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7393

GOVERNMENT GAZETTE

OF THE

REPUBLIC OF NAMIBIA

N$6.60

WINDHOEK - 19 November 2020

No. 7393

CONTENTS

Page

GENERALNOTICESGENERALNOTICES
No. 468Communication Regulatory Authority of Namibia: Notice in terms of Regulation 19(1) of the Regu- lations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences: Communications Act, 2009 ....................................................................................................................2
No. 469Communication Regulatory Authority of Namibia: Notice in terms of the Regulations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences ............................3
No. 470Communication Regulatory Authority of Namibia: Notice in terms of Regulation 4(7) of the Regula- tions Prescribing Procedures Regarding Application for, and Amendment, Renewal, Transfer and Cancellation of Spectrum Licenses: Communications Act, 2009 ..........................................................4
No. 471Communication Regulatory Authority of Namibia: Notice in terms of Regulations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licences .................................................................................................................................................5
No. 472Communication Regulatory Authority of Namibia: Notice in terms of the Regulations Regarding the Submissions of Interconnection Agreements and Tariffs ......................................................................6
No. 473Communication Regulatory Authority of Namibia: Notice in terms of Regulation 4(1) of the Regula- tions Prescribing Procedures Regarding Application for, and Amendment, Renewal, Transfer and Cancellation of Spectrum Licenses: Communications Act, 2009 ..........................................................8
No. 474Communications Regulatory Authority of Namibia: Notice of Appointment of Inspectors in terms of Section 123 of the Communication Act, 2009 .......................................................................................9
No. 475Communication Regulatory Authority of Namibia: Notice in terms of Regulation 4(7) of the Regula- tions Prescribing Procedures Regarding Application for, and Amendment, Renewal, Transfer and Cancellation of Spectrum Licenses: Communications Act, 2009 ..........................................................9

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No. 468

2020

NOTICE IN TERMS OF REGULATION 19(1) OF THE REGULATIONS REGARDING LICENSING PROCEDURES FOR TELECOMMUNICATIONS AND BROADCASTING SERVICE LICENCES: COMMUNICATIONS ACT, 2009

The Communications Regulatory Authority of Namibia, in terms Regulation 19(1) of the Regulations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences, published in Government Gazette No. 4785, General Notice No. 272, dated 29 August 2011 (as amended), hereby gives notice of the following decisions:

1. Applications for reconsideration

  • (a) The Authority resolved:
  • (i) To condone Excellent Communication (Pty) Ltd 's failure to commence with commercial telecommunications services in terms of regulation 17 (4) of the Regulations regarding Licence Conditions;
  • (ii) Set aside the Board decision of 21 July 2020, which noted that the Class Comprehensive Telecommunications Service Licence (ECS and ECNS) awarded to Excellent Communication Pty Ltd automatically lapsed on 27 November 2018; and
  • (iii) Extend the period within which Excellent Communication Pty Ltd should commence with services with twelve (12) months from date of this Notice.
  • (b) The Authority resolved:
  • (i) To condone Loc8 Mobile CC 's failure to commence with commercial telecommunications services before 21 December 2019 in terms of regulation 17 (4) of the Regulations regarding Licence Conditions;
  • (ii) Set aside the Board decision of 21 July 2020, which noted that the Class Comprehensive Telecommunications Service Licence (ECS and ECNS) awarded to Loc8 Mobile CC automatically lapsed on 21 December 2019; and
  • (iii) That Loc8 Mobile CC must provide commercial telecommunications services within twelve (12) months from date of this Notice subject to the following conditions:
  • (aa) Submission of quarterly reports on progress of commencement of the MVNO.
  • (ab) Submission of the agreement with Telecom Namibia Limited within 30 days from the date of signature.
  • (c) The Authority resolved:
  • (i) To condone Demshi Investment Holdings (Pty) Ltd 's failure to commence with commercial telecommunications services in terms of regulation 17 (4) of the Regulations regarding Licence Conditions;
  • (ii) Set aside the Board decision of 21 July 2020, which noted that the Class Comprehensive Telecommunications Service Licence (ECS and ECNS) awarded to Demshi Investments (Pty) Ltd automatically lapsed on 21 November 2018;

General Notices

COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA

No. 469

2020

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

The Communications Regulatory Authority of Namibia, in terms of regulations 11 of the Regulations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licence, published as General Notice No. 272, in Government Gazette No. 4785, on 29 August 2011 (as amended), hereby gives notice that the Applicant referred to in the Table below has submitted an application for a Class ECNS Telecommunications Service Licence, however, upon the evaluation of the Applicant's business case, the correct license category which should have been applied for is as set out hereunder.

ApplicantApplicant's place of incorporationPercentage of Stock owned by Namibian CitizensCategory of Class Telecommunications service intended to be provided;Concise statement on Services intended to be providedDescription of geographic coverage area
Orange Telecom (Pty) LtdNamibia100%Class Comprehensive Telecommunications Service Licence (ECS and ECNS)Provision of Communication, Internet and Voice services.Republic of Namibia

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, fi 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;
  1. (iii) Confirm the Board decision of 21 July 2020, which noted that the number licence awarded to Demshi Investments (Pty) Ltd automatically lapsed, because the new plans as submitted by Demshi Investments (Pty) Ltd do not require the use of numbering resources; and
  2. (iv) Extend the period within which Demshi Investments (Pty) Ltd should commence with services - with twelve (12) months from date of this Notice, subject to Demshi Investments (Pty) Ltd submitting quarterly progress reports.

The full reasons for the decisions can be requested from the Authority.

H. M. GAOMAB II CHAIRPERSON OF THE BOARD OF DIRECTORS COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA

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COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA

  • (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: 088642748.

J. TRAUT ACTING CHIEF EXECUTIVE OFFICER COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA

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COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA

No. 470

2020

NOTICE IN TERMS OF REGULATION 4(7) OF THE REGULATIONS PRESCRIBING PROCEDURES REGARDING APPLICATION FOR, AND AMENDMENT, RENEWAL, TRANSFER AND CANCELLATION OF SPECTRUM LICENSES: COMMUNICATIONS ACT, 2009

The Communications Regulatory Authority of Namibia, in terms of regulation 4(7) of the Regulations Prescribing Procedures Regarding Application for, and Amendment, Renewal, Transfer and Cancellation of Spectrum Licenses, published as General Notice No. 104, Government Gazette No. 6888, on 29 April 2019, herewith gives notice that the following applications for radio frequency spectrum were submitted:

ApplicantAppli- cant's place of incorpo- rationPercent- age of Stock owned by Namibian CitizensList of radio Fre- quencies or group of fre- quencies applied forList of radio Frequen- cies being consid- ered for assign- ment by the AuthorityMaximum Output PowerGeo- graphic coverage areasService to be provided using fre- quencies applied forParty providing Signal Distribu- tion
Shipi FMNamibia100%87.5 - 108 MHz99.2 MHz500WOhangwe- na Region EenhanaBROAD- CASTINGOwn
Shipi FMNamibia100%87.5 - 108 MHz104.1 MHz1000WOhan- gwena Region OkongoBROAD- CASTINGOwn
Shipi FMNamibia100%87.5 - 108 MHz88.3 MHz1000WOshikoto Region OmuthiyaBROAD- CASTINGOwn
Shipi FMNamibia100%87.5 - 108 MHz105.8 MHz100WOmaheke Region OtjineneBROAD- CASTINGOwn
Shipi FMNamibia100%87.5 - 108 MHz91.1 MHz100WOmusati Region AmwaandaBROAD- CASTINGOwn
104 MHz1000WOtjozon- djupa Region Klein Waterberg
88.8 MHz1000WKunene Region Opuwo
90.3 MHz100WHardap Region Rehoboth

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 .

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

Written submissions must be made either physically or electronically:

  • (1) By hand at the head offices of the Authority: Communication House, 56 Robert Mugabe Avenue, Windhoek;
  • (2) By post to the head offices of the Authority: Private Bag 13309, Windhoek, Namibia;
  • (3) By electronic mail to: legal@cran.na;
  • (4) By facsimile to: +264 61 222790; or
  • (5) By fax to e-mail to: 088642748.

J. TRAUT ACTING CHIEF EXECUTIVE OFFICER COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA

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COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA

No. 471

2020

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 Regulations 7 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 of the following licensee who has submitted applications for transfer of licences and transfer of control of licences;

Licensee (Transferee);Type of Service License;Transferee and percentage of stock;Percentage of Stock owned by Namibian citizens or Namibian companies in transferor;Reasons for the pro- posed transfer;
Witel Service Provider CCClass Comprehensive (ECS &ECNS)Witel Service Provider (Pty) LtdThomas Alfred Castle, a Namibian Citizen, will hold a combined 51% of Witel Service Provider (Pty) LtdThe change is to facilitate investment into Witel Service Provider in order to realise their vision of internet service expansion across Namibia.

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.

J. TRAUT ACTING CHIEF EXECUTIVE OFFICER: COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA

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COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA

No. 472

2020

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 Mobile Telecommunications Limited has filed tariffs 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 .

Mobile Telecommunications 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

J. TRAUT ACTING CHIEF EXECUTIVE OFFICER COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA

SCHEDULE 1

SUBMISSION OF PROPOSED TARIFFS BY MOBILE TELECOMMUNICATIONS LIMITED COMMUNICATIONS ACT, 2009

MTC STREAMING BUNDLES

OfferPrice NADValidityPermanent Data Volume (GB)
1 Day Bundle9.001 Day1.5
3 Day Bundle25.003 Days4.5
7 Day Bundle55.007 Days10.5
30 Day Bundle229.0030 Days45

Please note that the full tariff submission including the terms and conditions and the remedies available to the consumers can be obtained from the Authority

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No. 473

2020

NOTICE IN TERMS OF REGULATION 4(1) OF THE REGULATIONS PRESCRIBING PROCEDURES REGARDING APPLICATION FOR, AND AMENDMENT, RENEWAL, TRANSFER AND CANCELLATION OF SPECTRUM LICENSES: COMMUNICATIONS ACT, 2009

The Communications Regulatory Authority of Namibia, in terms of regulations 2(1)(c) and 4(1) of the Regulations Prescribing Procedures Regarding Application for, and Amendment, Renewal, Transfer and Cancellation of Spectrum Licenses, published as General Notice No. 104, Government Gazette No. 6888, on 29 April 2019, herewith gives notice that the following radio frequencies under the Frequency Band Plan are available for application for the provision of Broadcasting Services to be conferred on a first-come-first-served basis.

Frequencies (MHz)Power outputServices to be Provided/ License CategoryGeographical area and transmitter site
100.4500WCommunity BroadcastingWindhoek, Windhoek Höhe
89.0500WCommunity BroadcastingWindhoek, Windhoek Höhe
95.3500WCommercial BroadcastingWindhoek, Windhoek Höhe
106.6500WCommercial BroadcastingWindhoek, Windhoek Höhe

The Authority will receive applications from the date of this notice until 15 February 2021 at 17H00 . All applications received during that period will be deemed to have been received on 15 February 2021 at 17H00 and will therefore be considered.

All Applicants must note the following:

  • a) A Broadcasting Service Licensee that intends to use the radio frequencies listed above must apply to the Authority for a Spectrum License;
  • b) Applicants that do not already hold a broadcasting service license must also submit a broadcasting service license application;
  • c) Existing Broadcasting Service Licensees must be in good standing with the Authority in that they should not have any outstanding spectrum fees;
  • d) Notwithstanding the specific frequency applied for, the Authority will award spectrum licences on competitive basis to the best two applications received for each category;
  • e) Spectrum applications must be accompanied by a detailed program schedule, coverage maps, letter of intent in the case of infrastructure sharing or approval from land owner should a new transmitter tower be constructed and a 5 year business case.
  • f) All applications received will be considered and awards will be made to the applicant/s that will utilise spectrum resources in such a manner as to ensure the widest possible diversity of programming and the optimal utilisation of spectrum resources.

All applications must be made be send or delivered -

  • a) by hand to the head office of CRAN, Communications House, 56 Robert Mugabe Avenue, Windhoek;

COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA

  • b) by post to CRAN, Private Bag 13309, Windhoek, Namibia;
  • c) by electronic mail to CRAN email address: legal@cran.na;

J. TRAUT

ACTING CHIEF EXECUTIVE OFFICER

COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA

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COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA

No. 474

2020

NOTICE OF APPOINTMENT OF INSPECTORS IN TERMS OF SECTION 123 OF THE COMMUNICATION, 2009

The Communications Regulatory Authority of Namibia herewith gives notice that it has appointed the persons in the table below as inspectors in terms of Section 123(1) of the Communications Act.

Name of employeeDesignation
Emilia EinoManager : Postal Services
Lukas NangoloManager: Spectrum
Laimi NeemaType Approval Officer

Kindly take note that the appointment is effective as from the date of this publication.

H. M.GAOMAB II CHAIRPERSON OF THE BOARD OF DIRECTORS COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA

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COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA

No. 475

2020

NOTICE IN TERMS OF REGULATION 4(7) OF THE REGULATIONS PRESCRIBING PROCEDURES REGARDING APPLICATION FOR, AND AMENDMENT, RENEWAL, TRANSFER AND CANCELLATION OF SPECTRUM LICENSES: COMMUNICATIONS ACT, 2009

The Communications Regulatory Authority of Namibia, in terms of regulation 4(7) of the Regulations Prescribing Procedures Regarding Application for, and Amendment, Renewal, Transfer and Cancellation of Spectrum Licenses, published as General Notice No. 104, Government Gazette No. 6888, on 29 April 2019, herewith gives notice that the following Applicant submitted applications for Spectrum Licenses:

Service to be provided using frequency applied forFixed Satellite Services (VSAT)Fixed Satellite Services (VSAT)Fixed Satellite Services (VSAT)
Description of geographic coverage areasNationalNationalNational
List of radio frequencies or groups of radio frequencies being considered for assignment by theAuthority Downlink (Center) 19772.5 MHz Bandwidth (1 MHz) Uplink (Center) 28072.5 MHzDownlink (Center) 11176 MHz Bandwidth (1 MHz) Uplink (Center) 14226 MHz Bandwidth (1 MHz)Downlink (Center) 12617.9 MHz Bandwidth (1 MHz) Uplink (Center) 14378.2 MHz Bandwidth (1 MHz)
List of radio frequencies or groups of radio frequencies applied forDownlink 19.7-20.2 GHz Uplink 27.5-31 GHzDownlink 10.7-11.7 GHz Uplink 13.75-14.8 GHz Downlink10.7-11.7 GHz Uplink 13.75-14.8 GHz
Type of service licenseClass Comprehensive (ECS &ECNS) Telecommunications Service LicenseClass Comprehensive (ECS &ECNS) Telecommunications Service LicenseClass Comprehensive (ECS &ECNS) Telecommunications Service License
Percentage of Stock owned by Namibian Citizens or Namibian Companies controlled by Namibian Citizens100%100%100%
Applicant's place of incorporationNamibianNamibianNamibian
ApplicantWitel Service ProviderWitel Service ProviderWitel Service Provider

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.

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

Written submissions must be made either physically or electronically:

  • (1) By hand at the head offices of the Authority: Communication House, 56 Robert Mugabe Avenue, Windhoek;
  • (2) By post to the head offices of the Authority: Private Bag 13309, Windhoek, Namibia;
  • (3) By electronic mail to: legal@cran.na;
  • (4) By facsimile to: +264 61 222790; or
  • (5) By fax to e-mail to: 088642748.

J. TRAUT ACTING CHIEF EXECUTIVE OFFICER COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA

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