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Gazette 5313

ORIGINAL PDF

GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA

N$6.40

WINDHOEK - 14 October 2013

No. 5313

CONTENTS

Page

GENERAL NOTICE

No. 406 Communications Regulatory Authority of Namibia: Notice of intention to Make Regulations Regarding Minimum Quality of Service Standards Applicable to Service Licences: Communications Act, 2009


General Notice

COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA

No. 406

NOTICE OF INTENTION TO MAKE REGULATIONS REGARDING MINIMUM QUALITY OF SERVICE STANDARDS APPLICABLE TO SERVICE LICENCES: COMMUNICATIONS ACT, 2009

The Communications Regulatory Authority of Namibia, in terms of the regulation 4(3) of the Regulations Regarding Rule-Making Procedure published in General Notice No. 334 of 17 December 2010 -

The public may make oral submissions on the proposed regulations to the Authority, at a time, date and place notified by the Authority.

The public may also make written submissions to the Authority within thirty (30) days from the date of publication of this notice in the Gazette, in the manner set out below for making of written submissions.

Written replies to written submission may be submitted to the Authority within fourteen (14) days from the date of notification of written comments by the Authority.

All written submissions must -

All written submission must send or given in any of the following manner:

L. JACOBS
CHAIRPERSON - BOARD OF DIRECTORS
COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA

SCHEDULE 1

REGULATIONS REGARDING MINIMUM QUALITY OF SERVICE STANDARDS APPLICABLE TO SERVICE LICENCES: COMMUNICATIONS ACT, 2009

The Communications Regulatory Authority of Namibia, in terms of section 129 of the Communications Act, 2009 (Act No. 8 of 2009), intends to make Regulations Regarding Minimum Quality of Service Standards Applicable to Service Licences: Communications Act, 2009.

1. Definitions

In these regulations, any word or expression to which a meaning is assigned in the Act, shall have the same meaning and -

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

‘Authority’ means the Communications Regulatory Authority of Namibia;

‘Busy time’ means a set of the same three (3) hours in each of the same days in the reporting period, during which the highest average traffic for a service is measured or expected;

‘Elapsed day’ means a twenty-four (24) hour time period;

‘Fault’ means the failure of a service to the extent that the service or some aspects of the service is unavailable;

‘Licensees’ means licensees issued with licences in terms of regulation 5(1) (a) & (b)(i)(ii)(iii) of the Regulations Setting Out Broadcasting and Telecommunications Service Licence Categories, as published in Government Gazette 4714, Notice No 124, dated 18 May 2011, as amended in Government Gazette 5148, Notice 74, dated 13 March 2013;

‘Log-in’ means multi-step process including, both authentication and authorization, as well as other system start-up tasks in order to provide a user with access to services and/or resources

‘Packet loss’ means the failure of one or more transmitted packets to reach their final destination;

‘Reporting period’ means the period of one (1) month starting from the 1 st day of every applicable calendar month to the last day of the month for measurements to be submitted by the licensee or a specified time period as determined by the Authority to conduct quality of service measurements;

‘Reporting area’ means the geographical area as determined by the Authority from time to time within which quality of service standards are measured;

‘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;

‘Telecommunications services’ means services whose provision consists wholly or partly in the transmission or routing of information on telecommunications networks by means of telecommunications processes but does not include broadcast services;

‘Service coverage’ means the state of indoor and outdoor radio access within the network coverage area of the licensee;

‘SMS’ means Short Message Service; and

‘Quality of Service data’ means all data accumulated by the Authority pertaining to the measurement of quality of service standards.

2. Submission of documents to the Authority

  1. ii) by post to the head offices of the Authority, namely Private Bag 13309, Windhoek 9000;
  2. iii) by electronic mail to the following address: legal@cran.na
  3. iv) by facsimile to the following facsimile number: +264 61 222790; or

3. Applicability

4. Minimum Quality of Service Standards

Licensees must maintain the minimum quality of service standards in accordance with the requirements contained in Appendix A to these regulations.

5. Reporting Requirements

6. Condonation

7. Failure to submit information

8. Regulatory offences

L.N. JACOBS CHAIR PERSON - BOARD OF DIRECTORS COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA

APPENDIX A: MINIMUM QUALITY OF SERVICE STANDARDS

1. SERVICE QUALITY

ServiceDefinitionParameterMeasurementApplicability
Supply time for fixed line initial connectionThe duration (elapsed days) from the instant a valid service request has been received to the instant a working service is made available for use95% of service requests to be completed within 5 elapsed days and 100% of service requests to be completed within 7 elapsed daysInclude the following scenarios- • Anew connection • An existing connection taken over by another customer • An additional connection provided to a customer who already has an existing service, including any upgrades in service Avalid service request may be made in writing. Where a licensee and a customer agree that a service request for multiple connections or at various sites will be completed in stages, each agreed delivery time counts as a separate service request for measurement purposesIndividual licensees Class Comprehensive ECS/ECNS licensees Class ECNS licensees
Supply time for internet accessThe duration (elapsed days) from the instant a valid service request has been received to the instant a working service is made available for use95% of service requests to be completed within 5 elapsed days 100% of service requests to be completed within 7 elapsed daysInclude the following scenarios- • Anew connection • An existing connection taken over by another customer • An additional connection provided to a customer who already has an existing service, including any upgrades in service Avalid service request may be made verbally or in writing. Where a licensee and a customer agree that a service request for multiple connections or at various sites will be completed in stages, each agreed delivery time counts as a separate service request for measurement purposesIndividual licensees Class Comprehensive ECS/ECNS licensees Class ECS licensees Class ECNS licensees
Supply time for initial mobile services connection (postpaid/ prepaid)The duration (elapsed days) from the instant a valid service request has been received to the instant a working service is made available for use95% of service requests to be completed within 5 elapsed days 100% of service requests to be completed within 7 elapsed daysInclude the following scenarios- • Anew connection • An existing connection taken over by another customer • An additional connection provided to a customer who already has an existing service, including any upgrades in service Avalid service request may be in writing. Where a licensee and customer agree that an order for multiple connections each agreed delivery time counts as a separate service request for measurement purposesIndividual licensees Class Comprehensive ECS/ECNS licensees Class ECS Licensees
Supply time for subscription based television service connectionThe duration (elapsed days) from the instant a valid service request has been received to the instant a working service is made available for use95% of service requests to be completed within 5 elapsed days 100% of service requests to be completed within 7 elapsed daysInclude the following scenarios- • Anew connection • An existing connection taken over by another customer • An additional connection provided to a customer who already has an existing service, including any upgrades in service Avalid service request may be in writing. Where a licensee and customer agree that an order for multiple connections each agreed delivery time counts as a separate service request for measurement purposesCommercial Broadcasting licensees Public Broadcasting licensees
Fault Repair TimeThe time (elapsed hours) by which valid faults on networks are repaired90% of faults to be repaired within 24 elapsed hours from time reported 100% of faults to be repaired within 48 elapsed hours from time reportedThe time by which valid faults on networks are repaired and the percentage of faults cleared in the time specified in any service level agreement or contract must be reported separatelyIndividual licensees Class Comprehensive ECS/ECNS licensees Class ECNS licensees Signal Distribution licensees Class Comprehensive Multiplex and Signal Distribution licensees Commercial Broadcasting licensees Public Broadcasting licensee Community Broadcasting licensee
Proportion of problems with number portability proceduresNumber of requests with a deviation from the normal porting procedure divided by the total number of requests for number portabilityNumber of requests with deviations from the normal porting procedures must be less than 5% of total number of requests for number portabilityAdeviation from the normal porting procedures occurs when- • All the services from the donor has to be restore temporarily whilst problems are resolved • There is a gap of more than 1 hour in either or both incoming our outgoing services • The recipient operator has to open a trouble ticket as a consequence of an event that does not permit to consider number portability completed after the time period agreed between operatorsIndividual licensees Class Comprehensive ECS/ECNS licensees Class ECS licensee

2. BILLING AND CUSTOMER SERVICE

ServiceDefinitionParameterMeasurementApplicability
Response time for administration and billing enquiriesDuration from the instant when the address information required for setting up a call is received to the instant the human operator answers the calling user to attend to the enquiry95% of calls must be answered within 20 secondsEnquiries attend to by IVR only is excluded from this measurement. Any enquiry transferred from an IVR system to a human operator to attend to the enquiry is included in the measurement The duration period in the definition includes waiting time because attendants are busy. Time duration handle the enquiry itself is excluded from the measurement. The parameter is applicable to all administration and billing enquiries made to a call centre by a customer via fixed, mobile, direct and/or indirect servicesIndividual licensees Class Comprehensive ECS/ECNS licensees Class ECS licensees
Customer/ Licensee Complaints Resolution TimeThe time period taken to resolve a customer complaint from the instant the customer complaint is notified to the published point of contact to the instant the cause for the complaint has been resolved90% of customer complaints must be resolved within 24 elapsed hoursStatistics should include all customer complaints received in the data collection period. Where more than one complaint is made by the same customer, even on the same subject, each instance must be counted separately. If a customer complains again before the existing complaint has been resolved, it must be treated as a continuation of the first unclosed complaint. When calculating the resolution time the licensee may subtract an delay introduced by the customer from the measured timeIndividual licensees Class Comprehensive ECS/ECNS licensees Class ECS licensees Class ECNS licensees Class Comprehensive Multiplex and Signal Distribution lLicencees Multiplex Licensees Signal Distribution licensees Commercial Broadcasting licensees Public Broadcasting licensee Community Broadcasting licensee
Billing CorrectnessThe proportion of bills resulting in a customer complaint relating to the accuracy of a given billLess than 2% of bills should result in customer complaintsAbill correctness complaint is an expression of dissatisfaction with the accuracy of the bill received from a customer. Statistics should include all billing complaints received in the reporting period regardless of the validity of the complaint and the dates of calls or any other form of communication that are the subject of the complaintIndividual licensees Class Comprehensive ECS/ECNS licensees Class ECS licensees

3. NETWORK QUALITY

ServiceDefinitionParameterMeasurementApplicability
Mobile / Wireless Service CoveragePercentage of test route over which a minimum signal strength of -100 dBm is achievedAminimum of -100 dBm must be achieved for 95% outdoor and 85% indoor service coverage following a predetermined test routeThe test route will be determined by the Authority depending on the network coverage provided by licensees Measurements will be taken in a reporting area within the network coverage are of the licensee from time to time as determined by the AuthorityIndividual licensees Class Comprehensive ECS/ECNS licensees Class ECNS Licensees
Unsuccessful Call RatioRatio of unsuccessful calls to a total number of call attempt in a specified time periodPercentage of unsuccessful calls must be less than 2% in busy timeAn unsuccessful call is a call attempt to a valid number within the licensees’ coverage area where neither called party busy tone, nor ringing tone, nor answer signal is received within 30 seconds from the instant when the last digit of the destination subscriber number is received. Additional measurements will be taken in a reporting area within the network coverage are of the licensee from time to time as determined by the AuthorityIndividual licensees Class Comprehensive ECS/ECNS licensees Class ECS licensees Class ECNS licensees
International Call ConnectivityThe relationship between the number of seizures that result in an answer signal and the total number of seizures (ASR) for a specific countryTheASR on a country by country basis should be more than 60%ASR to be measured on a country by country basis over time as determined by the AuthorityIndividual licensees Class Comprehensive ECS/ECNS licensees Class ECS licensees Class ECNS licensees
Dropped Call RatioThe percentage of incoming and outgoing calls which once they have been successfully established are dropped/ interrupted prior to the call being terminated by the user, the cause of the early termination being within the operator’s networkPercentage of dropped calls must be less than 3%Percentage of dropped calls, calculated from all the calls in the time period as determined by the Authority Additional measurements will be taken in a reporting area within the network coverage are of the licensee from time to time as determined by the AuthorityIndividual licensees Class Comprehensive ECS/ECNS licensees Class ECS licensees Class ECNS licensees
Successful SMS RatioProbability that a user can send a SMS successfully to a short message centre from user terminal equipment95% of SMS messages must be send successfully in busy timeStatistics to be collected by Authority and provided by the licensee within a given time period to consist the total number of originating SMS attempts and number of successfully send SMS’s Additional measurements will be taken in a reporting area within the network coverage are of the licensee from time to time as determined by the AuthorityIndividual licensees Class Comprehensive ECS/ECNS licensees Class ECS licensees Class ECNS licensees
Completion Rate for SMSThe ratio of successfully send and received SMS’s between terminal equipment of two users during busy time95% of SMS’s must be completed successfullySending and receiving from SMS’s from and to international destinations are excluded from this measurement. Statistics to be collected by Authority and provided by the licensee within a given time period to consist the total number of originating SMS attempts and number of successfully send and receive SMS’s Additional measurements will be taken in a reporting area within the network coverage are of the licensee from time to time as determined by the AuthorityIndividual licensees Class Comprehensive ECS/ECNS licensees Class ECS licensees Class ECNS licensees
Successful Internet Login ratioThe ratio of successful logins to access the Internet when both the access network and the licensees’ network are available95% of internet log-in’s by the user of data services must be successful in busy timeStatistics to be collected by Authority and provided by the licensee within a given time period to consist the total number of log-in attempts and number of successful log-ins to access the Internet This measure is applicable to all licensees providing services allowing internet access irrespective of technology. An attempt to log-in is unsuccessful, if it fails for any reason independent whether the fault is caused by the access network or the licensee Alog-in is successful if after completion of the log-in process the use is able to use a valid IP- address(dynamic or static) to use services offered via the Internet including DNS resolution allowing to exchange data via the Internet Additional measurements will be taken in a reporting area within the network coverage are of the licensee from time to time as determined by the AuthorityIndividual licensees Class Comprehensive ECS/ECNS licensees Class ECS licensees Class ECNS licensees
Packet Loss RatioRatio of packets lost to the total packets transmitted between two designated pointsPacket Loss Ratio may not be more than 3% for any class of service offeredStatistics to be collected by Authority and provided by the licensee within a given interval per class of service as determined by the Authority Additional measurements will be taken in a reporting area within the network coverage are of the licensee from time to time as determined by the AuthorityIndividual licensees Class Comprehensive ECS/ECNS licensees Class ECS licensees Class ECNS licensees
Unsuccessful data transmission ratioThe ratio of unsuccessful data transmissions to the total number of data transmission attempts in a specified time period95% of all data transmissions must be successful within a specified time periodAdata transmission is successful if a test file is transmitted completely and with no errors. The statistics should be calculated from test transmissions made according to the measurement set-up stipulated in ETSI EG 202 057-4 Additional measurements will be taken in a reporting area within the network coverage are of the licensee from time to time as determined by the AuthorityIndividual licensees Class Comprehensive ECS/ECNS licensees Class ECS licensees Class ECNS licensees
Data transmission speed achievedThe data transmission rate is achieved separately for downloading and uploading specified test files between a remote web site and user equipmentData transmission speed achieved must be at least 80% of that advertised by the licensee during busy timeThe test file shall have at least twice the size (in kb) of the theoretically maximum data transmission rate per second as advertised by the licensee for a specific service Additional measurements will be taken in a reporting area within the network coverage are of the licensee from time to time as determined by the AuthorityIndividual licensees Class Comprehensive ECS/ECNS licensees Class ECS licensees Class ECNS licensees

References

The following references are indispensable for the application of this document. For undated reference, the latest edition of the referenced document (including any amendments) applies. For dated references, only the edition cited applies.

APPENDIX B: REPORTING FORMAT

1. Supply time for fixed line initial connection

Parameter:

Month 1Month 2Month 3Month 4Month 5Month 6
Percentage of service requests completed within 5 elapsed days
Remaining percentage of service requests completed within 7 elapsed days
Total percentage of service requests completed100%100%100%100%100%100%

2. Supply time for internet access

Parameter:

(i)

95% of service requests to be completed within 5 elapsed days

100% of service requests to be completed within 7 elapsed days

Month 1Month 2Month 3Month 4Month 5Month 6
Percentage of service requests completed within 5 elapsed days
Remaining percentage of service requests completed within 7 elapsed days
Total percentage of service requests completed100%100%100%100%100%100%

3. Supply time for initial mobile service connection (postpaid/prepaid)

Parameter:

(i)

95% of service requests to be completed within 5 elapsed days

Month 1Month 2Month 3Month 4Month 5Month 6
Percentage of service requests completed within 5 elapsed days
Remaining percentage of service requests completed within 7 elapsed days
Total percentage of service requests completed100%100%100%100%100%100%

4. Supply time for subscription based television service connection

Parameter:

(ii)

100% of service requests to be completed within 7 elapsed days

Month 1Month 2Month 3Month 4Month 5Month 6
Percentage of service requests completed within 5 elapsed days
Remaining percentage of service requests completed within 7 elapsed days
Total percentage of service requests completed100%100%100%100%100%100%

5. Fault Repair Time

90% of faults to be repaired within 24 elapsed hours from time

100% of faults to be repaired within 48 elapsed hours from time

Month 1Month 2Month 3Month 4Month 5Month 6
Percentage of faults repaired within 24 elapsed hours
Remaining percentage of faults repaired within 48 elapsed hours
Total percentage of faults repaired100%100%100%100%100%100%

6. Proportion of problems with number portability procedures

Parameter:

Number of requests with deviations from the normal porting procedures must be less than 5% of the total number of requests for number portability

Month 1Month 2Month 3Month 4Month 5Month 6
Total number of number portability requests
Number of requests with deviations from normal porting procedures
Percentage of requests with deviations from the normal porting procedures vs total number of number portability requests

7. Response time for administration and billing enquiries

Parameter:

95% of calls must be answered within 20 seconds

Month 1Month 2Month 3Month 4Month 5Month 6
Total number of calls related to administration and billing enquiries
Total number of calls answered within 20 seconds
Percentage of calls answered within 20 seconds vs total number of calls received

8. Customer complaints resolution time

Parameter:

90% of customer complaints must be resolved within 24 elapsed hours

Month 1Month 2Month 3Month 4Month 5Month 6
Total number of customer complaints received
Number of customer complaints resolved within 24 elapsed hours
Percentage of customer complaints resolved vs total number of customer complaints

9. Billing correctness

Parameter:

Less than 2% of bills should result in customer complaints

Month 1Month 2Month 3Month 4Month 5Month 6
Total number of bills issued to customers
Number of bills resulting in customer complaints
Percentage of bills resulting in customer complaints vs total number of bills issued

10. Service Coverage

Parameter:

A minimum of -100 dBm must be achieved for 95% outdoor and 85% indoor service coverage following a predetermined test route

Note: Measurement will be done by the Authority after which the Authority may request more information or clarification from the licensee in terms of section 5 of the regulations.

11. Unsuccessful Call Ratio

Parameter:

Percentage of unsuccessful calls must be less than 2% in busy time

Note: Additional measurements will be done by the Authority after which the Authority may request more information or clarification from the licensee in terms of section 5 of the regulations.

Month 1Month 2Month 3Month 4Month 5Month 6
Hours defined as busy time for calls
Percentage of successful calls during busy time
Percentage of unsuccessful calls during busy time

12. International Call Connectivity

Parameter:

The ASR on a country-by-country basis should be more than 60%

Destination CountryMonth 1Month 2Month 3Month 4Month 5Month 6
List of countries in alphabetical order

13. Dropped Call Ratio

Parameter:

Percentage of dropped calls must be less than 3% in busy time

Note: Additional measurements will be done by the Authority after which the Authority may request more information or clarification from the licensee in terms of section 5 of the regulations.

Month 1Month 2Month 3Month 4Month 5Month 6
Hours defined as busy time for calls
Percentage of dropped calls during busy time

14. Successful SMS ratio

Parameter:

95% of SMS messages must be send successfully in busy time

Note: Additional measurements will be done by the Authority after which the Authority may request more information or clarification from the licensee in terms of section 5 of the regulations.

Month 1Month 2Month 3Month 4Month 5Month 6
Hours defined as busy time for calls
Number of originating SMS attempts
Number of successfully send SMS’s
Percentage of successfully send SMS’s

15. Completion Rate for SMS

Parameter:

95% of SMS messages must be completed successfully during busy time

Note: Additional measurements will be done by the Authority after which the Authority may request more information or clarification from the licensee in terms of section 5 of the regulations.

Month 1Month 2Month 3Month 4Month 5Month 6
Hours defined as busy time for calls
Number of originating SMS attempts
Number of successfully send and received SMS’s
Percentage of successfully completed SMS’s

16. Successful internet log-in ratio

Parameter:

95% of internet log-in’s by the user of data services must be successful during busy time

Note: Additional measurements will be done by the Authority after which the Authority may request more information or clarification from the licensee in terms of section 5 of the regulations.

Month 1Month 2Month 3Month 4Month 5Month 6
Hours defined as busy time for calls
Number of log-in attempts
Number of successful log-in’s
Percentage of successful log-in’s

17. Packet loss ratio

Parameter:

Packet loss ratio may not be more than 3% for any class of service offered

Note: Additional measurements will be done by the Authority after which the Authority may request more information or clarification from the licensee in terms of section 5 of the regulations.

Destination CountryMonth 1Month 2Month 3Month 4Month 5Month 6
List of class of services offered by licensee

18. Unsuccessful data transmission

Parameter:

95% of all data transmissions must be successful within a specified time period

Note: Additional measurements will be done by the Authority after which the Authority may request more information or clarification from the licensee in terms of section 5 of the regulations.

Month 1Month 2Month 3Month 4Month 5Month 6
Number of test data transmissions
Number of successful data transmissions
Percentage of successful data transmissions

19. Data transmission speed achieved

Parameter:

Data transmission speed achieved must be at least 80% of that advertised by the Licensee, during busy time

Note: Additional measurements will be done by the Authority after which the Authority may request more information or clarification from the licensee in terms of section 5 of the regulations.

Month 1Month 2Month 3Month 4Month 5Month 6
Hours defined as busy time for data
Data speed advertised to be listed for each product or class of service offered by the licensee
Data speed achieved to be listed for each product or lass of service offered by licensee

SCHEDULE 2

PURPOSE OF THE PROPOSED REGULATIONS REGARDING MINIMUM QUALITY OF SERVICE STANDARDS APPLICABLE TO SERVICE LICENCES: COMMUNICATIONS ACT, 2009

The proposed regulations set out the quality of service standards that are applicable to Individual (Comprehensive telecommunications service licence (ECNS and ECS), Class ECS, ECNS and Class Comprehensive telecommunications (ECNS and ECS).), Class Comprehensive Multiplex and Signal Distribution, Multiplex and Signal Distribution Licenses. Commercial Broadcasting service licence, Community Broadcasting service licence and Public Broadcasting service licence.

The regulations also set out reporting requirements applicable to licensees and mandate a specific reporting format and the consequences for failure to comply with the quality of service standards and reporting requirements.