Buitepos Oranjemund - BuiteposOranjemund - OshikangoOranjemund - OshikangoBuitepos - Os- hikangoBuitepos - Os- hikangoKatima Mulilo - OshikangoKatima Mulilo - Oshikango
NEX: Once- off (Set-up/Transfer) charges per linkNEX: Once- off (Set-up/Transfer) charges per link
Link SpeedNRC (In N$)
64k up to E13,500
>E1 up to E311,700
>E392,300

REASONS FOR THE DECISION:​

Telecom Namibia Limited (hereinafter referred to as 'Telecom Namibia'), submitted to the Authority the tariffs for Time Division Multiplexing pricing on 25 th July 2014, for approval in terms of section 53 (1) and (7) of the Communications Act, 2009 (Act No. 8 of 2009) (hereinafter referred to as 'the Act').

The proposed tariffs were published as General Notice No. 292 in Gazette No. 5534 dated 15 August 2014 for public comments, in terms of section 53 (10) of the Act and regulation 8 of the Regulations Regarding the Submission of Interconnection Agreements and Tariffs as published in Gazette No. 4714 of 18 May 2011.

Subsequent to the publication of 15 August 2014, Telecom Namibia informed the Authority that some essential pricing information was omitted from the initial notice and therefore, the tariffs were republished for public comments as General Notice No. 313 in Gazette No. 5557 dated 9 September 2014. The date of submission of tariffs to the Authority was 25 July 2014 and the request for implementation was 26 September 2014, being 60 days from date of submission as required by section 53 (8) of the Communications Act. The Authority forwarded a letter to Telecom Namibia on 8 September 2014 informing them that in terms of section 53(13) of the Communications Act, the Authority postponed the commencement of the tariffs to 29 December 2014, to enable the Authority to evaluate the reasonableness of the tariffs.

The public comments herein lapsed on 15 September 2014. However, due to the fact that Gazette was only printed and published on 15 September 2014, the period for submitting comments was extended to 24 September 2014.

Comments were received from Paratus Telecom (Pty) Ltd, Mobile Telecommunications Limited ('MTC') and Vox Telecom (Pty) Ltd. Same were forwarded to Telecom Namibia for their response in terms of regulation 9(2) of the Regulations Regarding the Submission of Interconnection Agreements and Tariffs.

Due to the nature of the comments received, the Authority deemed it necessary to conduct a public hearing on 2 October 2014 and to extend the time for reply comments from Telecom Namibia to 10 October 2014. This was to afford Telecom Namibia an opportunity to also respond to the comments made at the hearing.

FINANCIAL AND ECONOMIC ANALYSIS OF THE TELECOM NAMIBIA LIMITED​

The price benchmarking shows that the proposed retail prices for E1 and E3 are a significant reduction in prices that will improve Namibia's competitiveness. Prices for a 64kbps line remain more or less unchanged compared to 2011 prices. However, Telkom South Africa is still considerably cheaper at a retail level.

The analysis showed further that the retail tariffs are a significant reduction in tariffs and will improve competitiveness in the Namibian telecommunications sector and the retail tariffs as proposed by Telecom Namibia are approved, on condition that the prescribe wholesale discounts comes into effect.

On wholesale level Botswana and South Africa offer further reaching discounts compared to what is envisaged by Telecom Namibia. Discounts in Botswana reach up to 80% and for Telkom South Africa 62% for the E1 and E3 benchmarked baskets. Also, the wholesale prices for 64 Kbps digicon would be higher in the proposed regime due to lesser discounts for resellers.

The analysis in respect hereof showed that the wholesale prices are still too high and that discounts offered to resellers are not enough to enable reseller to compete with Telecom Namibia. This was confirmed by the written comments received from the operators.

Section 53(19)(d) and (e) of the Communications Act states that tariffs may be rejected if the tariffs are unreasonably discriminatory or has the effect of impairing competition. By the small percentage discount given to resellers of 15%, very little competitive advantage will be given to wholesale operators. Further, this has a negative impact on competition since the wholesaler cannot compete with Telecom Namibia, the retailer that continues to feed a monopolistic market.

Section 53(19) (f) states that the Authority may reject the tariffs if the tariff ' is not sufficiently disaggregated so that the user is required to pay for facilities or services which are not necessary '. Although Telecom Namibia has unbundled the tariffs more compared to the previous submission, it is confirmed in their written comments to the Authority that, with the new pricing structure, there are no separate charges for ports as this is included in the monthly rental, which includes the ports, local leads and distance charges.

In addition, the recently completed cost study (Development of Public Switched Telephone Network (PSTN)/Leased Line Cost model), which is under discussion with Telecom Namibia, also confirms that the prices are too high.

The cost model below indicates that the cost of providing E1 services including a reasonable return, throughout the inclusion of Weighted Average Cost of Capital (WACC), is N$ 909. This is independent of the length of the connection.

All requirements in terms of section 53 of the Communications Act that deals with the approval of tariffs have been adhered to as follows:

  1. The tariffs were published as stipulated in section 53(10) of the Communications Act for comment and Telecom Namibia stated that the tariff would come into force once the Authority approved the tariff as required by section 53(8) of the Communications Act that the Licensee has to indicate the date that the tariffs will come into force.
  2. All pertinent information as required by section 53(9) of the Communications Act was submitted to the Authority such as the terms and conditions, which includes rights and remedies available to customers in the event of disputes. .
  3. The tariffs contained the costing information as required by section 53(18) of the Communications Act.

In light of the above, Authority approved the retail tariff for Time Division Multiplexing pricing as submitted by Telecom Namibia in terms of section 53(1) and (7) of the Communications Act for implementation once the prescribed wholesale discounts comes into effect.

The Authority further resolved to decline the wholesale tariff for Time Division Multiplexing pricing as submitted by Telecom Namibia in terms of section 53(19) of the Communications Act.

L.N. JACOBS CHAIRPERSON OF THE BOARD OF DIRECTORS COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA​

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