7518
GOVERNMENT GAZETTE
OF THE
REPUBLIC OF NAMIBIA
| N$6.00 | WINDHOEK - 27 April 2021 | No. 7518 |
|---|---|---|
| CONTENTS | CONTENTS | CONTENTS |
| GENERALNOTICES | GENERALNOTICES | GENERALNOTICES |
| No. 154 | Communications Regulatory Authority of Namibia: Notice of intention to amend the Regulations Prescribing the National Numbering Plan for use in the Provision of Telecommunications Services in the Republic of Namibia, Numbering Licence Fees and Procedures for Number Licences: Com- munications Act, 2009 ........................................................................................................................... | 1 |
| No. 155 | Communications Regulatory Authority of Namibia: Notice in terms of the Regulations Regarding the Submissions of Interconnection Agreements and Tariffs ...................................................................... | 8 |
| General Notices | General Notices | General Notices |
| COMMUNICATIONS REGULATORYAUTHORITYOFNAMIBIA | COMMUNICATIONS REGULATORYAUTHORITYOFNAMIBIA | COMMUNICATIONS REGULATORYAUTHORITYOFNAMIBIA |
| No. 154 | No. 154 | 2021 |
| NOTICE OF INTENTIONTOAMENDTHE REGULATIONS PRESCRIBING THE NATIONAL NUMBERING PLAN FOR USE IN THE PROVISION OF TELECOMMUNICATIONS SERVICES IN THE REPUBLIC OF NAMIBIA, NUMBERING LICENCE FEESAND PROCEDURES FOR NUMBER LICENCES: COMMUNICATIONSACT, 2009 | NOTICE OF INTENTIONTOAMENDTHE REGULATIONS PRESCRIBING THE NATIONAL NUMBERING PLAN FOR USE IN THE PROVISION OF TELECOMMUNICATIONS SERVICES IN THE REPUBLIC OF NAMIBIA, NUMBERING LICENCE FEESAND PROCEDURES FOR NUMBER LICENCES: COMMUNICATIONSACT, 2009 | NOTICE OF INTENTIONTOAMENDTHE REGULATIONS PRESCRIBING THE NATIONAL NUMBERING PLAN FOR USE IN THE PROVISION OF TELECOMMUNICATIONS SERVICES IN THE REPUBLIC OF NAMIBIA, NUMBERING LICENCE FEESAND PROCEDURES FOR NUMBER LICENCES: COMMUNICATIONSACT, 2009 |
| The Communications Regulatory Authority of Namibia, in terms of Sections 81(5) and 129 of the Communications Act, 2009 (Act No. 8 of 2009), and the Regulations regarding Rule-Making Procedures published in Government Gazette No. 4630, General Notice No. 334 dated 17 December 2010 publishes this notice of intention to amendthe 'Regulations Prescribing the National Numbering Plan for Use in the Provision of Telecommunications Services in the Republic of Namibia, Numbering Licence Fees and Procedures for Number Licences', which contains the following: | The Communications Regulatory Authority of Namibia, in terms of Sections 81(5) and 129 of the Communications Act, 2009 (Act No. 8 of 2009), and the Regulations regarding Rule-Making Procedures published in Government Gazette No. 4630, General Notice No. 334 dated 17 December 2010 publishes this notice of intention to amendthe 'Regulations Prescribing the National Numbering Plan for Use in the Provision of Telecommunications Services in the Republic of Namibia, Numbering Licence Fees and Procedures for Number Licences', which contains the following: | The Communications Regulatory Authority of Namibia, in terms of Sections 81(5) and 129 of the Communications Act, 2009 (Act No. 8 of 2009), and the Regulations regarding Rule-Making Procedures published in Government Gazette No. 4630, General Notice No. 334 dated 17 December 2010 publishes this notice of intention to amendthe 'Regulations Prescribing the National Numbering Plan for Use in the Provision of Telecommunications Services in the Republic of Namibia, Numbering Licence Fees and Procedures for Number Licences', which contains the following: |
| a) | A concise statement of the reasons and purpose for the proposed amendment as set out in Schedule 1; and | A concise statement of the reasons and purpose for the proposed amendment as set out in Schedule 1; and |
- b) The proposed amendment to the Regulations Prescribing the National Numbering Plan for Use in the Provision of Telecommunications Services in the Republic of Namibia, Numbering Licence Fees and Procedures for Number Licences as set out in Schedule 2.
The Authority invites the public to submit comments in writing to the Authority within 30 days from the date of publication of this notice in the Gazette, and a written comment must -
- (a) contain the name and contact details of the person making the written submissions and the name and contact details of the person or entity on whose behalf the written submissions are made, if different;
- (b) be clear and concise; and
- (c) be send or delivered -
- (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; and
- (5) by fax to e-mail to: 0886550852.
H. M. GAOMAB II CHAIRPERSON COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA
SCHEDULE 1
CONCISE STATEMENT OF PURPOSE
The purpose of the proposed amendment is to -
- (a) review and set the reference value for chargeable quantity of numbers in order to reflect the value of numbers allocated in terms of these Regulations.
SCHEDULE 2
AMENDMENT OF THE REGULATIONS PRESCRIBING THE NATIONAL NUMBERING PLAN FOR USE IN THE PROVISION OF TELECOMMUNICATIONS SERVICES IN THE REPUBLIC OF NAMIBIA, NUMBERING LICENCE FEES AND PROCEDURES FOR NUMBER LICENCES: COMMUNICATIONS ACT, 2009
The Communications Regulatory Authority of Namibia, in terms of Sections 129 of the Communications Act, 2009 (Act No. 8 of 2009), amends the Regulations Prescribing the National Numbering Plan for Use in the Provision of Telecommunications Services in the Republic of Namibia, Numbering Licence Fees and Procedures for Number Licences published under Government Notice No. 97 of 2016, as set out in the Schedule.
Amendment of regulation 39
- Regulation 39 of the Regulations is amended by the substitution for subregulation (1)(b) of the following subregulation
- (a) The Authority shall calculate the chargeable fee per number based on the 'chargeable quantity of numbers by applying the reference value to a weight, 1 to reflect the value of shorter numbers.
- Regulation 39 of the Regulations is amended by the substitution for subregulation (1)(e) of the following subregulation
- (e) The reference value is determined by the Authority as set out in Annexure D and may be reviewed on annual basis.
- Regulation 39 of the Regulations is amended by the repeal of subregulation (1)(f).
| Number | Weight |
|---|---|
| 3 Digit Numbers | =1 000,000 |
| 4 Digit Numbers | =100,000 |
| 5 Digit Numbers | =10, 000 |
| 6 Digit Numbers | =1, 000 |
| 7 Digit Numbers | =100 |
| 8 Digit Numbers | =10 |
| 9 Digit Numbers | = 1 |
ANNEXURE D
Regulation 39(e)
CHARGEABLE FEE
In terms of regulation 39(e) the Authority hereby determine the reference value.
The reference value is set at Zero Namibian Dollars and Sixty-Two Cents ( N$ 0.62 ).
| Number | Weight | N$ (fees payable) |
|---|---|---|
| 3 Digit Numbers | =1 000,000 | =620,000 |
| 4 Digit Numbers | =100,000 | =62,000 |
| 5 Digit Numbers | =10, 000 | =6,200 |
| 6 Digit Numbers | =1, 000 | =620 |
| 7 Digit Numbers | =100 | =62 |
| 8 Digit Numbers | =10 | =6.2 |
| 9 Digit Numbers | = 1 | = 0.62 |
Annual Number Fee = number x weight x reference value
1 Weighting refers to the total numbers not available for use if a certain number with lesser digits is allocated for use to a licensee.
ANNEXURE E
DISCUSSION PAPER ON NUMBERING FEES FOR CRAN
1. Introduction
In 2016 CRAN set out Regulations prescribing the National Numbering Plan for use in the Provision of Telecommunications Services in the Republic of Namibia, Numbering Licence Fees and Procedures for Number Licences . The fees prescribed in these regulations were charged for the first time in 2018 and then in subsequent years. Telecom Namibia and MTC challenged the fees based on section 81(5) which states that ' the Authority must allocate numbers in return for a fee that is no greater than necessary to compensate for the management costs of the numbering plan and control of its use.'
The objectives of the Act guide all of CRAN's actions: The fees CRAN collects are subject to the objectives of the Act, which fit in with the general trend towards liberalisation, privatisation and increased competition in order to meet the objectives of affordability and increased penetration.
2. Economics of Numbering
The rise of new services and the advent of competition have given to telecommunication numbers a significant economic dimension. Any economic considerations around numbers arise for two main reasons:
- First, a fairly administered numbering plan can facilitate competition in service provision and thus bring benefits to users by reducing tariffs and by increasing the quality standards in services provided. In order for competition to flourish, however, operators and service providers should be treated on an equal basis regarding access to number resources.
- Second, numbers become important tools in the hands of value-added service providers. Given that most of these services are highly profitable for operators, the allocation of specific number ranges to provide exclusive access to services such as mobile telephony, personal communication and premium rate services increases the value of numbers. Moreover, it is recognised that a limited range of numbers contain 'higher' value than others because their memorable structure brings benefits to the called party. (OCDE/GD(95)117)
As competition increases and new numbering requirements emerge it becomes universally recognised that ' telephone numbers are a national resource and should be for the customer -- not for the operators to brand ' (OFTEL, 1993a). New operators and service providers need to have access to numbers and have the right to utilise them in a way that best suits their needs and can facilitate service provision.
Not all number ranges have the same value to users. Different users may attribute more value to a number than others based on how easy it is to remember and what it might be utilised for. Numbers are therefore a scarce resource that should be managed and paid for taking the economic value of the number into consideration.
3. Current Numbering Fees
Regulation 39(f) of the Regulations Prescribing the National Numbering Plan for Use in the provision of Telecommunications Services in the Republic of Namibia, Numbering Licence Fees and Procedures for Number Licences set the reference value for numbers at N$ 1.00. The Regulation further makes provision that it should be reviewed every three (3) years.
In line with the above requirement CRAN has therefore decided that a recalculation of numbering fees have to be done as well as some amendments to the current regulations.
The current numbering fees are as follows:
| 3 Digit Numbers | = 1,000,000 |
|---|---|
| 4 Digit Numbers | = 100,000 |
| 5 Digit Numbers | =10,000 |
| 6 Digit Numbers | =1,000 |
| 7 Digit Numbers | =100 |
| 8 Digit Numbers | =10 |
| 9 Digit Numbers | = 1 |
4. CRAN Financials for Numbering
The total cost of managing the numbering plan includes cost for the numbering audit, legal fees, calculation of fees, management of number portability, etc.
The costs from 2018/2019 to 2022/2023 are as follows:
| Table 1: Financials and Calculations for Numbering | Table 1: Financials and Calculations for Numbering | Table 1: Financials and Calculations for Numbering | Table 1: Financials and Calculations for Numbering | Table 1: Financials and Calculations for Numbering | Table 1: Financials and Calculations for Numbering |
|---|---|---|---|---|---|
| 2018/2019 | 2019/2020 | 2020/2021 | 2021/2022 | 2022/2023 | |
| Financials | 6,696,309 | 7,654,700 | 2,000,000 | 2,090,000 | 2,184,050 |
| Numbers | 41,208,451 | 48,988,851 | 3,217,751 | 3,217,751 | 3,217,751 |
| Cost/number | 0.16 | 0.155 | 0.62 | 0.65 | 0.68 |
| Source: | AFS for CRAN 2018/19 - 2019/20 | AFS for CRAN 2018/19 - 2019/20 | Budget 2020/2021 | Projected Budget | Projected Budget |
There are a number of reasons on why the cost per number increased:
- a. Due to more efficient number use 3-digit numbers were withdrawn by licensees and licensees started utilising 5-digit numbers; and
- b. Unutilised numbers were withdrawn;
The CRAN budget to manage the number licenses have also decreased due to fewer number licences, but the total cost per number still increased.
5. Numbering Fees in other Jurisdictions
Most countries that charge fees for numbering resources have a number of fees that are charged for such as registration-, usage- and annual fees. A number of SADC countries do not charge numbering fees at all even though they have numbering plans due to their legislation not providing for the charging for numbers.
| Table 2: Zambia ZICTA's Fee structure for Numbering | Fee Units | Fee Units |
|---|---|---|
| Ite m | ZMW | N$ |
| Registration fees | ||
| All other categories | 40,000 | 26,942 |
| Carrier pre-selection | 200,000 | 134,712 |
| Annual Fees (C) | 1 | 0.674 |
| Annual Fee (F A ) | ||
| Annual Return | 233 | 157 |
| Other Codes | ||
| Mobile Network Code | 20,000 | 13,471 |
| National Destination Code | 20,000 | 13,471 |
| International Signaling Point Codes | 20,000 | 13,471 |
| Table 2: Zambia ZICTA's Fee structure for Numbering | Fee Units | Fee Units |
|---|---|---|
| Ite m | ZMW | N$ |
| National Signaling Point Codes | 20,000 | 13,471 |
| Network Colour Codes | 20,000 | 13,471 |
| SIM Headers | 10,000 | 6,736 |
| Service Numbers (Freephones, Premiums) | 10,000 | 6,736 |
| Carrier Selection Codes | 100,000 | 67,356 |
| Short Codes | ||
| 3 digits | 100,000 | 67,356 |
| 4 digits | 60,000 | 40,414 |
| Source: | https://www.zicta.zm/storage/posts/attachmen ts/0r9W6SdgD02vUW4N7D8k5NlA9dDCeV DexQDHFzx8.pdf | https://www.zicta.zm/storage/posts/attachmen ts/0r9W6SdgD02vUW4N7D8k5NlA9dDCeV DexQDHFzx8.pdf |
- Registration fees are once-off fees to be paid at lodging the application
- The subscriber number (C) fee set out in the table shall be the application fee for the purpose of determination of the annual numbering fee formulae, where C=1 unit
- For resource user's individually assigned number blocks, the payable annual fees shall be calculated as per equation below; F A =B x C, where a. F A is the annual numbering fee to be paid by resource user, B is the total number block assigned, allocated to the resource user C, C is the fee for each subscriber number in the assigned number block allocated to the resource user
Uganda charges no fees for the other numbering resources except for short codes. Their numbering plan is currently under review.
Tanzania also uses a number of fees.
| Table 3: Tanzania TCRA's Fee structure for Numbering | Table 3: Tanzania TCRA's Fee structure for Numbering | Table 3: Tanzania TCRA's Fee structure for Numbering | Table 3: Tanzania TCRA's Fee structure for Numbering | Table 3: Tanzania TCRA's Fee structure for Numbering | Table 3: Tanzania TCRA's Fee structure for Numbering | Table 3: Tanzania TCRA's Fee structure for Numbering |
|---|---|---|---|---|---|---|
| Type of Numbering Resource | Application | Application | Registration | Registration | Annual Maintenance Fee | Annual Maintenance Fee |
| USD | N$ | USD | N$ | USD | N$ | |
| Prefix for Networks (NDC& MNDC) | 10 | 145 | 2,000 | 29,055 | 2,000 | 29,055 |
| Subscriber Numbers | N/A | N/A | 0.20/ subscriber number | 2.89 | ||
| National Signaling Point | 10 | 145 | 2,000 | 29,055 | 2,000 | 29,055 |
| International Signaling Point | 10 | 145 | 2,000 | 29,055 | 2,000 | 29,055 |
| Mobile Network Identification Code | 10 | 145 | 2,000 | 29,055 | 2,000 | 29,055 |
| SIM Header | 10 | 145 | 2,000 | 29,055 | 2,000 | 29,055 |
| Data Network Identification Codes | 10 | 145 | 2,000 | 29,055 | 2,000 | 29,055 |
| Corporate Services Network Access Numbers | 10 | 145 | 2,000 | 29,055 | 2,000 | 29,055 |
| Carrier Selection/Pre-selection Codes | 10 | 145 | 10,000 | 145,277 | 5,000 | 72,639 |
| Premium Rate Access Codes | 10 | 145 | 10,000 | 145,277 | 5,000 | 72,639 |
| Special and Fixed Access Codes (block) | 10 | 145 | 1,000 | 14,528 | 2,000 | 29,055 |
| Table 3: Tanzania TCRA's Fee structure for Numbering | Table 3: Tanzania TCRA's Fee structure for Numbering | Table 3: Tanzania TCRA's Fee structure for Numbering | Table 3: Tanzania TCRA's Fee structure for Numbering | Table 3: Tanzania TCRA's Fee structure for Numbering | Table 3: Tanzania TCRA's Fee structure for Numbering | Table 3: Tanzania TCRA's Fee structure for Numbering |
|---|---|---|---|---|---|---|
| Type of Numbering Resource | Application | Application | Registration | Registration | Annual Maintenance Fee | Annual Maintenance Fee |
| USD | N$ | USD | N$ | USD | N$ | |
| Special and Fixed Access Codes Premium Rate Access codes (Single number) | 10 | 145 | 2,000 | 29,055 | 2,500 | 36,319 |
| VAS SMS &Special Services Short Codes: | ||||||
| Gold | 10 | 145 | 4,000 | 58,111 | 2,500 | 36,319 |
| Source: | https://www.tcra.go.tz/document/Application%20Guidelines%20 and%20Fees%20for%20Numbering%20Resources%20-%20April%20 2018 | https://www.tcra.go.tz/document/Application%20Guidelines%20 and%20Fees%20for%20Numbering%20Resources%20-%20April%20 2018 | https://www.tcra.go.tz/document/Application%20Guidelines%20 and%20Fees%20for%20Numbering%20Resources%20-%20April%20 2018 | https://www.tcra.go.tz/document/Application%20Guidelines%20 and%20Fees%20for%20Numbering%20Resources%20-%20April%20 2018 | https://www.tcra.go.tz/document/Application%20Guidelines%20 and%20Fees%20for%20Numbering%20Resources%20-%20April%20 2018 | https://www.tcra.go.tz/document/Application%20Guidelines%20 and%20Fees%20for%20Numbering%20Resources%20-%20April%20 2018 |
Zimbabwe has the following fee structure for numbering.
| Table 4: Zimbabwe - POTRAZ's license fee structure | Table 4: Zimbabwe - POTRAZ's license fee structure | Table 4: Zimbabwe - POTRAZ's license fee structure |
|---|---|---|
| USD | N$ | |
| Subscriber numbers | 0.10/unit | 1.45 |
| Network Destination Codes | 50 | 723 |
| Premium Rate service Short Code | 1,200 | 17,356 |
| No Premium Rate service Short Code | 50 | 723 |
| International Signaling Point Codes | 50 | 723 |
| National Signaling Point Codes | 50 | 723 |
| Mobile Network Identifiers-MNC+NCC | 50 | 723 |
| System Access (USSD) Short Codes | 50 (excl 15% VAT) | 723 (excl 15% VAT) |
| Premium Rates Short Code | 1,200 (excl 15% VAT) | 17,356 (excl 15% VAT) |
| Source | http://www.potraz.gov.zw/?p=80 | http://www.potraz.gov.zw/?p=80 |
ICASA is not charging any numbering fees.
Namibia's proposed numbering fees are on par with those countries in the SADC region that charge for numbering and is lower than most countries used in the comparison.
Figure 1: Numbering Fees in SADC (N$/number)
6. Conclusion and Recommendations
The following is therefore recommended:
- a. A reference value of NAD 0.62 per number based on the costing and approved budget of CRAN resulting in the table below:
| Number | Weight | Fee in NAD |
|---|---|---|
| 3 Digit Numbers | 1,000,000 | = 620,000 |
| 4 Digit Numbers | 100,000 | = 62,000 |
| 5 Digit Numbers | 10,000 | = 6,200 |
| 6 Digit Numbers | 1,000 | = 620 |
| 7 Digit Numbers | 100 | = 62 |
| 8 Digit Numbers | 10 | = 6.2 |
| 9 Digit Numbers | 1 | = 0.62 |
Annual Number Fee = number x weight x reference value
- b. That a new fee for numbering be determined, annually, based on the cost in the approved budget and the number audit to ensure no over- or under recovery as set out in section 81(5) of the Communications Act.
7. References
OECD (1995-01-01), 'The Economic and Regulatory Aspects of Telecommunication Numbering', OECD Digital Economy Papers, No. 12, OECD Publishing, Paris. http://dx.doi. org/10.1787/237502514428
http://www.potraz.gov.zw/?p=80
https://www.tcra.go.tz/document/Application%20Guidelines%20and%20Fees%20for%20 Numbering%20Resources%20-%20April%202018
https://www.zicta.zm/storage/posts/attachments/0r9W6SdgD02vUW4N7D8k5NlA9dDCeVDexQD HFzx8.pdf
________________
COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA
No. 155
2021
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 MTN Business Solutions ( Pty) Ltd 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 .
MTN Business Solutions ( 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;
-
(4) by facsimile to the following facsimile number: +264 61 222790; and
-
(5) by fax to e-mail to: 0886550852.
E. NGHIKEMBUA ACTING CHIEF EXECUTIVE OFFICER COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA
SCHEDULE 1
SUBMISSION OF PROPOSED BOZZA UNLIMITED RATES BY MTN BUSINESS SOLUTIONS (PTY) LTD, COMMUNICATIONS ACT, 2009
Table 1: Bozza Unlimited
| Normal Packages | Normal Packages | Normal Packages | Normal Packages | Normal Packages |
|---|---|---|---|---|
| 24 Months | 24 Months | 36 Months | 36 Months | |
| Package | Total ex vat (N$) | Vat Incl (N$) | Total ex vat (N$) | Vat Incl (N$) |
| 5 mbps | 433.91 | 499.00 | 416.52 | 479.00 |
| 10 mbps | 660.00 | 759.00 | 633.91 | 729.00 |
| Once off Fee (N$) | 240.00 | 240.00 | 240.00 | 240.00 |
| Promotional Packages | Promotional Packages | Promotional Packages | Promotional Packages | Promotional Packages |
| 24 Months | 24 Months | 36 Months | 36 Months | |
| Package | Total ex vat (N$) | Vatlncl(N$) | Total ex vat (N$) | Vatlncl(N$) |
| 5 mbps | 432.91 | 498.00 | 415.52 | 478.00 |
| 10 mbps | 659.00 | 758.00 | 632.91 | 728.00 |
| Once off Fee (N$) | 240.00 | 240.00 | 240.00 | 240.00 |
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