Gen-N494-495-21-Aug-2023

N$43.20

No. 494

No. 8180

Page

GENERALNOTICES	GENERALNOTICES
No. 494	Communication Regulatory Authority of Namibia: Notice of intention to amend the Regulations Setting Out Fees for Spectrum Licences, Certificates and Examinations: Communications Act, 2009 ...
No. 495	Communication Regulatory Authority of Namibia: Regulations in respect of Telecommunications Equipment Requiring Type Approval: Communications Act, 2009 ......................................................

________________

General Notices

COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA

1

13

2023

NOTICE OF INTENTION TO AMEND THE REGULATIONS SETTING OUT FEES FOR SPECTRUM LICENCES, CERTIFICATES AND EXAMINATIONS: COMMUNICATIONS ACT, 2009

The Communications Regulatory Authority of Namibia, in terms of Sections 38(5), 101 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 amend the Regulations Setting Out Fees for Spectrum Licences, Certificates and Examinations, which contains the following:

• a) 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 Setting Out Fees for Spectrum Licences, Certificates and Examinations as set out in Schedule 2.

GOVERNMENT GAZETTE

OF THE

REPUBLIC OF NAMIBIA

WINDHOEK - 21 August 2023

CONTENTS

The Authority hereby invites the public to make written representations, comments, communications and submissions (hereafter collectively called 'submissions') to the Authority within thirty (30) consecutive days from the date of publication of this notice in the Gazette, in the manner set out below for making written submissions.

All written submissions must -

• (a) contain the name and contact details (physical and postal address, email address and telephone or cell phone number) of the person making the written submissions and the name and similar 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 -
• (i) by hand to the head office of CRAN, Communications House, 56 Robert Mugabe Avenue, Windhoek;
• (ii) by post to the head office of the Authority, namely Private Bag 13309, Windhoek, Namibia; or
• (ii) by electronic mail to CRAN email address: legal@cran.na.

T. MUFETI CHAIRPERSON OF THE BOARD OF DIRECTORS COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA

SCHEDULE 1

CONCISE STATEMENT OF PURPOSE

The purpose of the proposed amendment is to -

• (a) review the fees payable in respect of -
• (i) licenses issued in terms of section 101(2) of the Communications Act, 2009 (Act No. 8 of 2009) conferring on the licensee the right to use, or to cause any person in his or her employ or under his or her control to use a transmitter for any prescribed purpose or to use any radio frequency or group of radio frequencies or radio receiver for any purpose and in the manner prescribed or determined in the licence concerned;
• (ii) certificates of proficiency that were issued in terms of section 101(3) of that Act; and
• (iii) examinations the Authority conducted or caused to be conducted, to determine whether a certificate of proficiency referred to in paragraph (b) could be issued to a person.

SCHEDULE 2

AMENDMENT OF THE REGULATIONS SETTING OUT FEES FOR SPECTRUM LICENCES, CERTIFICATES AND EXAMINATIONS: COMMUNICATIONS ACT, 2009

In terms of Sections 38(5), 101 and 129 of the Communications Act, 2009 (Act No. 8 of 2009) the Communications Regulatory Authority -

• (a) Amends the Regulations Setting Out Fees for Spectrum Licences, Certificates and Examinations published in Government Gazette No. 7359, General Notice No. 417 dated 14 October 2020.

T. MUFETI CHAIRPERSON OF THE BOARD OF DIRECTORS COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA

SCHEDULE

Amendment of Regulation 1 of the Regulations

1. Regulation 1 of the Regulations is amended -
2. (a) by the substitution for the definition of the phrase 'Frequency Band Plan' of the following definition:

'Frequency Band Plan' means the Frequency Band Plan of Namibia published under Government Gazette No. 7617; General Notice No. 448 dated 31 August 2021.

Amendment of Regulation 4 of the Regulations

2. Regulation 4(1) of the Regulations is amended -
3. (a) by the substitution for subsection 4(1) of the following subsection:
4. '(1) The fees set out for items 1, 2, 3, 4, 5, 6 and 9 of Table 1 below are payable annually in advance and in full, and are not refundable in full or in part, regardless of a spectrum licence or the authorisation to utilise spectrum in terms of such licence pertaining to such fees -
5. (a) is issued during the course of a specific calendar year; or
6. (b) expires, is forfeited, lapses or is discontinued for whatever reason:

Provided that licensees are bound to pay a minimum fee of N$ [60] 65.00 irrespective of the actual amount payable in terms of this subregulation.

• (b) The Regulations is amended by the substitution for Table 1 of the following Table.

TABLE 1 SPECTRUM LICENCES, CERTIFICATES AND EXAMINATIONS FEES

TYPE OFSPECTRUM LICENCE, CERTIFICATE OR EXAMINATION	TYPE OFSPECTRUM LICENCE, CERTIFICATE OR EXAMINATION	FEES (N$)
1.	AMATEUR RADIO
1.1	All classes of amateur radio spectrum licences	112.00
1.2	Beacon	112.00
1.3	Examination	112.00
1.4	Guest or special event spectrum licence	112.00
1.5	Repeater station	112.00
2.	AERONAUTICAL
2.1	Aircraft station	222.00
2.2	Glider / microlight	112.00
2.3	Ground station	133.00
2.4	Navigation aids / beacons	112.00
2.5	Operator certificate radiotelephony (including duplicate)	112.00
3.	MARITIME
3.1	Beacon	112.00
3.2	Operator certificate radiotelephony (including duplicate)	112.00
3.3	Ship Station
	3.3.1 ITU assigned frequencies	334.00
	3.3.2 Any additional VHF or HF frequencies	1,112.00
3.4	Coast Station
	3.4.1 ITU assigned frequencies	334.00
	3.4.2 Any additional VHF or HF frequencies	1,112.00
	3.4.3 Yacht and ski-boat stations	112.00
4.	LAND MOBILE SERVICE
4.1	Private alarm station (see item 6.1 for alarm systems)	371.00
4.2	Base Mobile Station
	4.2.1 27/29 MHz band (including CB band)	112.00
	4.2.2 VHF/UHF per simplex frequency in urban areas	222.00
	4.2.3 VHF/UHF per simplex frequency in non-urban areas	133.00
4.3	Repeater (private and exclusive)
	4.3.1 Duplex frequency urban areas	2,448.00
	4.3.2 Duplex frequency non-urban areas	890.00
	4.3.3 Simplex frequency (Parrot repeater)	401.00
	4.3.4 Any additional simplex frequency (per frequency)	222.00
4.4	Experimental Station
	4.4.1 Experimental station valid for 6 months	222.00
4.6	National Occupancy (Base Mobile Station)
	4.6.1 Not shared	1,780.00
	4.6.2 Shared	222.00
5.	HIGH FREQUENCY(HF) RADIO
5.1	Fixed/mobile Station	334.00
5.2	Fixed radio station above 400Watt	2,225.00

6.	RADIO COMMUNICATIONS SYSTEMS	RADIO COMMUNICATIONS SYSTEMS	RADIO COMMUNICATIONS SYSTEMS
6.1	Alarm	Alarm
	6.1.1	Urban complexes (per control room and per frequency)	7,417.00
	6.1.2	All other areas (per control room and per frequency)	1,854.00
6.2	Load management (including telemetry)	Load management (including telemetry)	7,417.00
6.3	Paging (one-way)	Paging (one-way)
	6.3.1	Commercial
		6.3.1.1 Application	2,318.00
		6.3.1.2 Per control room	11,125.00
	6.3.2	Private
		6.3.2.1 Per control room and per frequency	222.00
6.4	Radio trunking	Radio trunking
	6.4.1	For a maximum of one control channel per base station	1,112.00
	6.4.2	For each additional double frequency or if only one channel is used at a base station	5,562.00
6.5	Repeater (Community/Shared)	Repeater (Community/Shared)
	6.5.1	Urban area per duplex frequency (commercial use)	5,117.00
	6.5.2	All other areas per duplex (commercial use)	2,670.00
	6.5.3	All other areas per duplex (farmers associations only)	1,112.00
7.	SATELLITE SERVICES (LAND, MOBILE, MARITIME)	SATELLITE SERVICES (LAND, MOBILE, MARITIME)
7.1	Inmarsat	Inmarsat
	7.1.1	Aterminal	3,337.00
	7.1.2	B,C and Mterminal (64 kbit/s)	1,336.00
	7.1.3	D terminal (data only) RB GAN	557.00
7.2	Uplink Broadcasting Signal Distribution Fixed Satellite Earth Station	Uplink Broadcasting Signal Distribution Fixed Satellite Earth Station	39,606.00
7.3	Mobile or fixed satellite news gathering station (per month or part thereof)	Mobile or fixed satellite news gathering station (per month or part thereof)	3,961.00
8.	BROADCASTING SERVICES	BROADCASTING SERVICES
8.1	Analogue FM Radio Broadcasting Transmitter	Analogue FM Radio Broadcasting Transmitter
	8.1.1	0.000 up to 100.999 Watt (ERP)	792.00
	8.1.2	101.000 up to 999.999 Watt (ERP)	1,585.00
	8.1.3	1000 Watt (ERP) and above	2,376.00
8.2	Digital Terrestrial Television Broadcasting Transmitter	Digital Terrestrial Television Broadcasting Transmitter
	8.2.1	0.000 up to 100.999 Watt (ERP)	8,635.00
	8.2.2	101.000 up to 999.999 Watt (ERP)	10,615.00
	8.2.3	1000 Watt (ERP) and above	13,228.00
8.3	DAB Digital Radio Broadcasting Transmitter	DAB Digital Radio Broadcasting Transmitter	(12 channels per frequency)
	8.3.1	Regional	10,738.00 per transmitter
	8.3.2	National Single Frequency Network	10,738.00 per transmitter
8.4	DRM30 Digital Radio Broadcasting Transmitter	DRM30 Digital Radio Broadcasting Transmitter	(4 channels per frequency)
	8.4.1	0.000 up to 1000 kW(ERP)	9,504.00.00 per transmitter
8.5	Other broadcasting services	Other broadcasting services

	8.5.1	Special event broadcast spectrum licence maximum 10 Watt (fee per day up to a maximum capped fee equal to 30 days' daily fee. If pe- riod thereafter exceeds 30 days, the maximum fee shall then apply)	792.00 Maximum fee: 23,764.00
	8.5.2	Outside broadcasting vehicle links (per event irrespective of dura- tion)	5,281.00
9.	MISCELLANEOUS	MISCELLANEOUS
9.1	National Security Forces	National Security Forces	87,133.00
9.2	Namibia Defence Force	Namibia Defence Force	87,133.00
9.3	Competency certificate (radios above 400 Watt)	Competency certificate (radios above 400 Watt)	112.00
9.4	Duplicate spectrum licences	Duplicate spectrum licences	112.00
9.5	Amendment of spectrum licence	Amendment of spectrum licence	101.00
9.6	Photocopies perA4 sheet	Photocopies perA4 sheet	2.00
9.10	Radio location	Radio location	1,000.00

If Point to Point or Point to Multipoint is less than N$500.00, a fee of N$500.00 will be charged inclusive of studio links for broadcasting.

Amendment of Regulation 5 of the Regulations

3. Regulation 5(1) of the Regulations is amended -
4. (a) by the substitution for sub-regulation 5(1) (a) of the following sub-regulation:
5. '(1) For purposes of this regulation -
6. (a) 'BV' is an acronym for base value measured in Namibian Dollars per MHz and is currently set at -
7. (i) N$ [1,607] 1,210.00 for mobile services;
8. (ii) N$ [113] 98.00 for fixed services; and
9. (iii) N$ [5,844] 650.00 for fixed and mobile satellite services;
10. (b) by the substitution for sub-regulation 5(2)(b) of the following sub-regulation:

'(b) for fixed and mobile satellite services'

annual spectrum fee = [BWF x BV] BWF x FBF x CF x SHRF x GEOF x BV

• (c) by the substitution for sub-regulation 4, Table 3 of the following Table:

TABLE 3

FREQUENCY BAND FACTOR (FBF):

MOBILE SERVICES (Time Division Duplex and Frequency Division Duplex)

Frequency Range	Frequency Range	FBF
From	To
450 MHz	470 MHz	0.5
694 MHz	790 MHz	2.25
790 MHz	862 MHz	2.25
862 MHz	960 MHz	2.25
1427 MHz	1675 MHz	0.75
1710 MHz	1785 MHz	0.75
1805 MHz	1880 MHz	0.75
1920 MHz	1980 MHz	0.75
2110 MHz	2170 MHz	0.75
2300 MHz	2400 MHz	1
2500 MHz	2690 MHz	1
3300 MHz	3600 MHz	2.25
24.25 GHz	43.5GHz	0.75

Deletion of regulation 6 of the Regulations

4. The Regulations is amended by the deletion of Regulation 6.

ANNEXURE B DISCUSSION PAPER ON REVIEW OF SPECTRUM FEES FOR CRAN

Table of Content

1.	INTROUCTION	10
2.	COST RECOVERY	10
3.	INTERNATIONAL BEST PRACTICEAND TRENDS IN CHARGING SPECTRUM FEES	11
4.	COST CALCULATIONS	12

REFERENCES 16

1. INTRODUCTION

The Communications Regulatory Authority of Namibia (CRAN) was tasked in terms of section 2 (h) of the Communications Act, Act No. 8 of 2009 to 'stimulate the commercial development and use of the radio frequency spectrum in the best interests of Namibia'. Spectrum is a limited resource and therefore the main rationale for charging a price for spectrum, whether through upfront fees or annual charges (or both), is to promote its efficient use.

CRAN reviews spectrum fees every three to five years to ensure certainty and transparency of fees. The purpose of this paper is therefore to explain how CRAN derives spectrum fees and the principles used in doing so. The following principles are taken into consideration when spectrum fees are determined:

• Simplicity in charges to ensure that they are easy understandable, practical and minimise collection cost;
• consider the inflationary impact by means of the CPI since 2020;
• achieve the aims of cost recovery, cost-reflectiveness, efficiency, fairness and cost consciousness; and
• The demand for, and applicant profile involved in the different spectrum licences and spectrum use.

Spectrum management includes activities such as planning spectrum utilisation, allocating and assigning spectrum licences, coordinating shared spectrum use, harmonising regional and global spectrum standards and monitoring and controlling its actual use. High-level economic, technical and social objectives (mainly related to universal access/service) associated with spectrum use have evolved with the spectrum management reform trend prevalent in the past ten years with less focus on the traditional command and control approach and greater emphasis on market-based systems. High-level policy objectives require consistency in regulatory approaches to matters such as access, competition, non-discrimination, user protection, equity and fairness in the manner spectrum is allocated and assigned to users. Today, the largest competitive enabler in the market is spectrum.

The determination of spectrum prices and establishment of spectrum fees are closely linked to economic and market conditions, technical factors such as which technologies and services are being used or deployed, the efficiency and quality of those technologies and services, and how spectrum is assigned to spectrum users.

2. COST RECOVERY

CRAN is mandated in terms of section 99 of the Act with the full scope of activities related to spectrum management. CRAN is self-funded and therefore needs to recover its operational and capital costs in respect of spectrum management based on the following aspects:

• Capital costs related to spectrum monitoring equipment.
• Operational and maintenance costs related to spectrum monitoring and enforcement of spectrum licence conditions; and
• Administrative expenses such as staffing, training and development costs, costs in respect of adhering to regulatory processes and legislation, office rental, planning and implementation of spectrum allocations and assignments in adherence to ITU regulations, licensing and investigations.

CRAN started with a process to allocate the different costs to the various revenue streams utilised by CRAN to cover its costs. The previous review of spectrum fees was done in 2020.

3. INTERNATIONAL BEST PRACTICE AND TRENDS IN CHARGING SPECTRUM FEES

Spectrum management is the combination of administrative and technical procedures necessary to ensure the efficient utilisation of the radio-frequency spectrum by all radio-communication services.

The telecommunication sector, including radio-communications, is organised internationally within the framework of the International Telecommunication Union (ITU), which provides the basic framework for the global coordination and management of the radio-frequency spectrum.

National spectrum management principles should reflect economic and behavioural aspects as follows:

• (i) Spectrum should be allocated to the highest value use or uses to ensure maximum benefits to society are realised.
• (ii) Mechanisms should be put in place to enable and encourage spectrum to move to its highest value use.
• (iii) Greater access to spectrum will be facilitated when the least cost and least restrictive approach is chosen in achieving spectrum management goals and objectives.
• (iv) To the extent possible, regulators and spectrum managers need to promote both regulatory certainty and flexibility in how spectrum is used.
• (v) Balance should be achieved between the cost of interference and the benefits obtainable from greater spectrum utilisation.
• (vi) Fairness and objectivity require that fees are based on objective factors and all licence holders in a given frequency band should be treated on an equitable basis. This would preclude, for example, different treatment of different users in a given frequency band.
• (vii) Transparency requires that the basis on which fees are calculated should be made clear in a published document resulting from consultation with stakeholders and that all fees should be set based on a published schedule.
• (viii) Administrative costs will be lower if the fee schedule is simple to administer. The simplest fee schedule would be one involving a flat fee payment; however, this may not promote efficient spectrum use.
• (ix) Administrative simplicity needs to be balanced against the requirement to encourage efficiency of spectrum use if fees are set taking account of parameters such as bandwidth, frequency band or coverage.

Some additional principles such as the following could also be considered:

• Spectrum fees should be reviewed at suitable intervals to cater for changes in economic KPIs (key performance indicators) or advancement in technologies resulting in increased demand of a particular band.

• Mechanisms should be in place to avoid, detect and where necessary prevent spectrum hoarding, which will deter competition.

• A balance should be established between financial approach and other key facets such as regulatory (competition) and social (universal service).

• Ensure discontinuation of legacy technologies and efficient utilisation of spectrum.

CRAN uses a number of these to assign spectrum through licencing, including but not limited to the following:

• Administrative fees;
• Formulae based fees to promote the efficient use of spectrum; and
• Spectrum Auctions

4. COST CALCULATIONS

CRAN determines the administrative fees for spectrum every 3 to 5 years as previously mentioned. To determine the fees, the cost of managing spectrum was taken into consideration for the three years 2021/2022 to 2023/2024. The total budgeted cost was estimated as follows:

Table 1: Projected Budget as per 2020 Spectrum Fee Determination	Table 1: Projected Budget as per 2020 Spectrum Fee Determination	Table 1: Projected Budget as per 2020 Spectrum Fee Determination	Table 1: Projected Budget as per 2020 Spectrum Fee Determination	Table 1: Projected Budget as per 2020 Spectrum Fee Determination
BUDGET	2021/2022	2022/2023	2023/2024	Total
Total Capex allocated to Spectrum Management	9,850,000	10,000,000	10,150,000	30,000,000
Total Opex allocated to Spectrum Management	18,681,362	20,701,895	23,014,011	62,397,268
Total Projected Cost for Spectrum	28,531,362	30,701,894	33,164,010	92,397,267
Total Budget for Spectrum as Approved	14,933,288	27,426,875	30,349,190	72,709,353
OPEX	13,193,627	11,916,915	17,868,636	42,979,178
CAPEX	1,739,661	15,509,960	12,480,554	29,730,175

The total budgeted cost for spectrum management over the three years was therefore N$ 92,397,267.76 .

According to the Audited Financial Statements and provisional financial statements of CRAN the following was budgeted and spent on the management of spectrum.

Table 2: Actual Expenditure and Revenue on Spectrum 2021/2022 - 2022/2023	Table 2: Actual Expenditure and Revenue on Spectrum 2021/2022 - 2022/2023	Table 2: Actual Expenditure and Revenue on Spectrum 2021/2022 - 2022/2023	Table 2: Actual Expenditure and Revenue on Spectrum 2021/2022 - 2022/2023
	2021/2022	2022/2023	Total
Total Costs	19,363,370	27,050,861	46,414,231
OPEX	13,374,999	15,594,629	28,969,628
CAPEX	5,988,371	11,456,232	17,444,603
Revenue Received	31,721,847	21,496,979	53,218,826
Revenue Budgetted	26,243,421	27,293,158	53,536,579
Over/Under recovery on revenue	5,478,426	-5,796,179	-317,753
Over/Under-recovery	12,358,477	-5,553,882	6,486,842

The over-recovery in 2021/2022 was due to the litigation on the regulatory levy resulting in CRAN not spending the full capital amount as was anticipated to ensure business continuity. The budget, as was approved, was therefore also substantially less. This means that the N$ 6.5 million overrecovered would have to be subtracted from the next periods' projected budget. At the same time the revenue received was projected N$ 53,536,579 The actual revenue received was N$ 53,218,826. There was thus an under-recovery of N$ 317,753 bringing the total over-recovery to N$ 6,486,842 .

Table 3: Budgeted Revenue Requirement 2023/2024 to 2026/2027	Table 3: Budgeted Revenue Requirement 2023/2024 to 2026/2027	Table 3: Budgeted Revenue Requirement 2023/2024 to 2026/2027	Table 3: Budgeted Revenue Requirement 2023/2024 to 2026/2027	Table 3: Budgeted Revenue Requirement 2023/2024 to 2026/2027
	2023/2024	2024/2025	2025/2026	Total
Total Costs	30,349,190	42,163,634	33,518,756	106,031,580
OPEX	17,868,636	14,850,242	11,382,809	44,101,687
CAPEX	12,480,554	27,313,392	22,135,947	61,929,893
Over/Under-recovery				-6,486,842
Total Budgeted Revenue Requirement				99,544,738

The projected revenue requirement for the next three years is therefore N$ 99,544,738. In order to determine the base values, the revenue received from spectrum auctions and the revenue that would be received from fixed spectrum must be subtracted for the budgeting period in order to determine the base values. The total revenue requirement therefore is N$ 81,462,509 for the three -year period up to 2025/2026.

This therefore results in the following:

1. Fixed spectrum fees will be increased by 2.5% taking inflation into consideration;
2. Mobile spectrum (2G, 3G and IMT) will have a new base value of N$ 1,210.00
3. Fixed will have a new base value of N$ 98.00
4. VSAT will have a new base value of N$ 650.00. the formulae for VSAT will change to

Cost of Managing Spectrum

______________________________

BW x FBF x CF x SRHF x GEO x TF

This will reduce spectrum fees for VSAT significantly and allow VSAT to be utilised in rural areas for backhaul connectivity and therefore faster broadband services to unserved and under-served communities.

Table 4: Budget for 2023/2024 to 2026/2027	Table 4: Budget for 2023/2024 to 2026/2027	Table 4: Budget for 2023/2024 to 2026/2027	Table 4: Budget for 2023/2024 to 2026/2027	Table 4: Budget for 2023/2024 to 2026/2027
	2023/2024	2024/2025	2025/2026	Total
Total Costs	30,349,190	42,163,634	33,518,756	106,031,580
OPEX	17,868,636	14,850,242	11,382,809	44,101,687
CAPEX	12,480,554	27,313,392	22,135,947	61,929,893
Over/Under-recoveries				6,486,842
Spectrum auction and fixed fees	5,937,436.03	5,937,436.03	5,937,436.03	17,812,308
				81,732,430
Total projected Revenue	27,261,222	27,318,843	27,318,843	81,898,908
Total Budgeted Revenue Requirement				-166,478

Over the three-year period there will be an over-recovery of N$ 166,478 which will then be subtracted from the revenue requirement during the next spectrum fee determination.

5. SUMMARY

In order for fees to become cost reflective it is necessary to increase the administrative fixed fees with 2.5%. This is less than the average inflation of the past 3 years.

Fees for fixed and mobile is formulae based and reduced between 25% and 33% depending on the spectrum held by the respective licensees.

Point-to-point and point-to-multipoint fees were reduced between 13% and 15% depending on the spectrum held by the respective licensees.

VSAT was changed to the same formulae as mobile and fixed spectrum. At the same time this resulted in a reduction of between 17% and 20% for spectrum which will allow high through put services to be utilised as backhaul to improve quality of service in rural areas.

High value spectrum - all the bands below 1GHz - were awarded a value of 2.25 for Frequency Band Factor (FBF) to take into consideration the demand of the bands.

Provision was made for the Millimetre Wave spectrum bands above 24 GHZ for 5G in accordance with National 5G Strategy to be awarded on first come first serve basis.

No auction, except those already allocated, were taken into consideration. The reason being that the allocation is not certain. If there would be any over- or under recoveries it will be taken into consideration in the next review period.

Overall, these new spectrum fees should give relief to all licensees.

REFERENCES

https://www.itu.int/en/ITU-D/Spectrum

Broadcasting/Documents/Publications/Guidelines_SpectrumFees_Final_E.pdf

________________

No. 495

2023

REGULATIONS IN RESPECT OF TELECOMMUNICATIONS EQUIPMENT REQUIRING TYPE APPROVAL: COMMUNICATIONS ACT, 2009

The Communications Regulatory Authority of Namibia in terms of section 80 read with section 129 of the Communications Act, 2009 (Act No. 8 of 2009) and the 'Regulations Regarding Rule-Making Procedures: Communications Act, 2009' published as General Notice No. 334 in the Government Gazette No. 4630 dated 17 December 2010, hereby -

• (a) makes the Regulations set out in the Schedule; and
• (b) repeals the Regulations in respect of Type Approval and Technical Standards for Telecommunications Equipment, published under General Notice No. 22 of 30 January 2015, as amended under General Notice No. 361 of 11 September 2019.

DR T. MUFETI CHAIRPERSON OF THE BOARD COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA

SCHEDULE

ARRANGEMENT OF REGULATIONS

PART 1

PRELIMINARY

PART 2

TYPE APPROVAL OF TELECOMMUNICATIONS EQUIPMENT

3. Telecommunication equipment to be type approved
4. Application for type approval
5. Declaration or certificate of conformity
6. Decision of Authority on application for type approval
7. Issue of type approval certificate
8. Validity of type approval certificate
9. Registration as supplier
10. Type approval register
11. Application for renewal of type approval certificate
12. Application for temporary import of telecommunication equipment
13. Application in respect of telecommunications equipment previously type approved
14. Duties, rights and limitations following successful application for type approval
15. Type-approved equipment to bear mark of conformity
16. Technical standards

COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA

1. Definitions

2. Objects and application

3. Fees

PART 3

EXEMPTED AND PROHIBITED TELECOMMUNICATIONS EQUIPMENT

17. Telecommunications equipment exempted from type approval
18. Prohibited telecommunications equipment

PART 4

FEES

PART 5

INVESTIGATION AND ENFORCEMENT

20. Monitoring compliance and inspections
21. Revocation of type approval certificate

PART 6

GENERAL

22. Oral hearings and call for written submissions
23. Confidential information
24. Record of proceedings
25. Reconsideration
26. Condonation
27. Ex parte communications

Annexure A- Index to Forms 1 to 5

Annexure B- Telecommunications equipment exempted from type approval

Annexure C- Fees

Definitions

1. (1) In these Regulations, any word or expression to which a meaning is assigned in the Act, has the same meaning and -

'accredited test laboratory' means any laboratory accredited by its own national accreditation body or another accreditation body recognised in terms of ISO/IEC standards;

'applicant' means a person applying for type approval of telecommunications equipment in accordance with these Regulations;

PART 1

PRELIMINARY

'declaration or certificate of conformity' means a written declaration or certificate, as the case may be, referred to in regulation 5 , issued in accordance with the ISO/IEC 17050-1 requirements, which -

• (a) conforms to these Regulations and applicable ISO/IEC standards; and
• (b) is issued by an applicant or a manufacturer or supplier of telecommunications equipment for which type approval is sought;

'electronic communications' means any emission, transmission or reception of sound, pictures, text or any other information by wire, radio waves, optical media, electromagnetic systems or any other means of a like nature;

'electronic communications network' means any system of electronic communications facilities, including without limitation -

• (a) satellite systems;
• (b) fixed systems, including circuit- and packet-switched systems;
• (c) mobile systems;
• (d) undersea and land-based fibre optic cable networks;
• (e) electrical cable systems, to the extent used for electronic communications services; and
• (f) any other transmission system used to transmit electronic communications;

'electronic communications service' means a service provided to the public, sections of the public, the State, or the subscribers to such service, which consists wholly or mainly of the transmission of electronic communications over an electronic communications network;

'foreign regulatory authority' means a regulatory authority outside Namibia, which performs the same or substantially the same functions as the Authority and whose standards are acceptable to the Authority;

'ISO/IEC' means the International Organisation for Standardisation and the International Electrotechnical Commission;

'person' means a natural or juristic person or any other entity, whether incorporate or unincorporate;

'radio communication equipment' means digital radio-communication equipment working within the VHF/UHF range, which includes equipment such as mobile and fixed radios, handheld radios receiver or transmitter antennas;

'set-top box decoder' means an information appliance device that generally contains a tuner and connects to a television set and an external source of signal, turning the source signal into content in a form that can then be displayed on the television screen or other display device;

'telecommunications equipment' means communications or networking equipment with an interface to public network or wide area network services and includes without limitation -

• (a) telecommunications terminal equipment;

• (b) information technology equipment, including but not limited to digital set-top box decoders;

• (c) radio communication equipment powered by means of an internal or external alternating current or direct current electrical energy source; and

• (d) electronic communications network equipment;

'telecommunications terminal equipment' means a product or relevant component thereof, enabling communication which is intended to be connected directly or indirectly by any means to interface with public electronic communications networks;

'the Act' means the Communications Act, 2009 (Act No. 8 of 2009);

'type approval' means the process undertaken by the Authority in accordance with these Regulations -

• (a) to authorise the use of telecommunications equipment; or
• (b) to examine and test telecommunications equipment to determine if such equipment may be authorised for use,

in Namibia, and involves verification of such equipment's compliance with applicable ISO/ IEC standards and other regulatory requirements and 'type approved' has a corresponding meaning;

'type approval fees' means fees referred to in regulation 18 ;

'type approval certificate' means a certificate issued by the Authority confirming that an applicant's telecommunications equipment has been type approved;

'type approval register' means the type approval register referred to in regulation 10 , which is kept by the Authority pursuant to section 27 of the Act and contains basic technical and compliance information on all type-approved equipment, including any conditions the Authority may have issued together with such type approval;

'type-approved equipment' means telecommunications equipment that is type approved in accordance with these Regulations;

'website of the Authority' means the website of the Authority with URL: www.cran.na.

(2) In these Regulations, to submit documents in writing to the Authority means either physically or electronically submit such documents -

• (a) by hand to the head offices of the Authority, namely Communication House, 56 Robert Mugabe Avenue, Windhoek;
• (b) by post to the head offices of the Authority, namely Private Bag 13309, Windhoek, 9000;
• (c) by electronic mail to the following address: ta@cran.na; or
• (d) in any other manner or at alternative addresses specified in writing by the Authority from time to time.

Objects and application

2. (1) The objects of these Regulations are to establish procedures for type approval to ensure that -
3. (a) telecommunications equipment used in Namibia comply with international standards applicable in Namibia;
4. (b) no telecommunications equipment which may pose health and safety hazards for consumers are operated in Namibia;
5. (c) consumers are protected from telecommunications equipment that is incompatible with local networks; and
6. (d) the operating frequency of telecommunications equipment generally and radio communication equipment in particular are in conformance with the national frequency band plan in Namibia so that no harmful interference is caused to any electronic communication service.

• (2) These Regulations apply to -

7. (a) all persons who use, sell, offer for sale or connect telecommunications equipment to an electronic communications network within Namibia; and
8. (b) all telecommunications equipment used, sold, offered for sale or connected to an electronic communications network within Namibia.

• (3) These Regulations bind the State.

PART 2

TYPE APPROVAL OF TELECOMMUNICATIONS EQUIPMENT

Telecommunication equipment to be type approved

3. (1) Subject to subregulation (2), no person may -
4. (a) connect any equipment to an electronic communication network in Namibia for purposes of electronic communications; or
5. (b) use, sell or offer for sale telecommunications equipment in Namibia,

unless such telecommunications equipment is type approved or exempted from type approval in terms of these Regulations.

(2) Despite subregulation (1), but subject to subregulation (3), telecommunications equipment does not require type approval if such equipment -

• (a) is temporarily imported into Namibia; or
• (b) is to be used solely for the research and development of the equipment or the demonstration of prototypes thereof,

for a period not more than 6 months.

• (3) Telecommunications equipment referred to in subregulation (2) may not be imported into Namibia unless the person seeking to import such equipment into, or use it in, Namibia has obtained the authorisation of the Authority upon application in accordance with regulation 12 .

Application for type approval

4. (1) An applicant must prior to the use, connection, offer for sale or sale of telecommunications equipment requiring type approval, submit an application substantially in the form and containing the information set out in Form 1 .

(2) An application for type approval of telecommunication equipment must be accompanied by -

• (a) personal identification, a certificate of incorporation or a valid trade licence in the name of the applicant;

• (b) a declaration or certificate of conformity, whichever is applicable;

• (c) test reports;

• (d) technical, physical, operational, installation and user information of the telecommunication equipment;

• (e) software and firmware numbers of the telecommunications equipment; and

• (f) all other documentation as may be required by Form 1 .

• (3) The Authority may require an applicant to submit additional information as proof of complying with the applicable ISO-IEC technical standards.

• (4) An application is not complete unless accompanied by all documents required in terms of subregulation (2) and where applicable, subregulation (3).

• (5) In addition to the requirements of sub-regulation (2), the Authority may request an applicant for a sample of the telecommunications equipment requiring type approval for examination and testing to determine whether such equipment has passed performance and quality assurance tests and meets the qualification criteria set out in applicable ISO-IEC technical standards and other regulatory requirements.

• (6) Samples of telecommunications communications equipment referred to in subregulation (5) must be -

• (a) in good and proper working condition;

• (b) properly configured for testing, complete with the necessary test adaptors; and

• (c) clearly marked with the trade name, model and serial number of the telecommunications equipment.

• (7) If the Authority requires clarification in respect of technical details or other specifications of the telecommunications equipment requiring type approval, or any other information or documentation required in terms of these Regulations, the Authority may request the applicant to provide such clarification within 14 days from the date of receipt of such request.

• (8) The Authority will not consider an application for type approval if the applicant fails to respond to a request for clarification contemplated by subregulation (8) or within the timeframe referred to in that subregulation.

• (9) If an application for type approval does not comply with the requirements contained in these Regulations the Authority must reject the application and notify the applicant of the reasons the application is non-compliant.

• (10) An unsuccessful applicant may address any non-compliance and submit a new application for type approval in accordance with this regulation.

Declaration or certificate of conformity

5. (1) The Authority may accept a declaration or certificate of conformity relating to telecommunications equipment for which type approval is sought if accompanied by a copy of test reports and data issued by an accredited test laboratory, certified by a commissioner of oaths as a true copy, confirming conformity of such equipment with the applicable ISO-IEC technical standards.

• (2) In an application for type approval, the applicant must submit a test report and data referred to in sub-regulation (1) without any modification.
• (3) In assessing an application for type approval, the Authority must take into account whether a test report and data referred to in sub-regulation (1) were submitted and accepted by a foreign regulatory authority.
• (4) The Authority may not consider any test report and data accompanying a declaration or certificate of conformity in terms of sub-regulation (1) if such report and data are older than five years.
• (5) The Authority may regard a declaration or certificate of conformity and any accompanying test report and data as valid if such declaration, certificate, test report and data were prepared for the telecommunications equipment for which type approval is sought and if no modification was made to such equipment following the completion of any test relating to the equipment.
• (6) The Authority is under no obligation to accept a test report and data referred to in subregulation (1) and may at its sole discretion require telecommunications equipment for which type approval is sought to undergo a further test.

Decision of Authority on application for type approval

6. (1) The Authority must within 40 days from the date of the submission of an application to the Authority which is complete in all respects as contemplated by regulation 4(4) , determine whether the application is approved or not.

• (2) In assessing an application in terms of subregulation (1), the Authority must determine and confirm whether the telecommunications equipment for which type approval is sought complies with the applicable ISO/IEC technical standards in respect of the telecommunications equipment concerned.

Issue of type approval certificate

7. (1) If the Authority is satisfied that an applicant substantively complies with all the applicable requirements of these Regulations, the Authority must issue a type approval certificate to that applicant, subject to any conditions that the Authority may impose.

• (2) The Authority must within seven days from the date of its decision to approve an application for type approval notify such approval on the website of the Authority together with the reasons for its decision.
• (3) The type approval certificate referred to in subregulation (1) must contain a registration number allocated by the Authority.
• (4) A type approval certificate is not transferable to any person except with the prior written approval of the Authority.

Validity of type approval certificate

8. (1) A type approval certificate is valid for a period of three years and may be renewed by the Authority on application made in accordance with regulation 9 .

• (2) If type-approved equipment undergoes a change of model, design, function or specifications, the type approval certificate issued for such telecommunications equipment automatically lapses.
• (3) If a person requires telecommunications equipment that underwent a change of model, design, function or specifications to be type approved, that person must submit an application for type approval for such telecommunications equipment in accordance with regulation 4 .

Registration as supplier

9. (1) The Authority must register a person to whom a type approval certificate has been issued in terms of regulation 7(1) as a supplier of telecommunications equipment on the database of the Authority.

• (2) A supplier whose details referred to in regulation 4(2) have changed must inform the Authority within 14 days from the date of such change.

Type approval register

10. (1) All type-approved equipment must be entered on the type approval register which the Authority must periodically publish on the website of the Authority.

• (2) Any person may upon payment of the fee specified in Annexure C request a copy of the type approval register of the Authority.

Application for renewal of type approval certificate

11. (1) A type approval certificate may be renewed by the Authority on application made-
12. (a) by the person to whom such certificate was issued substantially in the form and containing the information set out in Form 2 ; and
13. (b) at least 45 days prior to the date of expiry of the certificate.

(2) The Authority must grant an application for renewal of a type approval certificate referred to in subregulation (1) if Form 2 is complete in all respects, is accompanied by the information or documents that the Authority may require and provided that -

• (a) no modification in respect of the model, design, function, or information as recorded in the type approval certificate or type approval register is made to the type-approved equipment;
• (b) no significant changes are made to the technical specifications of the typeapproved equipment, including but not limited to -
• (i) the operating frequency band; and
• (ii) RF power and ISO-IEC technical standards upon which the telecommunications equipment was type approved; and
• (c) the application is accompanied by a letter from the manufacturer confirming that the telecommunications equipment is still under its support.

Application for temporary import of telecommunication equipment

12. (1) A person may not import telecommunications equipment referred to in regulation 3(2) into Namibia unless the person seeking to import such equipment into, or use it in, Namibia has applied for the authorisation of the Authority.

• (2) An application for the authorisation referred to in subregulation (1) must -

2. (a) substantially be in the form and containing the information set out in Form 3 ;
3. (b) specify the particulars of the telecommunications equipment;
4. (c) indicate the location where the equipment will be kept;
5. (d) state the purpose of importing the equipment and its use; and
6. (e) specify the period that the equipment will remain in Namibia, which period may not exceed six months from the date of importation of the equipment.

• (3) The Authority may grant an application for the authorisation referred to in subregulation (1) if Form 3 is complete in all respects and is accompanied by the information or documents that the Authority may require.
• (4) The Authority may in writing extend the period referred to in subregulation (2)(e) upon the written application and on good cause shown by the person to whom the authorisation referred to in subregulation (1) has been granted.
• (5) Upon termination of the period referred to in subregulation (2)(e), the person to whom the authorisation referred to in subregulation (1) has been granted must provide written proof to the Authority that the telecommunications equipment in question has been removed from Namibia.
• (6) A person who contravenes subregulation (5) commits an offence and is liable on conviction to a fine not exceeding N$ 50 000 or imprisonment for a period of 12 months or both such fine and such imprisonment.

Application in respect of telecommunications equipment previously type approved

13. (1) A supplier referred to in regulation 9 that intends to -
14. (a) connect any telecommunications equipment to an electronic communication network in Namibia for purposes of an electronic communications service; or
15. (b) use, sell or offer for sale telecommunications equipment in Namibia,

that appears on the type approval register may apply to the Authority that the telecommunications equipment be subject to a simplified type approval process.

• (2) An application referred to in subregulation (1) must -

2. (a) substantially be in the form and containing the information set out in Form 4 ; and
3. (b) provide proof that the telecommunications equipment for which type approval is applied for in terms of subregulation (1) is identical to the telecommunications equipment that is already type approved and appears on the type approval register.

• (3) The simplified type approval process referred to in subregulation (1) does not require the submission of a declaration or certificate of conformity, but the Authority may require that the supplier provides a representative sample of the telecommunications equipment concerned.

(4) Subregulations (5) to (11) of regulation 4 and regulation 7 apply with the changes required by the context with regard to the simplified type approval process referred to in subregulation (1).

Duties, rights and limitations following successful application for type approval

14. (1) The holder of a type approval certificate or the owner of telecommunications equipment that has been type approved by the Authority may only use, sell, offer for sale or connect telecommunications equipment to an electronic communications network which are identical in all material respects to the type-approved equipment in respect of which the type approval certificate has been issued.

(2) After the issue of a type approval certificate, any telecommunications equipment sample submitted to the Authority may be returned to the applicant, but the Authority may retain any related documents.

(3) Neither the issue of a type approval certificate, nor the acceptance of a declaration or certificate of conformity in terms of these Regulations may be construed as a guarantee by the Authority for the proper functioning, performance or quality of the type-approved equipment.

(4) A person that connects type-approved equipment to an electronic communications network in Namibia must ensure that such telecommunications equipment interconnects properly with the electronic communications network concerned.

(5) The Authority is not liable for interference caused to other equipment, or injury, loss of life or damage to property arising from the direct or indirect use of type-approved equipment.

(6) A network operator may not refuse connection of type-approved equipment unless there are reasonable grounds, as determined by the Authority on request of a network operator, for the refusal of such connection.

Type-approved equipment to bear mark of conformity

15. All type-approved equipment must bear a mark of conformity issued by the Authority in the form determined by the Authority.

Technical standards

16. (1) The Authority may only recognise technical standards issued by a standard-setting body which is competent in the opinion of the Authority, if those standards are not ISO-IEC technical standards.

• (2) Whenever ISO-IEC technical standards or technical standards referred to in subregulation (1) are amended, the holder of a type approval certificate in respect of telecommunications equipment subject to those standards must ensure that such equipment is re-assessed by the Authority to determine if due to the amended technical standard, the equipment requires further type approval in terms of these Regulations.
• (3) If the telecommunications equipment referred to in sub-regulation (2) requires further type approval, an application for type approval must be made to the Authority in accordance with regulation 4 before the date of commencement of the amended technical standards and subject to the payment of any type approval fees.

PART 3

EXEMPTED AND PROHIBITED TELECOMMUNICATIONS EQUIPMENT

Telecommunications equipment exempted from type approval

17. (1) The telecommunications equipment listed in Annexure B are exempt from the requirement to be type approved under these Regulations.

• (2) All telecommunications equipment exempted from type approval must be entered on the type approval exemption register which the Authority must periodically publish on the website of the Authority.

Prohibited telecommunications equipment

18. (1) The Authority may from time to time publish a list of prohibited telecommunications equipment on its website.

• (2) No person may import, sell, offer for sale or connect telecommunications equipment appearing on the list referred to in sub-regulation (1).
• (3) The Authority may with the cooperation of relevant Government agencies restrict the importation of any telecommunications equipment into Namibia, if the Authority is satisfied that such equipment may cause damage or harmful interference to electronic communications networks or poses a risk to public health and safety or the environment.

Fees

19. (1) The Authority will charge type approval fees for the categories of telecommunications equipment set out in Annexure C

• (2) Type approval fees are payable in advance and are non-refundable.

(3) The Authority may adjust the type approval fees set out in Annexure C by a maximum of the Consumer Price Index as published by the Namibia Statistics Agency.

(4) Notice of type approval fees adjusted as contemplated by subregulation (3) must be published in the Gazette by the Authority.

(5) Type approval fees adjusted as contemplated by subregulation (3) enters into force from the date of publication of the notice referred to in subregulation (4).

• (6) For the purposes of Annexure C -

2. (a) 'call monitoring equipment' means call monitoring equipment that facilitates the monitoring and recording of calls which includes but are not limited to call monitoring units or call recording units;
3. (b) 'data communications equipment' means equipment that transmits or receives analogue or digital signals through a network;
4. (c) 'access transmission and network equipment' means equipment that facilitates transmission for wireless communication services, including but not limited to switching equipment, base station controllers, base stations, microwave transmitters or similar equipment;
5. (d) 'IOT network equipment' means internet-of-things computing devices that connect wirelessly to a network and have the ability to transmit data;
6. (e) 'outdoor wireless access equipment' means network equipment that facilitate outdoor wireless access, which include but not limited to wi-fi long range extended or access point devices;
7. (f) 'remotely piloted aircraft' means an unmanned aircraft which is piloted from a remote pilot station using radio frequency to facilitate remote control of such aircraft';
8. (g) 'aeronautical equipment' means aeronautical equipment used to transmit and receive data in facilitating ground radio communications for aircraft;
9. (h) 'radio communications equipment' means digital radio communication equipment operating within the VHF/UHF range, which includes without limitation equipment such as mobile and fixed radios, handheld radio receiver or radio transmitter antennas;

PART 4

FEES

• (i) 'satellite equipment' means satellite communications equipment used for the transmission, conditioning, and reception of satellite signals enabling communications or connectivity with such satellite;
• (j) 'short range devices' or 'low power terminals' means radio devices that have a low risk of interference with other radio services, usually because of their transmission power';
• (k) 'telephone terminal equipment' means telephone instruments, including without limitation Global System for Mobile Phones, Code Division Multiple Access Terminals, which are intended to be connected electrically, acoustically or inductively to a telecommunication network;
• (l) 'IMT terminals (other than mobile phones)' refers to equipment other than mobile phones, which equipment operates in International Mobile Telecommunications GSM, UMTS or LTE bands; and
• (m) 'broadcasting equipment' means telecommunications equipment used to facilitate broadcasting services which includes without limitation equipment such as DTT set-top box receivers.

PART 5

INVESTIGATION AND ENFORCEMENT

Monitoring compliance and inspections

20. (1) The Authority may perform market surveillance activities from time to time in accordance with the provisions of Chapter X of the Act.

(2) Any person to whom a type approval certificate has been issued in terms of these Regulations must cooperate with the Authority when performing market surveillance activities as contemplated by subregulation (1).

(3) Without limiting the scope of any market surveillance activities performed as contemplated by subregulation (1), a person to whom a type approval certificate has been issued may be required by the Authority to provide, without charge to the Authority, samples of telecommunications equipment and documentation relating to such equipment.

(4) If any person is found to be in non-compliance with these Regulations or the applicable technical standards, the Authority may by written notice direct the person to forthwith cease to use, sell or offer for sell or connect the telecommunications equipment to an electronic communications network and to provide reasons to the Authority within the period stated in that notice why the telecommunications equipment concerned should not be disposed of at that person's own expense or as directed by the Authority.

• (5) The Authority may seize telecommunications equipment that does not comply with applicable technical standards or these Regulations or that belongs to a category of telecommunications equipment for which type approval is required in terms of these Regulations and that has not been type approved and that is causing or is likely to cause harmful interference to an electronic communications network or is a risk to human health or the environment.

(6) If the Authority seized telecommunications equipment as contemplated by subregulation (5), the Authority may by written notice direct the person to provide reasons to the Authority within the period stated in that notice why the telecommunications equipment concerned should not be disposed of at that person's own expense or as directed by the Authority.

(7) After considering any representations made by the person referred to in subregulation (4) or (6), the Authority may direct the person to -

• (a) apply for type approval in respect of the telecommunications equipment concerned in accordance with regulation 4 ;
• (b) dispose of the telecommunications equipment in the manner directed by the Authority.

Revocation of type approval certificate

21. (1) Where the Authority is satisfied upon an investigation conducted in terms of Chapter X of the Act that -

• (a) any information provided to the Authority a person to whom a type approval certificate has been issued is found to be counterfeit or false;
• (b) type-approved equipment does not comply with applicable ISO-IEC technical standards or these Regulations;
• (c) there is a breach of any condition subject to which a type approval certificate was issued; or
• (d) type-approved equipment is causing or likely to cause harmful interference to an electronic communications network or is a risk to human health or the environment,

the Authority may by written notice to the person to whom a type approval certificate has been issued inform the person that the Authority intends to cancel the type approval certificate, and in such notice state the grounds for such intended action and require the person concerned to forthwith cease to use, sell or offer for sell or connect the telecommunications equipment to an electronic communications network.

(2) A person to whom a type approval certificate has been issued may, within 15 days from the date of receipt of a notice referred to in sub-regulation (1), make written representations to the Authority on why the certificate should not be cancelled.

• (3) After consideration of the representations referred to in subregulation (2) or, if no such representations have been made, upon the expiry of the period mentioned in that subregulation, the Authority may -

2. (a) if the Authority is satisfied that it is just and equitable to do so in the particular case, by written notice to the person to whom a type approval certificate has been issued withdraw the notice referred to in subregulation (1); or
3. (b) by written notice to the person concerned cancel the type approval certificate.

(4) All telecommunications equipment that is the subject of a cancelled type approval certificate must be withdrawn from the market within 30 days from the date of receipt of the written notice referred to in subregulation (3)(b) at the cost of the person referred to in that subregulation.

PART 6

GENERAL

Oral hearings and call for written submissions

22. (1) If the Authority considers it necessary or appropriate, it may hear oral submissions in respect of any application made in terms of these Regulations.

• (2) The Authority must invite the public to make oral submissions at least 14 days prior to any hearing convened in terms of this regulation.
• (3) Unless otherwise specified by the Authority, hearings will be open to the public.
• (4) The format and agenda of the hearing is at the discretion of the Authority, depending on the nature of the proceeding, provided however, that the hearing should be informal in nature.
• (5) All oral submissions must -

6. (a) include a statement indicating the name and contact details of the person making the oral submission or the name and contact details of the person for whom the oral submission is made, if different;
7. (b) be clear and concise; and
8. (c) conform to any further requirements determined by the Authority from time to time.

• (6) If the Authority considers it necessary, it will provide the opportunity to a person to respond to oral submissions.
• (7) The Authority may request further oral or written submissions, such as further information or clarification, which must be provided to the Authority in the time and the manner set out by the Authority.
• (8) At the conclusion of the hearing, a concise report summarising the oral submissions must be prepared by the Authority.

Confidential information

23. If a person has designated information or documentation submitted to the Authority as confidential, the provisions of section 28 of the Act apply.

Record of proceedings

24. (1) All documents deemed relevant by the Authority for purposes of any proceedings contemplated by the Act and these Regulations must be maintained by the Authority separately for each application or proceeding in files located at the head office of the Authority and if practicable, may be uploaded on the Authority's website.

• (2) Except for information deemed to be confidential in terms of section 28 of the Act, any person may examine an application or a proceeding file either at the Head offices of the Authority during normal business hours and copies may be made on payment of a fee set out in Annexure C, and, if available, on the Authority's website where copies may be downloaded free of charge.

Reconsideration

25. (1) The Authority may in terms of section 31 of the Act reconsider any decision or order made in terms of these Regulations, within 90 calendar days from the date of making that decision or issuing that order.

(2) Any person (hereinafter 'the requesting party') may within 30 days of receiving any decision or order made by the Authority request the Authority in writing to reconsider the decision or order subject to the following:

• (a) The requesting party must comprehensively complete Form 5 (hereinafter 'the Reconsideration Form') and submit that form to the Authority within 30 days from date of receipt of the Authority's decision or order.
• (b) The Authority must within three days of receipt of the Reconsideration Form determine whether there are grounds for reconsideration.
• (c) Where there are no valid grounds for reconsideration, the Authority must forthwith notify the requesting party of its decision and close the file pertaining to the dispute.

(3) Where the Authority considers that the request for reconsideration should be heard, the Authority must provide a copy of the Reconsideration Form to any party with a direct or substantial interest in the matter and simultaneously notify the requesting party of its decision within 7 days from the lapse of the period referred to in paragraph (b).

(4) A party with a direct or substantial interest referred to in subregulation (3) must deliver a response in writing to the request for reconsideration within a period of 14 days of receipt of the Reconsideration Form.

(5) Upon receipt of the response referred to in subregulation (4), the Authority must deliver that response to the requesting party and afford that party 14 days from receipt of the response to reply thereto.

• (6) The Authority must thereafter, subject to subregulation (7), make a determination on whether or not to reconsider its decision or order.

(7) The Authority may publish its determination on reconsideration without further submissions having been received, or it may provide an opportunity to the public to provide further written or oral submissions, prior to making a determination contemplated in subregulation (6), in the manner stated by the Authority.

Condonation

26. (1) If an applicant is unable to comply with any time limit set out in these regulations, it may request from the Authority an extension of time at least 7 days prior to the expiry of the time limit or within such other time limit agreed by the Authority upon good cause shown.

(2) The Authority will respond to the request for condonation as soon as practicable, and may either grant or deny the request, at its sole discretion, based on, amongst other things, the nature of the proceeding and the reasons for non-compliance.

Ex parte communications

27. A person may not communicate with the members of the Board, the chief executive officer or any staff member of, or consultant of the Authority, to discuss the subject matter of an application or proceeding pending in terms of these Regulations, except as provided for herein.

ANNEXURE A

INDEX TO FORMS 1 TO 5

FORM	REGULATION	NATURE
Form 1	Regulation 4(1)	Application for type approval
Form 2	Regulation 11(1)	Application for renewal of type approval certificate
Form 3	Regulation 12(2)	Application for temporary import of telecommunication equipment
Form 4	Regulation 13(2)(a)	Application in respect of telecommunications equipment previously type approved
Form 5	Regulation 25	Reconsideration Form

FORM 1

COMMUNICATION REGULATORY AUTHORITY OF NAMIBIA

APPLICATION FOR TYPE APPROVAL Regulation 4(1)

APPLICATION FORM TELECOMMUNICATIONS EQUIPMENT TYPE APPROVAL

In terms of Regulation 3, 4 and 15 of the Regulations in respect of Telecommunications Equipment Requiring Type Approval, any person that intends to connect telecommunications equipment to an electronic network in Namibia for purposes of electronic communications or intends to use, sell or offer for sale telecommunications equipment within Namibia is required to complete this application for type approval.

After completing the form, sign it and submit it to the Authority as required by Regulation 4, along with the relevant application fee or proof that the application fee has been paid into the bank account of Authority, with the following particulars:

Account name:

Communications Regulatory Authority of Namibia

Account Number:

Account type:

8002848071

Cheque Account

Branch:

Capricorn

Branch code:

486 372

Swift code:

Reference:

BWLINANX

Applicant name / Customer number / Invoice number

1. MANUFACTURER DETAILS

Name of Original Equipment Manufacturer

Postal Address:

Physical Address:

Contact Person:

Email Address:

Telephone No:

Website:

2. DETAILS OF ANY PERSON ACTING AS REPRESENTATIVE OF ORIGINAL EQUIPMENT MANUFACTURER

(Letter of authorization not older than 6 months from original equipment manufacturer must be attached to application)

Name of Agent/Representative

Postal Address:

Physical Address:

Contact Person:

Email Address:

Telephone No:

Website:

Person/Entity to bear cost (Tick one box)

• ☐ Manufacturer ☐ Representative

Email Address (for the selected)

Telephone number (for the selected)

Certificate to be issued to (Tick one box)

• ☐ Manufacturer ☐ Representative

3. APPLICATION CATEGORY

Type Approval (proof of adherence to applicable ISO-IEC technical standards, certificate of conformance test reports and other data must be attached- refer regulations 6 and 7 to be attached)

4. ORIGINAL EQUIPMENT DETAILS

• 4.1 Please indicate the appropriate equipment category -

Category	Tick Here	Example of Equipment (Non Exhaustive)
Call Monitoring Equipment		Call Metering Unit
Call Monitoring Equipment		Call Monitoring Unit
Call Monitoring Equipment		Call Barring Unit
Call Monitoring Equipment		Call Recording Unit
Call Monitoring Equipment		Subscriber Private Meter
Data Equipment		Modem
Data Equipment		Packet Assembler/Disassembler (PAD)
Data Equipment		Multiplexer (MUX)
Access Transmission and Network Equipment		All type of operator telecommunication and radio communications equipment (Switching Equipment's, Base Station Controller, Base Stations, Microwave Transmitter, Base Station Transmitter,WiMAX terminal Cell Extender, Cellular Repeater Operating in IMT bands etc.)
IoT Network Equipment		Sigfox Lora, Zigbee, Radar, Wireless Smart Utility Network (Wi-SUN) Equipment, IoT Gateways and Base Stations
Wireless Access Equipment		Point to Point / Point to Multipoint Access Devices Wireless Routers
Remotely Piloted Aircraft (RPA)		Drone Remote Controller
Aeronautical Equipment		Aeronautical Base Station Equipment, Aeronautical transceiver installed on board aircrafts
Maritime Equipment		Maritime Base Station equipment Maritime transceiver installed on ships
Radio Communications Equipment		High Frequency (HF)
Radio Communications Equipment		Very High Frequency (VHF)
Radio Communications Equipment		Ultra-High Frequency (UHF)
Radio Communications Equipment		Radio Alarm Transmitter
Radio Communications Equipment		Ultra-Wideband (UWB) sensors and radars (such as ground probing radar)
Radio Communications Equipment		Automatic Identification System (AIS)
Radio Communications Equipment		Search and Rescue Transponder (SART)
Radio Communications Equipment		Emergency Position Indicating Radio Beacon (EPIRB)
Radio Communications Equipment		Citizen Band Radio
Radio Communications Equipment		Amateur Radio
Satellite Equipment		Satellite Phone
Satellite Equipment		Earth Station Terminal
Satellite Equipment		Very Small Aperture Terminal (VSAT)

Short Range Devices/ Low Power terminals	Closed circuit television (CCTV)
	Industrial control devices
	Road Transport telematics
	Telemetry
Telephone Terminal Equipment	Global System for Mobile (GSM) phone Cordless phones: GSM/LTE/NR
IMT Terminal (other than mobile phones)	Dongles/trackers/Tablets/ POS and routers with GSM/LTE/NR
VOIP network equipment	Voice Over Internet protocol (VOIP) gateway
	IP terminal
Broadcasting equipment	DTT Set -Top Box Receiver

4.2 Equipment details

Model:

Frequency Range:

ITU Emission Code:

Modulation:

Power Output:

4.3 Purpose for importing the equipment

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

5. REQUIRED INFORMATION AND/OR DOCUMENTATION TO BE ATTACHED TO APPLICATION

Certified copies of identification documents such as passport or national identification document
Certified copy of certificate of incorporation or a valid trade licence in the name of the applicant
Certified copy of declaration or certificate of conformity by applicant, manufacturer or supplier of telecommunications equipment including test report (both RF and EMC), issued by an accredited test laboratory
Certified copy of test report for Safety Regulations issued by an accredited test laboratory
Letter of Authorisation from the original equipment manufacturer clearly stating that you are permitted to apply for type approval in Namibia
Physical sample equipment if type approval of untested equipment is requested

Signed by _______________________________________________________________________ At _____________________________________________________________________________ In his/her capacity as ______________________________________________________________ duly authorised and warranting such authority and warranting that the information provided herein is true and correct, on the _______ day of _______________ 20 _______.

___________________________________________________________

Signature

FOR OFFICE USE ONLY

Receiving Officer

Name: …………………………………….. Date: …………………………………

Receipt Number: ……………………………………………………………………

APPROVAL STATUS

The equipment MEETS/DOES NOT MEET the Authority's requirements and is hereby GRANTED/NOT GRANTED Type Approval

Granted/Approved ☐ Rejected/Not Granted ☐ Type Approval Certificate Number: ………………

Certificate Collection Date:

………………………………………………………………………………

Collected By:………………………………………………….

Name of Issuing Officer: ……………………………………………………………………………

………………………………………………………………………………………………………

Comment(s): ………………………………………………………………………………………… ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ………………………………………………………………………………………………………

FORM 2

COMMUNICATION REGULATORY AUTHORITY OF NAMIBIA APPLICATION FOR RENEWAL OF TYPE APPROVAL CERTIFICATE Regulation 11(1)

In terms of Regulation 11(1) of the Regulations in respect of Telecommunications Equipment Requiring Type Approval any person or entity that intends to connect telecommunications equipment to an electronic network in Namibia for purposes of electronic communications or intends to use, sell or offer for sale telecommunications equipment in Namibia is required to complete this renewal for type approval prior to the expiry of a type approval certificate issued by the Authority.

After completing the form, sign it and submit it to the Authority as required by regulation 11 along with the relevant application fee or proof that the application fee has been paid into the bank account of Authority, with the following particulars:

Account name:

Communications Regulatory Authority of Namibia

Account Number:

8002848071

Account type:

Cheque Account

Branch:

Capricorn

Branch code:

486 372

Swift code:

BWLINANX

Reference:

Applicant name / Customer number / Invoice number.

1. DETAILS OF TYPE APPROVAL CERTIFICATE HOLDER

Name of Original Equipment Manufacturer

Postal Address:

Physical Address:

Contact Person:

Email Address:

Telephone No:

Website:

2. TYPE APPROVAL CERTIFICATE

Type Approval Certificate Number

Date of Issuance

Brand Name

Model Number

3. DETAILS OF ANY PERSON ACTING AS REPRESENTATIVE OF ORIGINAL EQUIPMENT MANUFACTURER

(Letter of authorisation from original equipment manufacturer must be attached to application)

Name of Agent/Representative

Postal Address:

Physical Address:

Contact Person:

Email Address:

Telephone No:

Website:

Person/Entity to bear cost (Tick one box)

• ☐Manufacturer ☐Representative

Email Address (for the selected)

Telephone number (for the selected)

4. ORIGINAL EQUIPMENT DETAILS

• 4.1 Please indicate the appropriate equipment category -

Category	Tick Here	Example of Equipment (Non Exhaustive)
Call Monitoring Equipment		Call Metering Unit
Call Monitoring Equipment		Call Monitoring Unit
Call Monitoring Equipment		Call Barring Unit
Call Monitoring Equipment		Call Recording Unit
Call Monitoring Equipment		Subscriber Private Meter
Data Equipment		Modem
Data Equipment		Packet Assembler/Disassembler (PAD)
Data Equipment		Multiplexer (MUX)
Access Transmission and Network Equipment		All type of operator telecommunication and radio communications equipment (Switching Equipment's, Base Station Controller, Base Stations, Microwave Transmitter, Base Station Transmitter,WiMAX terminal Cell Extender, Cellular Repeater Operating in IMT bands etc.)
IoT Network Equipment		Sigfox Lora, Zigbee, Radar, Wireless Smart Utility Network (Wi-SUN) Equipment, IoT Gateways and Base Stations

Wireless Access Equipment	Point to Point / Point to Multipoint Access Devices Wireless Routers
Remotely Piloted Aircraft (RPA)	Drone Remote Controller
Aeronautical Equipment	Aeronautical Base Station Equipment, Aeronautical transceiver installed on board aircrafts
Maritime Equipment	Maritime Base Station equipment Maritime transceiver installed on ships.
Radio Communications Equipment	High Frequency (HF) Very High Frequency (VHF)
Radio Communications Equipment	Ultra-High Frequency (UHF)
Radio Communications Equipment	Radio Alarm Transmitter
Radio Communications Equipment	Ultra-Wideband (UWB) sensors and radars (such as ground probing radar)
Radio Communications Equipment	Automatic Identification System (AIS)
Radio Communications Equipment	Search and Rescue Transponder (SART)
Radio Communications Equipment	Emergency Position Indicating Radio Beacon (EPIRB)
Radio Communications Equipment	Citizen Band Radio
Radio Communications Equipment	Amateur Radio
Satellite Equipment	Satellite Phone
Satellite Equipment	Earth Station Terminal
Satellite Equipment	Very Small Aperture Terminal (VSAT),
Short Range Devices/ Low Power terminals	Closed circuit television (CCTV)
Short Range Devices/ Low Power terminals	Industrial control devices
Short Range Devices/ Low Power terminals	Road Transport telematics
Short Range Devices/ Low Power terminals	Telemetry
Telephone Terminal Equipment	Global System for Mobile (GSM) phone
Telephone Terminal Equipment	Cordless phones: GSM/LTE/NR
IMT Terminal (other than mobile phones)	Dongles/trackers/Tablets/POS and routers with GSM/LTE/NR
VOIP network equipment	Voice Over Internet protocol (VOIP) gateway
VOIP network equipment	IP terminal
Broadcasting equipment	DTT Set - Top Box Receiver

5. REQUIRED INFORMATION AND/OR DOCUMENTATION TO BE ATTACHED TO RENEWAL FORM

Certified copies of identification documents such as passport or national identification document
Certified copy of certificate of incorporation or a valid trade licence in the name of the type approval certificate holder
Certified copy of type approval certificate previously issued by the Authority
Confirmation letter from the manufacture that the product is still under support

Letter of Authorisation from the original equipment manufacturer clearly stating that you are permitted to apply for type approval in Namibia

NB: Any submitted document not in English must be accompanied by a certified (by Notary Public) as a true English translation.

Signed by _______________________________________________________________________ At _____________________________________________________________________________ _______________________________________________________________________________ In his/her capacity as ______________________________________________________________ duly authorised and warranting such authority and warranting that the information provided herein is true and correct, on the _______ day of _______________ 20 _______.

___________________________________________________________

Signature

FOR OFFICE USE ONLY

Receiving Officer

Name: …………………………………….. Date: …………………………………

Receipt Number: ……………………………………………………………………

APPROVAL STATUS

The equipment MEETS/DOES NOT MEET the Authority's requirements and is hereby GRANTED/NOT GRANTED Type Approval

Granted/Approved ☐ Rejected/Not Granted ☐ Type Approval Certificate Number: ………………

Certificate Collection Date:

………………………………………………………………………………

Collected By: ………………………………………………….……………

Name of Issuing Officer: ……………………………………………………………………………

………………………………………………………………………………………………………

Comment(s): ………………………………………………………………………………………… ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ………………………………………………………………………………………………………

FORM 3

COMMUNICATION REGULATORY AUTHORITY OF NAMIBIA APPLICATION FOR TEMPORARY IMPORT OF TELECOMMUNICATION EQUIPMENT Regulation 12(2)

In terms of Regulation 12(2) of the Regulations in respect of Telecommunications Equipment Requiring Type Approval a person may apply for the temporary import of telecommunication equipment.

1. PPLICANT

Name of Applicant
Postal Address:
Physical Address:
Contact Person:
Email Address:
Telephone No:
Website:

2. EQUIPMENT DETAILS

Please indicate the appropriate equipment category -

Category	Tick Here	Example of Equipment (Non Exhaustive)
Call Monitoring Equipment		Call Metering Unit
Call Monitoring Equipment		Call Monitoring Unit
Call Monitoring Equipment		Call Barring Unit
Call Monitoring Equipment		Call Recording Unit
Call Monitoring Equipment		Subscriber Private Meter
Data Equipment		Modem
Data Equipment		Packet Assembler/Disassembler (PAD)
Data Equipment		Multiplexer (MUX)
Access Transmission and Network Equipment		All type of operator telecommunication and radio communications equipment (Switching Equipment's, Base Station Controller, Base Stations, Microwave Transmitter, Base Station Transmitter, WiMAX terminal Cell Extender, Cellular Repeater Operating in IMT bands etc.)
IoT Network Equipment		Sigfox Lora, Zigbee, Radar, Wireless Smart Utility Network (Wi-SUN) Equipment, IoT Gateways and Base Stations
Wireless Access Equipment		Point to Point / Point to Multipoint Access Devices Wireless Routers

Remotely Piloted Aircraft (RPA)	Drone Remote Controller
Aeronautical Equipment	Aeronautical Base Station Equipment, Aeronautical transceiver installed on board aircrafts
Maritime Equipment	Maritime Base Station equipment Maritime transceiver installed on ships
Radio Communications Equipment	High Frequency (HF)
Radio Communications Equipment	Very High Frequency (VHF)
Radio Communications Equipment	Ultra-High Frequency (UHF)
Radio Communications Equipment	Radio Alarm Transmitter
Radio Communications Equipment	Ultra-Wideband (UWB) sensors and radars (such as ground probing radar)
Radio Communications Equipment	Automatic Identification System (AIS)
Radio Communications Equipment	Search and Rescue Transponder (SART)
Radio Communications Equipment	Emergency Position Indicating Radio Beacon (EPIRB)
Radio Communications Equipment	Citizen Band Radio
Radio Communications Equipment	Amateur Radio
Satellite Equipment	Satellite Phone
Satellite Equipment	Earth Station Terminal
Satellite Equipment	Very Small Aperture Terminal (VSAT),
Short Range Devices/ Low Power terminals	Closed circuit television (CCTV)
Short Range Devices/ Low Power terminals	Industrial control devices
Short Range Devices/ Low Power terminals	Road Transport telematics
Short Range Devices/ Low Power terminals	Telemetry
Telephone Terminal Equipment	Global System for Mobile (GSM) phone
Telephone Terminal Equipment	Cordless Phones POS with GSM/LTE/NR
IMT Terminal (other than mobile phones)	Dongles/trackers/Tablets/POS and routers with GSM/LTE/NR
VOIP network equipment	Voice Over Internet protocol (VOIP) gateway
VOIP network equipment	IP terminal
Broadcasting equipment	DTT Set - Top Box Receiver

3. REQUIRED INFORMATION AND DOCUMENTATION TO BE ATTACHED TO APPLICATION

Certified copies of identification documents such as passport or national identification document
Certified copy of certificate of incorporation or a valid trade licence in the name of the applicant
Letter from applicant clearly stating the purpose of entry, date of arrival and the date equipment are to return to the country of origin

Signed by _______________________________________________________________________ At _____________________________________________________________________________ _______________________________________________________________________________ In his/her capacity as ______________________________________________________________ duly authorised and warranting such authority and warranting that the information provided herein is true and correct, on the _______ day of _______________ 20 _______.

___________________________________________________________

Signature

FOR OFFICE USE ONLY

Receiving Officer

Name: …………………………………….. Date: …………………………………

Receipt Number: ……………………………………………………………………

APPROVAL STATUS

The equipment MEETS/DOES NOT MEET the Authority's requirements and is hereby GRANTED/NOT GRANTED Type Approval

• Granted/Approved ☐ Rejected/Not Granted ☐ Type Approval Certificate Number: ………………

Certificate Collection Date:

………………………………………………………………………………

Collected By: ………………………………………………….……………

Name of Issuing Officer: ……………………………………………………………………………

………………………………………………………………………………………………………

Comment(s): ………………………………………………………………………………………… ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ………………………………………………………………………………………………………

FORM 4

COMMUNICATION REGULATORY AUTHORITY OF NAMIBIA APPLICATION IN RESPECT OF TELECOMMUNICATIONS EQUIPMENT PREVIOUSLY TYPE APPROVED Regulation 13(2)(a)

In terms of Regulation 13(2) of the Regulations in respect of Telecommunications Equipment Requiring Type Approval, subsequent users of equipment that appears on the Authority's type approval register may apply for a certificate to use, connect, sell or offer to sell equipment already type approved in accordance with the simplified certification process.

After completing the form, sign it and submit it to the Authority as required by Regulation 13, along with the relevant application fee or proof that the application fee has been paid into the bank account of Authority, with the following particulars:

Account name:

Communications Regulatory Authority of Namibia

Account Number:

8002848071

Account type:

Cheque Account

Branch:

Capricorn

Branch code:

486 372

Swift code:

BWLINANX

Reference:

Applicant name / Customer number / Invoice number

1. APPLICANT

Name of Applicant
Postal Address:
Physical Address:
Contact Person:
Email Address:
Telephone No:
Website:

2. EQUIPMENT DETAILS

Please indicate the appropriate equipment category -

Category	Tick Here	Example of Equipment (Non Exhaustive)
Call Monitoring Equipment		Call Metering Unit
Call Monitoring Equipment		Call Monitoring Unit
Call Monitoring Equipment		Call Barring Unit
Call Monitoring Equipment		Call Recording Unit
Call Monitoring Equipment		Subscriber Private Meter
Data Equipment		Modem
Data Equipment		Packet Assembler/Disassembler (PAD)
Data Equipment		Multiplexer (MUX)
Access Transmission and Network Equipment		All type of operator telecommunication and radio communications equipment (Switching Equipment's, Base Station Controller, Base Stations, Microwave Transmitter, Base Station Transmitter, WiMAX terminal Cell Extender, Cellular Repeater Operating in IMT bands etc.)
IoT Network Equipment		Sigfox Lora, Zigbee, Radar, Wireless Smart Utility Network (Wi-SUN) Equipment, IoT Gateways and Base Stations
Wireless Access Equipment		Point to Point / Point to Multipoint Access Devices Wireless Routers
Remotely Piloted Aircraft (RPA)		Drone Remote Controller
Aeronautical Equipment		Aeronautical Base Station Equipment, Aeronautical transceiver installed on board aircrafts
Maritime Equipment		Maritime Base Station equipment Maritime transceiver installed on ships.
Radio Communications		High Frequency (HF)
Equipment		Very High Frequency (VHF)
Equipment		Ultra-High Frequency (UHF)
Equipment		Radio Alarm Transmitter
Equipment		Ultra-Wideband (UWB) sensors and radars (such as ground probing radar)
Equipment		Automatic Identification System (AIS)
Equipment		Search and Rescue Transponder (SART)
Equipment		Emergency Position Indicating Radio Beacon (EPIRB)
Equipment		Citizen Band Radio
Equipment		Amateur Radio
Satellite Equipment		Satellite Phone
Satellite Equipment		Earth Station Terminal
Satellite Equipment		Very Small Aperture Terminal (VSAT),

Short Range Devices/	Closed circuit television (CCTV)
Low Power terminals	Industrial control devices
	Road Transport telematics
	Telemetry
Telephone Terminal Equipment	Global System for Mobile (GSM) phone
	Cordless phones
IMT Terminal (other than mobile phones)	Dongles/trackers/Tablets/POS and routers with GSM/LTE/NR
VOIP network equipment	El interface card
	Voice Over Internet protocol (VOIP) gateway
	IP terminal
Broadcasting equipment	DTT Set - Top Box Receiver

3. DETAILS OF TELECOMMUNICATIONS EQUIPMENT ALREADY TYPE APPROVED

Type Approval Certificate Number

Date of Issuance

Brand Name

Model Number

4. REQUIRED INFORMATION AND DOCUMENTATION TO BE ATTACHED TO APPLICATION

• Certified copies of identification documents such as passport or national identification document

• Certified copy of certificate of incorporation or a valid trade licence in the name of the

applicant

Signed by _______________________________________________________________________ At _____________________________________________________________________________

_______________________________________________________________________________ In his/her capacity as ______________________________________________________________ duly authorised and warranting such authority and warranting that the information provided herein is true and correct, on the _______ day of _______________ 20 _______.

___________________________________________________________

Signature

FOR OFFICE USE ONLY

Receiving Officer

Name: …………………………………….. Date: …………………………………

Receipt Number: ……………………………………………………………………

APPROVAL STATUS

The equipment MEETS/DOES NOT MEET the Authority's requirements and is hereby GRANTED/NOT GRANTED Type Approval

• Granted/Approved ☐ Rejected/Not Granted ☐ Type Approval Certificate Number: ………………

Certificate Collection Date:

………………………………………………………………………………

Collected By: ………………………………………………….……………

Name of Issuing Officer: ……………………………………………………………………………

………………………………………………………………………………………………………

Comment(s): …………………………………………………………………………………………

………………………………………………………………………………………………………

………………………………………………………………………………………………………

………………………………………………………………………………………………………

………………………………………………………………………………………………………

………………………………………………………………………………………………………

………………………………………………………………………………………………………

FORM 5

COMMUNICATION REGULATORY AUTHORITY OF NAMIBIA RECONSIDERATION FORM

Regulation 25

In terms of Regulation 25 of the Regulations in respect of Telecommunications Equipment Requiring Type Approval, applications for reconsideration must be submitted on this form within thirty (30) days from date of receipt of the Authority's decision.

A. APPLICANT

APPLICANT: ____________________________________________________________________

Physical Address ________________________________________________________________

Postal Address: __________________________________________________________________

Telephone number(s): _____________________________________________________________

Electronic mail address(es): ________________________________________________________

B. CONTACT PERSON (IF DIFFERENT FROM APPLICANT)

Contact Person: _________________________________________________________________

Physical Address: _________________________________________________________________

Postal Address: __________________________________________________________________

Telephone number(s): _____________________________________________________________

Electronic mail address(es): ________________________________________________________

C. RESPONDENT

Respondent: _____________________________________________________________________

Contact Person: __________________________________________________________________

Physical Address: _________________________________________________________________

Postal Address: __________________________________________________________________

Telephone number(s): _____________________________________________________________

Electronic mail address(es): ________________________________________________________

D. SUMMARY OF GROUNDS FOR RECONSIDERATION

Provide an accurate and concise statement of the grounds illustrating why the Authority should reconsider its decision.

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

E. RELIEF SOUGHT

Provide a clear and concise statement of the specific relief or remedy sought.

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

F. LIST OF DOCUMENTS SUPPORTING REQUEST FOR RECONSIDERATION

Provide a detailed list of the documents you wish to use in support of your request for reconsideration. Please further ensure that the listed documents are attached to this form.

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

G. ANY OTHER INFORMATION

Provide any other relevant information.

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

Signed by _____________________________ at __________________________ in his/her/its capacity as _____________________________, duly authorised and warranting such authority and warranting that the information provided herein is true and correct, on the ______________ day of ____________________ , 20_____. ___________________________________________________________ Signature

ACKNOWLEDGEMENT OF RECEIPT BY CRAN:

Name:

Date:

Place:

Signature:

ANNEXURE B

COMMUNICATION REGULATORY AUTHORITY OF NAMIBIA TELECOMMUNICATIONS EQUIPMENT EXEMPTED FROM TYPE APPROVAL

Regulation 16

EQUIPMENT CATEGORY	TYPICAL EQUIPMENT / APPLICATIONS (NON-EXHAUSTIVE)	SPECIFIED TECHNOLGIES	OPERATING FREQUENCY BAND (NON - EXHAUSTIVE)
Broadcasting Receivers:	Smart TV, Wireless TV Box	Receiver-Only (With short range radio technology such as WIFI, Bluetooth and LAN Card/ Adapter, with build-in digital set-Top box)	2400 - 2483.5 MHz 5150-5350 MHz, 5470-5725 MHz, 5725-5875 MHz
Wireless PC Peripheral	Wireless Mouse, Wireless Keyboards, Scanners, Projectors and Printers, Fax Machines etc.	With or without short range radio technology such as WIFI, Bluetooth	2400 - 2483.5 MHz 5150-5350 MHz, 5470-5725 MHz, 5725-5875 MHz
IT Networking Equipment	Servers, Switches, Routers, Firewalls, Modem, PABX, Programmable logic Controllers (PLC)	Connects to any Network via a LAN Card/Adapter	None
IT Networking Equipment	LAN card modules	Wired and wireless LAN Module/adapter	2400 - 2483.5 MHz 5150-5350 MHz5470-5725 MHz, 5725-5875 MHz
NFC tag/card readers		With Maximum radiated power limit of 10Mw ERP	13.56 MHz
Toys	Remote Controlled Toys and miscellaneous devices, except remotely piloted aircrafts	With short range radio technology such as, Bluetooth etc,	2400 - 2483.5 MHz 5150-5350 MHz, 5470-5725 MHz, 5725-5875 MHz 13.56 MHz
SRD for Medical Applications	Active Medical Implants and associated peripherals	With short range radio technology with Maximum radiated power limit of 25µW ERP
Antennas	Passive	Metal rods, parabolic Dishes
SRD for Tracking, Tracing and Data Acquisition	GPS Receivers, GPS Tracker, Sensors (temperature, humidity, etc), IoT Sensors	With receiving or, transmitting capability	456.9 - 457.1 kHz z 865 - 868 MHz

SRD for Inductive Applications	Wireless chargers	With short range radio technology	8.3 - 9 kHz 9 - 90 kHz 90 - 119 kHz 119 - 135 kHz 135 - 140 kHz 140 - 148.5 kHz
RFID readers	Scanners Metal detectors	With short range radio technology
Wireless Audio / Multimedia Equipment	Wireless Microphones Wireless Microphones and assistive listening devices, Headphones, Infotainment and Video Conferencing.	Short range radio technology, with Maximum radiated power limit of 10mW e.r.p Short range radio technology, with Maximum radiated power limit of 2mWe.r.p	863 - 865M
SRD for Alarms	Alarm Systems and Associated Accessories	Short range radio technology, with Maximum radiated power limit of 10mW	869.2 - 869.25 MHz 869.3 - 869.4 MHz 868.6 - 868.7 MHz 869.65 - 869.7 MHz
Office Telephone Equipment	CT2 cordless telephones CTO cordless phones/ DECTTerminals	Short range radio technology, with Maximum radiated power limit of 10mW e.r.p Short range radio technology, with Maximum radiated power limit of 10mW	864.1 - 868.1 MHz 47. - 50. MHz
Computer Equipment	Laptop / Personal Computer, Tablet, Personal or Enterprise Digital Assistant	Tablets without GSM/LTE/NR Laptops without GSM/LTE/NR	None
Wearables fitted with radio module operating in ISM bands	Smart band, Smart Helmets and Smart Watch etc.	With or without short range radio technology such as WIFI, Bluetooth	2400 - 2483.5 MHz 5150-5350 MHz, 5470-5725 MHz, 5725-5875 MHz
SRD for Home Automation	Smart Switches, Light Controllers, Gate Controllers and Smart Bulbs etc.	None	None
Wireless Digital Camera	Portable Image/ Video Camera/ Web cams.	None	2400 - 2483.5 MHz 5150-5350 MHz, 5470-5725 MHz, 5725-5875 MHz

SRD for Transport and Traffic Telematics (TTT)	Automobile Sensors, Keyless Entry, Passive Entry, etc.	None	None
SRD for Road Transport and Traffic Telematics (RTTT) for Vehicle Radar	Vehicle Radars etc.	With short range radio technology	24.00 - 24.25 GHz 76-77 GHz
SRD for Radio Frequency Identifications Applications	Clocking Systems, Smart Tags, Access Control Equipment etc.	With short range radio technology with Maximum radiated power limit of 100mW, 2 Wand 500mW	865.0 -865.6 MHz 865.6 -867.6 MHz 867.6 -865.0 MHz
Point of Sale Terminal	Point of Sale Terminals systems, including Barcode Readers etc. without GSM/LTE/NR.	None	None

ANNEXURE C

COMMUNICATION REGULATORY AUTHORITY OF NAMIBIA FEES Regulation 19

EQUIPMENTCATEGORY	FEES (N$)
Call Monitoring Equipment	275
Data Equipment	550
Access Transmission and Network Equipment	2,740
IoT Network Equipment	550
Outdoor Wireless Access Equipment	550
Remote Piloted Aircraft (RPA)	750
Aeronautical Equipment	750
Maritime Equipment	750
Radio Communications Equipment	550
Satellite Equipment	550
Short Range Devices or Low power terminals	550
Telephone Terminal Equipment	550
IMT Terminal (Other than Mobile Phones)	550
Broadcasting Equipment	550
VOIP network equipment	2500

________________