GOVERNMENT GAZETTE

OF THE REPUBLIC OF NAMIBIA

N$4.00 WINDHOEK - 19 June 2014 No. 5486

Page

GENERAL NOTICES

No. 160	Communications Regulatory Authority of Namibia: Notice of withdrawal of Application for Transfer of Control of Licence	1
No. 161	Communications Regulatory Authority of Namibia: Notice in terms of the Regulations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licences	2
No. 162	Communications Regulatory Authority of Namibia: Notice in terms of Regulations 6 of the Regulations Regarding Hearing published in Government Gazette 5037, Notice No. 310 Dated 13 September 2012, Communications Act No. 8 of 2009	6

General Notices

COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA

No. 160 | 2014

NOTICE OF WITHDRAWAL OF APPLICATION FOR TRANSFER OF CONTROL OF LICENCE

The Communications Regulatory Authority of Namibia, herewith gives notice that the Applicant referred to in the table below has withdrawn the following application made in terms of regulation 11 of the “Regulations regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum use Licences in Government Gazette No. 4785, Notice No. 272, dated 29 August 2011 as amended; which application was published on the 31st of January 2014, in Government Gazette No. 5402, Notice No. 13.

Licensee;	Type of service licence;	Transferor;	Transferee and Frequencies to be transferred from Transferor to Transferees as applied for;	Percentage of Stock owned by Namibian Citizens or Namibian citizens or Namibian Companies controlled by Namibian Citizens; in respect of the Transferees	Reasons for the proposed transfer;
Radio Kudu (Pty) Ltd	Spectrum Use Licence	Radio Kudu (Pty) Ltd	Omulunga Radio (Pty) Ltd Karibib - 94.6 MHz Omaruru – 94.6 MHz Henties Bay – 95.1 MHz Rosh Pinah – 103.4 MHz Katima Mulilo – 107.4 MHz	51%	Transfer of spectrum between licenses.
Radio Kudu (Pty) Ltd	Commercial Broadcasting Service Licence	Radio Kudu (Pty) Ltd	Fresh FM (Pty) Ltd Otjiwarongo - 90.9MHz Tsumeb - 92.6 MHz Rundu - 92.7 MHz Gobabis – 92.9 MHz Oranjemund – 97.3 MHz Lüderitz - 93.7 MHz Grootfontein - 95.2 MHz Keetmanshoop – 95.6 MHz Mariental - 97.3 MHz	51%	Transfer of spectrum between licences.

L.N. JACOBS CHAIR PERSON OF THE BOARD COMMUNICATIONS REGULATORY AUTHORITY

No. 161 | 2014

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

The Communications Regulatory Authority of Namibia, in terms of section 101 of the Communications Act (No. 8 of 2009) and regulations 6 and 11 of the “Regulations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licences”, published in Government Gazette No. 4785, Notice No. 272, dated 29 August 2011 as amended, herewith gives notice that the person referred to in the table below, has been awarded with a spectrum use licence effective from date of publication in the Gazette:

Parameter	Aminuis	Aranos	Aus	Bethanien	Brukaros	Epukiro	Erongo Solar	Gam	Gobabis	Khorixas	Maltahöhe	Okongo	Omuthiya	Otjibingwe	Stampriet	Ur
Licensee;	Namibian Broadcasting Corporation	Namibian Broadcasting Corporation	Namibian Broadcasting Corporation	Namibian Broadcasting Corporation	Namibian Broadcasting Corporation	Namibian Broadcasting Corporation	Namibian Broadcasting Corporation	Namibian Broadcasting Corporation	Namibian Broadcasting Corporation	Namibian Broadcasting Corporation	Namibian Broadcasting Corporation	Namibian Broadcasting Corporation	Namibian Broadcasting Corporation	Namibian Broadcasting Corporation	Namibian Broadcasting Corporation	Namibian Broadcasting Corporation
Licensee’s Citizenship or place of incorporation;	Namibia	Namibia	Namibia	Namibia	Namibia	Namibia	Namibia	Namibia	Namibia	Namibia	Namibia	Namibia	Namibia	Namibia	Namibia	Namibia
Percentage of Stock owned by Namibian Citizens or Namibian citizens or Namibian Company controlled by Namibian Citizens;	100	100	100	100	100	100	100	100	100	100	100	100	100	100	100	100
Services intended to be provided using the spectrum being applied for of (type of Service licence);	N/A¹	N/A¹	N/A¹	N/A¹	N/A¹	N/A¹	N/A¹	N/A¹	N/A¹	N/A¹	N/A¹	N/A¹	N/A¹	N/A¹	N/A¹	N/A¹
Application Fees Paid Up to Date? Yes/No;	Yes	Yes	Yes	Yes	Yes	Yes	Yes	Yes	Yes	Yes	Yes	Yes	Yes	Yes	Yes	Yes
Description of Geographic coverage area(s);	Republic of Namibia	Republic of Namibia	Republic of Namibia	Republic of Namibia	Republic of Namibia	Republic of Namibia	Republic of Namibia	Republic of Namibia	Republic of Namibia	Republic of Namibia	Republic of Namibia	Republic of Namibia	Republic of Namibia	Republic of Namibia	Republic of Namibia	Republic of Namibia
Latitude;	23 40 35.6 S	24 6 50.4 S	26 39 41.0 S	26 29 0.7 S	25 51 20.2 S	21 33 3.6 S	21 43 42.2 S	20 9 27.5 S	22 26 6.1 S	20 21 33.4 S	24 53 26.7 S	17 23 24.0 S	18 22 0.0 S	22 21 25.0 S	24 20 31.5 S	27 31 33.5 S
Longitude;	19 26 01.6 E	19 6 3.9 E	16 19 3.0 E	17 14 18.0 E	17 46 53.3 E	19 25 19.2 E	15 31 21.9 E	20 43 22.7 E	19 0 31.9 E	14 58 52.8 E	16 53 35.9 E	17 37 52.0 E	16 34 19.8 E	16 7 41.0 E	18 25 8.6 E	18 33 14.1 E
Multiplex Number;	1	1	1	1	1	1	1	1	1	1	1	1	1	1	1	1
Radio Frequencies or group of frequencies applied for;	210 MHz	626 MHz	658 MHz	202 MHz	186 MHz	178 MHz	178 MHz	186 MHz	202 MHz	202 MHz	186 MHz	178 MHz	514 MHz	498 MHz	186 MHz	194 MHz
Radio Frequencies or group of frequencies to be awarded;	210 MHz	570 MHz	658 MHz	202 MHz	186 MHz	178 MHz	178 MHz	186 MHz	650 MHz	202 MHz	586 MHz	178 MHz	514 MHz	578 MHz	186 MHz	658 MHz
TX Power (W);	1000	500	20	2000	100	1000	100	50	2000	2000	2000	2000	2000	500	1000	1000
dBW;	30	26.99	13.01	33.01	20	30	20	16.99	33.01	33.01	33.01	33.01	33.01	26.99	30	30
Antenna Peak Gain (dBd);	11.5	7.5	7.5	11.6	8	11.5	10.1	11.3	11.6	11.7	12.1	11.6	10.5	10.5	14.9	13.6
Polarization;	Vertical	Horizontal	Horizontal	Horizontal	Vertical	Horizontal	Horizontal	Vertical	Horizontal	Vertical	Horizontal	Vertical	Horizontal	Horizontal	Horizontal	Horizontal
Antenna Height (m);	119.2	91.1	81.1	216.8	67.42	219.15	38.5	216.8	218.8	140	200	218.6	182.42	92.42	217.2	75
Region;	Omaheke	Hardap	Karas	Karas	Karas	Omaheke	Erongo	Otjozondjupa	Omaheke	Kunene	Hardap	Ohangwena	Oshikoto	Erongo	Hardap	Karas

¹ The radio frequencies applied for require a broadcasting service licence. Note, however that as per section 93 of the Act, until a date determined by the minister, Chapter IV on broadcasting services is not applicable to the NBC or to any broadcasting activities carried on by the NBC

The licence is issued subject to the Communications Act, 2009 (Act No. 8 of 2009) and the Regulations Regarding Licence Conditions for Spectrum Use Licence as published in Government Gazette No. 5354, General Notice No. 469, dated 2 December 2013.

Reasons for the decision are as follows:

The Namibian Broadcasting Corporation (NBC) submitted applications for sixty two (62) spectrum use licences for digital terrestrial television services to replace existing analogue television services at various intervals dating from 25 January 2012 to 17 October 2012 in accordance with Regulations regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licences as published in Government Gazette No. 4785, General Notice No. 272 dated 29 August 2011 (as amended) (hereinafter referred to as the “Licensing Procedures Regulations”) to the Authority for consideration.

In accordance with the Policy Guidelines for Digital Terrestrial Television published in Government Gazette No. 5346, General Notice No. 316 dated, 21 November 2013, the Namibian Broadcasting Corporation has to implement a digital terrestrial television network and migrate all analogue television services to these frequencies by 17 June 2015.

All technical information related to site locations, power output and equipment to be used as required by Section G of the spectrum use licence application form has been submitted to the Authority.

The Authority awarded spectrum use licences to the Namibian Broadcasting Corporation for Phase 1 of the planned implementation of digital terrestrial television services pursuant to Government Gazette No. 5231, General Notice No. 234 dated 24 June 2013.

The Authority requested the Namibian Broadcasting Corporation in writing to submit the list of sites to be implemented for Phase 2 of the planned implementation of digital terrestrial television services on 14 October 2013 to allow for timely completion of the licensing process. The Namibian Broadcasting Corporation responded to the request on 17 February 2014, providing a list of 16 sites for implementation until January 2015. It was further requested to assign VHF frequencies to 3 sites namely Aranos, Gobabis and Maltahöhe in lieu of the UHF frequencies contained in the Regulations Setting Out the Frequency Channeling Plan for Digital Terrestrial Television as published in Government Gazette No. 5201, General Notice No. 166 dated 29 May 2013. The envisaged lists of Phase 2 sites to be implemented and initial frequencies applied for is listed hereunder -

Aminuis 210 MHz
Aranos 626 MHz
Aus 658 MHz
Bethanien 202 MHz
Brukaros 186 MHz
Epukiro 178 MHz
Erongo Solar 178 MHz
Gam 186 MHz
Gobabis 202 MHz
Khorixas 202 MHz
Maltahöhe 186 MHz
Okongo 178 MHz
Omuthiya 514 MHz
Otjibingwe 498 MHz
Stampriet 186 MHz
Ur 194 MHz

Following due process in terms of Regulations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licences, the Authority published a notice in the Government Gazette No. 5148, General Notice No 72, dated 13 March 2013, allowing fourteen (14) days for public comment. This notice contained all 62 applications submitted by the Namibian Broadcasting Corporation. No comments were received within the stated timeframe and subsequently no reply comments were required from the Namibian Broadcasting Corporation.

The Authority published the final notice related to the Regulations Setting out the Frequency Channeling for Digital Terrestrial Television in Government Gazette No. 5201, General Notice No. 166 dated 29 May 2013 after following a rulemaking process that commenced with the first notice published for public comment on 28 September 2012 and concluded with a public hearing on 8 April 2013. The Namibian Broadcasting Corporation also attended the public hearing.

Furthermore, the Authority cannot consider the award of VHF frequencies (174 MHz to 230 MHz) as requested by the Namibian Broadcasting Corporation for Gobabis and Aranos taken into account that no VHF frequencies were coordinated with Botswana and that ITU iteration in accordance with the GE06 Agreement which only allowed for coordination of UHF frequencies (470 MHz to 694 MHz). Finally the Authority cannot consider the request submitted by the Namibian Broadcasting Corporation to award the frequency 210 MHz in Aminius in lieu of 186 MHz as applied for due to the fact that 210 MHz is reserved for analogue services at the ITU and thus only UHF frequencies has been included in the Frequency Channeling Plan for digital terrestrial television in accordance with the GE06 agreement.

Namibian Broadcasting Corporation should thus be awarded with spectrum use licences in accordance with the frequencies and power outputs specified in the Regulations Setting Out the Frequency Channeling Plan for Digital Terrestrial Television as published in Government Gazette No. 5201, General Notice No. 166 dated 29 May 2013.

In light of the above and in terms of section 101(1) and (2) of the Communications Act and the Licensing Procedures Regulations, the Authority awarded the Namibian Broadcasting Corporation with the frequencies as stipulated in the table above for the implementation of digital terrestrial broadcasting service in the geographical areas indicated in the table.

L.N. Jacobs CHAIR PERSON OF THE BOARD COMMUNICATIONS REGULATORY AUTHORITY

No. 162 | 2014

NOTICE IN TERMS OF REGULATIONS 6 OF THE REGULATIONS REGARDING HEARING PUBLISHED IN GOVERNMENT GAZETTE 5037, NOTICE NO. 310 DATED 13 SEPTEMBER 2012, COMMUNICATIONS ACT NO. 8 OF 2009

The Communications Regulatory Authority of Namibia in terms of Regulation 6 of the Regulations regarding Hearings published in Government Gazette 5037, Notice No.310 dated 13 September 2012 herewith gives notice that it will hold a hearing regarding the proposed Regulations regarding the National Numbering plan for the use in the provision of telecommunications services in the Republic of Namibia as published in the Government Gazette 5414, General Notice No. 46, dated 27 February 2014.

DATE: 9 July 2014

TIME: 08H30

VENUE: GZ FUNCTION CENTRE (corner of Bismarck and Dr. W. Külz Street)

The Proposed Regulations are made in terms of section 81 of the Communications Act (Act No. 8 of 2009) and set out the numbering plan for use in the provision of telecommunications services that are applicable to Individual, Comprehensive service Licensees (ECNS and ECS).

The draft regulations prescribe a National Numbering Plan for use in the provision of telecommunications services; to provide a long-term framework for the National Numbering Plan that can continue to be developed to support developments of the telecommunications market for the benefit of all Namibian consumers of telecommunications services.

In the public interest, the Authority deems it necessary to hold a hearing in respect of the Proposed Regulations Regarding the National Numbering Plan applicable to Services Licensees.

The public is invited to make comments and/or oral submissions at the hearing on the Regulations regarding the National Numbering plan applicable to Services Licences.

All written comments and notice of oral submissions to be made during the hearing must be submitted to the Authority on or before the 7th of July 2014 by 17h00.

All written comments and notice of oral submission must be submitted to the Authority either physically or electronically -

By hand to the head offices of the Authority, namely Communications House, 56 Robert Mugabe Avenue, Windhoek;
By post to the head offices of the Authority namely Private Bag 13309, Windhoek;
By electronic mail to the following address legal@cran.na;
By facsimile to the following facsimile number +264 61 222 790; or
By fax to email to: 0886550852.

All Oral submissions must -

Include a statement of the name and contact details of the person making the oral submissions and the name and contact details of the person for whom the oral submission is made, if different;
Be clear and concise.

Questions, queries and further clarification must be directed to legal@cran.na or contact the Legal Advice Department at Tel: +264 61 222666.