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Gazette 5659

ORIGINAL PDF

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GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA

WINDHOEK - 30 January 2015

CONTENTS

No. 5659

Page

GENERALNOTICESGENERALNOTICES
No. 22Communications Regulatory Authority of Namibia: Regulations in respect of Type Approval and Technical Standards for Telecommunications Equipment: Communications Act, 20092
No. 23Communications Regulatory Authority of Namibia: Notice of Determination of Lapsing of Broadcasting Service Licence in terms of Regulation 12(4) of the Regulations Regarding Licence Conditions for Broadcasting Service Licences20
No. 24Communications Regulatory Authority of Namibia: Notice in terms of the Regulations Regarding the Submissions of Interconnection Agreements and Tariffs21
No. 25Communications Regulatory Authority of Namibia: Notice in terms of the Regulations Regarding the Submissions of Interconnection Agreements and Tariffs23
No. 26Communications Regulatory Authority of Namibia: Notice in terms of the Regulations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licences25
No. 27Communications Regulatory Authority of Namibia: Notice in terms of the Regulations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licences27
No. 28Communications Regulatory Authority of Namibia: Notice in terms of the Regulations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licences28
No. 29Communications Regulatory Authority of Namibia: Notice in terms of the Regulations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licences30
No. 30Communications Regulatory Authority of Namibia: Notice in terms of the Regulations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licences32

No. 22

REGULATIONS IN RESPECT OF TYPE APPROVAL AND TECHNICAL STANDARDS FOR TELECOMMUNICATIONS EQUIPMENT: 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 publishes these ‘Regulations in respect of Type Approval and Technical Standards for Telecommunications Equipment’ which will be in force and effective six (6) months from date of publication, which date shall be 3 August 2015.

Definitions

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

’ accredited test laboratory’ means any laboratory accredited by its own national accreditation body or another recognised accreditation body in terms of International Organisation for Standardisation/ International Electrotechnical Commission(ISO/IEC) requirements;

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

‘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-

General Notices

COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA

’ 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 conveyance by any means 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;

‘telecommunications equipment’ means communications or networking equipment with an interface to public network or wide area network services and includes but not limited to telecommunications terminal equipment, information technology equipment (including but not limited to a digital set-top box decoder), radio communication equipment powered by means of an internal or external electrical AC/DC energy source and electronic communications network equipment.

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

‘type approval’ means -

’ type approval fees ’ means fees relating to type approval as set out in Annexure 2 of these regulations;

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

’ type approval register’ means a register kept by the Authority pursuant to section 27 of the Act that contains basic technical and compliance information on all type approved telecommunications equipment, including any conditions the Authority attached to such type approval.

Submission of documents to the Authority

Purpose

  1. (1) The purpose of these regulations is to establish a type approval procedure to ensure that-

Applicability

  1. (1) These regulations apply to-

Telecommunication equipment requiring type approval

  1. (1) Any person or entity who intends to -

must apply for type approval to the Authority in respect of such telecommunications equipment prior to the use, connection, sale or re-sale thereof within the Republic of Namibia.

(2) Notwithstanding sub-regulation (1), telecommunications equipment that is temporarily imported into Namibia for re-export does not require type approval.

Registration of supplier

  1. (1) An applicant will be registered as a supplier of telecommunications equipment on the database of the Authority upon approval of such Applicant’s application for type approval.

Application procedures

  1. (1) An applicant must submit an application on Form 1 set out in Annexure 1 of these Regulations in respect of telecommunications equipment requiring type approval.

(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.

(8) 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 hereof, the Authority may require the applicant to provide such clarification within fourteen (14) days from the date of such request by the Authority.

(9) The Authority will not be able to consider an application for type approval favourably if the applicant fails to respond to a request for clarification contemplated by sub-regulation (8) or fails to respond within the timeframe specified by the Authority.

(10) If an application for type approval does not comply with criteria and / or requirements as contained in these regulations the Authority must reject the application and notify the applicant in which respects the application is non-compliant.

(11) An unsuccessful applicant may address any non-compliance and submit a new application for type approval in terms of the procedures provided for in these regulations.

(12) If the Authority is satisfied that all the requirements of these regulations have been met, the Authority may issue a type approval certificate to the successful applicant, subject to such conditions that the Authority may impose.

(13) The type approval certificate referred to in sub-regulation (12) shall contain a registration number.

(14) All type approved telecommunications equipment must be entered on the type approval register which the Authority will publish on its website from time to time.

(15) If type approved telecommunications equipment undergoes a change of model, design, function and/or specifications, the type approval certificate will no longer be valid for the telecommunications equipment that underwent such change of model, design and/or specifications.

(16) A type approval certificate is no longer valid, if in terms of sub-regulation (15), the telecommunications equipment that underwent a change of model, design, function or specifications will require to be type approved in terms of these regulations.

Declaration of conformity and criteria for approval

  1. (1) The Authority may accept a declaration of conformity by an applicant if accompanied by a certified copy of test reports and data issued by an accredited test laboratory confirming conformity of the telecommunications equipment for which type approval is sought with the applicable technical standards.

(2) In an application for type approval, the applicant must submit the test reports and data referred to in sub-regulation (1) without any modification whatsoever.

(3) In assessing an application for type approval, the Authority will take into account whether the test reports and data referred to in sub-regulation (1) were submitted and accepted by a foreign regulatory authority.

(4) The Authority shall not have regard to any test report and data accompanying a declaration of conformity in terms of sub-regulation (1) if such report and data are older than 5 years.

Decision by the Authority

  1. (1) The Authority shall consider only complete applications for type approval and make a decision as to whether the application is approved or not, withinfourty (40) days from the date of the submission of the application to the Authority by the Applicant.

Effect of successful application for type approval

Monitoring compliance and inspections

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

Revocation of type approval certificate

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

the Authority may by written notice to the holder of a type approval certificate inform such holder that the Authority intends to cancel the type approval certificate, and in such notice state the grounds for such intended action and require the holder of the type approval certificate to cease the distribution and selling of such equipment with immediate effect.

Fees

  1. (1) The Authority will charge type approval fees in accordance with Annexure 2 of these regulations which shall be applicable per equipment category as indicated in Annexure 2 hereof.

Prohibited telecommunications equipment

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

Amendment of technical standards

  1. (1) Whenever technical standards are amended, the holder of such type approved telecommunications equipment must ensure that such equipment is re-assessed by the Authority to determine if due to the amended standard, the equipment requires further type approval in terms of these regulations.

Non-compliance, Offences and Enforcement

  1. (1) It shall be the duty of every person who uses, sells, offers for sale or connects to an electronic communication network any telecommunications equipment requiring type approval in terms of these regulations to ensure that such equipment is type approved by the Authority and complies with the provisions of the Act and these regulations.

Oral Hearings

  1. (1) If the Authority considers it necessary and appropriate, it will also hear oral submissions in respect of applications made in terms of these regulations.

Condonation

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

Ex parte communications

  1. (1) A person may not communicate with the members of the Board, the CEO or staff members of, or consultants to the Authority, to discuss the subject matter of an application proceeding in terms of these regulations, except as provided for herein.

Record of proceedings

Reconsideration

  1. (1) The Authority may, on its own motion, reconsider any decision made in terms of these regulations within ninety (90) days from the date of making decision.

L.N. JACOBS
CHAIRPERSON OF THE BOARD OF DIRECTORS
COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA

ANNEXURE 1 FORM 1

APPLICATION FORM TELECOMMUNICATIONS EQUIPMENT TYPE APPROVAL

In terms of Regulation 5, 6, 7 and 15 of the Regulations in respect of Telecommunications Equipment Requiring Type Approval any person or entity that intends to connect telecommunications equipment to a electronic network in Namibia for purposes of electronic communications or intends to use, sell or offer for sale telecommunications equipment within the Republic of 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 6, along with the relevant application fee or proof that the application fee has been paid to the Authority.

1. APPLICANT

Name of Original Equipment Manufacturer
Postal Address:
Physical Address:
Contact Person:
Email Address:
Telephone No:
Facsimile No:
Website:

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

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

Name of Agent/Representative

Postal Address:

Physical Address:

Contact Person:

Email Address:

Telephone No:

Facsimile No:

Website:

3. APPLICATION CATEGORY

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

4. ORIGINAL EQUIPMENT DETAILS

4.1 Please indicate the appropriate equipment category -

Call Monitoring EquipmentCall Metering Unit
Call Monitoring EquipmentCall Monitoring Unit
Call Monitoring EquipmentCall Barring Unit
Call Monitoring EquipmentCall Recording Unit
Call Monitoring EquipmentSubscriber Private Meter
Data EquipmentModem
Data EquipmentRouter
Data EquipmentSwitch
Data EquipmentPacket Assembler/Disassembler (PAD)
Data EquipmentMultiplexer (MUX)
Facsimile EquipmentAll Types
Network EquipmentMicrowave Transmitter
Network EquipmentBase Station Transmitter
Network EquipmentNetwork Management System
Paging EquipmentAll Types
Payphone Terminal EquipmentAll Types
Private Exchange EquipmentPrivate Manual Branch Exchange (PMBX)
Private Exchange EquipmentPrivate Automatic Branch Exchange (PABX)
Private Exchange EquipmentVoice Messaging System
Private Exchange EquipmentSwitchboard Equipment
Private Exchange EquipmentMedia Convergence Server
Radio Communications EquipmentHigh Frequency (HF)
Radio Communications EquipmentVery High Frequency (VHF)
Radio Communications EquipmentUltra-High Frequency (UHF)
Radio Communications EquipmentRadio Alarm Transmitter
Radio Communications EquipmentCitizen Band Radio
Radio Communications EquipmentAmateur Radio
Satellite Earth TerminalGlobal Mobile Personal Communications Services (GMPCS) terminal (with ITU MoU Mark)
Satellite Earth TerminalGlobal Mobile Personal Communications Services (GMPCS) terminal (without ITU MoU Mark)
Satellite Earth TerminalVery Small Aperture Terminal (VSAT)
Short Range Devices/ Low Power terminalsAccess Control (including door and gate openers)
Short Range Devices/ Low Power terminalsAlarms and movement detectors
Short Range Devices/ Low Power terminalsClosed circuit television (CCTV)
Short Range Devices/ Low Power terminalsCordless audio devices including wireless microphones
Short Range Devices/ Low Power terminalsIndustrial control devices
Short Range Devices/ Low Power terminalsLocal Area Networks
Short Range Devices/ Low Power terminalsMedical Devices
Short Range Devices/ Low Power terminalsUltra-Wideband (UWB) sensors and radars (such as ground probing radar)
Short Range Devices/ Low Power terminalsRemote controls
Short Range Devices/ Low Power terminalsRadio frequency identification (RFID)
Short Range Devices/ Low Power terminalsRoad Transport telematics
Short Range Devices/ Low Power terminalsTelemetry
Short Range Devices/ Low Power terminalsCar Radios
Short Range Devices/ Low Power terminalsBluetooth devices
Telephone Terminal EquipmentOrdinary telephone
Telephone Terminal EquipmentExecutive telephone
Telephone Terminal EquipmentCordless telephone
Telephone Terminal EquipmentAnswer machine integrated into the telephone
Telephone Terminal Equipment2-line executive telephone
Telephone Terminal EquipmentCordless executive telephone
Telephone Terminal EquipmentIntelligent executive telephone
Telephone Terminal EquipmentAnswering machine unit
Telephone Terminal EquipmentGlobal System for Mobile (GSM) phone
Telephone Terminal EquipmentCode Division Multiple Access (CDMA) terminal
Digital Set-Top BoxAll types
VOIP network equipmentE1 interface card
VOIP network equipmentVoice Over Internet Protocol (VOIP) gateway
VOIP network equipmentIP terminal
Wimax terminalAll types

4.2 Equipment details

Model:
Frequency Range:
ITU Emission Code:
Modulation:
Power Output:

4.3 Indicate whether the equipment is intended for use as:

Stand-Alone
Dual Interface equipment (RF and Telecommunications)
Plug-in Card
Other (Please specify below)

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

Personal identification, a certificate of incorporation or a valid trade licence in the name of the applicant
2x Identifying postcard size colour photographs of equipment submitted for type approval
Afunctional description of the equipment, at least at block diagram level
Operating instructions
Certified copy of declaration of conformity by applicant, manufacturer or supplier of telecommunications equipment including test report (both RF and EMC), issued by an accredited test laboratory
Certified copies of test reports and certificate of compliance with Radio regulations issued by an accredited test laboratory
Certified copy of test report for Safety Regulations issued by an accredited test laboratory
Receipt issued by CRAN as per applicable fees
Physical sample equipment if type approval of untested equipment is requested
Technical, physical, operational, installation and user information
Software and firmware numbers

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

ACKNOWLEDGEMENT OR RECEIPT BY CRAN

Name

Date

Place

Signature

ANNEXURE 2 TYPE APPROVAL FEES

EQUIPMENTCATEGORYEQUIPMENT INCLUDED IN THIS CATEGORYFEES (N$)
Radio Transmitter EquipmentCommunity Radio Transmitter1,000.00
Call Monitoring EquipmentCall metering unit250.00
Call Monitoring EquipmentCall monitoring unit250.00
Call Monitoring EquipmentCall barring unit250.00
Call Monitoring EquipmentCall recording unit250.00
Call Monitoring EquipmentSubscriber private meter250.00
Data EquipmentModem450.00
Data EquipmentRouter450.00
Data EquipmentSwitch450.00
Data EquipmentPacket Assembler/Disassembler (PAD)450.00
Data EquipmentMultiplexer (MUX)450.00
Facsimile EquipmentAll types450.00
Network EquipmentMicrowave transmitter3,000.00
Network EquipmentBase Station transmitter3,000.00
Network EquipmentNetwork Management System3,000.00
Paging EquipmentAll types450.00
Payphone Terminal EquipmentAll types450.00
Private Exchange EquipmentPrivate Manual Branch Exchange (PMBX)1,500.00
Private Exchange EquipmentPrivate Manual Branch Exchange (PABX)1,500.00
Private Exchange EquipmentVoice messaging system1,500.00
Private Exchange EquipmentSwitchboard equipment1,500.00
Private Exchange EquipmentMedia convergence server1,500.00
Radio Communications EquipmentHigh Frequency (HF)450.00
Radio Communications EquipmentVery High Frequency (VHF)450.00
Radio Communications EquipmentUltra-Hugh Frequency (UHF)450.00
Radio Communications EquipmentRadio alarm transmitter450.00
Radio Communications EquipmentCitizen band450.00
Radio Communications EquipmentAmateur450.00
Satellite Earth TerminalGlobal Mobile Personal Communications Services (GMPCS) terminal (with ITU MoU Mark)100.00
Satellite Earth TerminalGlobal Mobile Personal Communications Services (GMPCS) terminal (without ITU MoU Mark)450.00
Satellite Earth TerminalVery Small Aperture Terminal (VSAT)1,500.00
Short Range Devices/Low power terminalsAccess control (including door and gate openers)250.00
Short Range Devices/Low power terminalsAlarms and movement detectors250.00
Short Range Devices/Low power terminalsClosed-circuit television (CCTV)250.00
Short Range Devices/Low power terminalsCordless audio devices, including wireless microphones250.00
Short Range Devices/Low power terminalsIndustrial control350.00
Short Range Devices/Low power terminalsLocal Area Networks350.00
Short Range Devices/Low power terminalsMedical implants350.00
Short Range Devices/Low power terminalsUltra-Wideband (UWB) Sensors &Radars (such as ground probing radar)250.00
Short Range Devices/Low power terminalsRemote control250.00
Short Range Devices/Low power terminalsRadio frequency identification (RFID)250.00
Short Range Devices/Low power terminalsRoad Transport Telematics250.00
Short Range Devices/Low power terminalsBluetooth Devices250.00
Short Range Devices/Low power terminalsCar Radios250.00
Short Range Devices/Low power terminalsTelemetry.250.00
Telephone Terminal EquipmentOrdinary telephone250.00
Telephone Terminal EquipmentExecutive telephone250.00
Telephone Terminal EquipmentCordless telephone250.00
Telephone Terminal EquipmentAnswer machine integrated into the telephone250.00
Telephone Terminal Equipment2 line Executive telephone450.00
Telephone Terminal EquipmentCordless executive telephone450.00
Telephone Terminal EquipmentIntelligent executive telephone450.00
Telephone Terminal EquipmentAnswering machine unit450.00
Telephone Terminal EquipmentGlobal System for Mobile (GSM) terminal450.00
Telephone Terminal EquipmentCode Division Multiple Access (CDMA) terminal450.00
Digital Set-Top BoxAll Types450.00
Voice Over Internet Protocol (VOIP) Network EquipmentE1 interface card2,500.00
Voice Over Internet Protocol (VOIP) Network EquipmentVoIP gateway2,500.00
Voice Over Internet Protocol (VOIP) Network EquipmentIP terminal2,500.00
WiMAX terminalAll types450.00

ANNEXURE 3

FORM 2

RENEWAL FORM TELECOMMUNICATIONS EQUIPMENT TYPE APPROVAL

In terms of Regulation 10(6) of the Regulations in respect of Telecommunications Equipment Requiring Type Approval any person or entity that intends to connect telecommunications equipment to a electronic network in the Republic of Namibia for purposes of electronic communications or intends to use, sell or offer for sale telecommunications equipment within the Republic of 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 6, along with the relevant application fee or proof that the application fee has been paid to the Authority.

1. CONTACT DETAILS OF TYPE APPROVAL CERTIFICATE HOLDER

Name of Original Equipment Manufacturer

Postal Address:

Physical Address:

Contact Person:

Email Address:

Telephone No:

Facsimile No:

Website:

2. TYPE APPROVAL CERTIFICATE

Type Approval Certificate Number

Date of Issuance

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

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

Name of Agent/Representative

Postal Address:

Physical Address:

Contact Person:

Email Address:

Telephone No:

Facsimile No:

Website:

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

Personal identification, a certificate of incorporation or a valid trade licence in the name of the type approval certificate holder

Certified copy of the type approval certificate previously issued by the Authority

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

ACKNOWLEDGEMENT OR RECEIPT BY CRAN

Name

Date

Place

Signature


No. 23

NOTICE OF DETERMINATION OF LAPSING OF BROADCASTING SERVICE LICENCE IN TERMS OF REGULATION 12 (4) OF THE REGULATIONS REGARDING LICENCE CONDITIONS FOR BROADCASTING SERVICE LICENCES

The Communications Regulatory Authority of Namibia, in terms of regulation 12 (4) of the Regulations regarding Licence Conditions for Broadcasting Service Licences as published in Government Gazette No, 5037, General Notice No. 309 dated 13 September 2012, herewith gives notice that the Broadcasting Service Licence issued in terms of section 85 of the Communications Act (No. 8 of 2009) to Kalahari Holdings (Pty) Ltd on 18 November 2011 has lapsed.

THE FOLLOWING ARE THE REASONS FOR THE DECISION:

Kalahari Holdings (Pty) Limited (hereinafter referred to as ‘Kalahari Holdings’) was issued with a commercial broadcasting service licence by the former Namibia Communications Commission (‘NCC’). Kalahari Holdings was transitioned to the new market structure on 18 November 2011, pursuant to the provisions of section 135(2) of the Communications Act 8 of 2009 (hereinafter referred to as the ‘Communications Act’), as published in the Government Gazette No. 4839, General Notice No. 393, dated 25 November 2011.

The said licence was awarded subject to the Regulations Regarding Licence Conditions for Broadcasting Service Licences (‘Broadcasting Service Licence Conditions’), as published in the Government Gazette No. 5037, General Notice No. 309, dated 13 September 2012. Kalahari Holdings did not commence with any commercial broadcasting activities as per the conditions attached to the licence.

In terms of section 87(7) of the Communications Act, a licence lapses after the expiry of such period which may be prescribed in regulation 12(4) of the Broadcasting Service Licence Conditions in the event that no broadcasts are made under that licence. The Authority is of the view that the words in regulation 12(4) are peremptory, which means that the legislature intended to cast an obligation on a licensee to comply with what is required by the section 87(7) of the Communications Act or regulation 12(4) of the Broadcasting Service Licence Conditions, and failure to comply with which, the licence would automatically lapse.

The period as contemplated in section 87(7) of the Communications Act is prescribed in the Broadcasting Service Licence Conditions Regulations, which provides as follows in regulation 12(4):

‘In terms of section 87(7) of the Act, in the event licensees fail to commence broadcasting services within a period of six (6) months from the date of issue of the licence, such licence shall automatically expire at the end of the six (6) month period , without the Authority having to give notice to the licensee, unless as otherwise approved by the Authority in advance .’ (Our emphasis) The Broadcasting Service Licence Conditions only came into force on 13 September 2012. At the time of awarding the licence to Kalahari Holdings (25 November 2011), there were no conditions prescribing the period as contemplated in section 87(7) of the Communications Act. This therefore means, the 6 months period within which Kalahari Holdings was supposed to commence with broadcasting services, should be calculated from 13 September 2012. The Authority is of the view that this is a fair approach, because Kalahari Holdings could not have been expected to comply with a time period that they were not aware of on date of award of licence.

As indicated above, Kalahari Holdings was issued with a broadcasting service licence on 25 November 2011. As per section 87(7) of the Communications Act, Kalahari Holdings was required to commence with commercial broadcasting activities within 6 months from date on which the licence was issued.

Please note however, that the Broadcasting Service Licence Conditions only came into force on 13 September 2012. At the time of receiving the licence, there were no conditions prescribing the period as contemplated in section 87(7) of the Communications Act. This therefore means, the 6 months period within which Kalahari Holdings was required to commence with the provision of commercial broadcasting services in terms of section 87(7) of the Communications Act, should be calculated from 13 September 2012, when the Broadcasting Service Licence Conditions came into effect.

On 11 March 2014, the Authority drafted a letter to Kalahari Holdings to inquire on the status of the operations of the commercial broadcasting service station and for Kalahari Holdings to provide the Authority with an update thereof. In the letter of 11 March 2014, the Authority also requested that Kalahari Holdings provides the Authority with its annual financial statements for the year 2012/2013 for the Authority to determine whether Kalahari Holdings has commenced with commercial broadcasting services as required by the Broadcasting Service Licence Conditions.

On 11 March 2014, Kalahari Holdings indicated to that they did not launch the broadcasting service station yet, and as a result, Kalahari Holdings is unable to provide the Authority with any financial statements regarding its operations.

On 26 March 2014, the Authority requested Kalahari Holdings to state the reasons why it did not commence with broadcasting services in terms of the licence issued and to furnish the Authority with a detailed explanation of the non-compliance with the Broadcasting Service Licence Conditions. The Authority further requested Kalahari Holdings to indicate the measures that Kalahari Holdings intends to take in this regard.

On 30 July 2014, Kalahari Holdings informed the Authority why they did not commence with commercial activities by setting out the reasons contained therein.

CONCLUSION

In light of the above and pursuant to the provisions of of section 87(7) of the Communications Act read with regulation 12(4) of the Broadcasting Service Licence Conditions and the submissions made above, the commercial broadcasting service licence issued to Kalahari Holdings (Pty) Ltd as published in the Government Gazette No. 4839, General Notice No. 393, dated 25 November 2011 has automatically lapsed on 12 March 2013. This is due to the fact that Kalahari Holdings (Pty) Ltd has not commenced with commercial broadcasting activities within a period of six months from date of issuance of the Broadcasting Service Licence Conditions, date being 13 September 2012.

The full reasons for the decision can be obtained from the Authority.

L.N. JACOBS
CHAIRPERSON OF THE BOARD OF DIRECTORS
COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA


No. 24

NOTICE IN TERMS OF THE REGULATIONS REGARDING THE SUBMISSIONS OF INTERCONNECTION AGREEMENTS AND TARIFFS

The Communications Regulatory Authority of Namibia, in terms of Section 53(10) of the Communications Act, 2009 (Act No. 8 of 2009) read with regulation 8(1) of the ‘Regulations Regarding the Submission of Interconnection Agreements and Tariffs’, in Government Gazette No. 4714, Notice No. 126, dated 18 May 2011, herewith gives notice that Telecom Namibia Ltd has filed a tariff amendment with the Authority as set out in Schedule 1 hereto.

Any person may examine copies of the tariffs submitted at the head offices of the Authority during normal business hours and copies may be made on payment of a fee determined by the Authority. Copies are also available at www.cran.na where copies may be downloaded free of charge.

The public may submit in writing to the Authority written comments within fourteen (14) days from the date of publication of this notice in the Gazette .

Telecom Namibia Ltd may submit, in writing to the Authority, a response to any written comments within fourteen (14) days from the lapsing of the time to submit written submissions.

All written submissions must contain the name and contact details of the person making the written submissions and the name and contact details of the person for whom the written submissions is made, if different and be clear and concise.

All written submissions and reply comments must be made either physically or electronically -

L.N. JACOBS
CHAIRPERSON OF THE BOARD OF DIRECTORS
COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA

SCHEDULE 1

SUBMISSION OF PROPOSED AMENDED TARIFFS IN TERMS OF SECTION 53(10) BY TELECOM NAMIBIA LIMITED COMMUNICATIONS ACT, 2009

The following are the proposed amended tariffs as submitted by Telecom Namibia Ltd:

LICENSEE: Telecom Namibia Limited.LICENSEE: Telecom Namibia Limited.LICENSEE: Telecom Namibia Limited.LICENSEE: Telecom Namibia Limited.
Type of ServiceCurrent Monthly Rental N$Proposal Monthly Rental N$%Increase
Residential Basic Line (Within MRA)72.0079.009.7%
Business basic line (within MRA)82.0095.0015.9%
Residential and Business basic line (Outside MRA)103.00109.005.8%
ISDN BRA(Main Service)203.00222.009.4%
ISDN BRA(per additional MSN)37.0039.005.4%
ISDN Primary Rate Access (30B+D)2,674.002,829.005.8%

NOTE:

The rationale behind the amendment is due to the fact that Telecom Namibia Limited is currently undercharging for its basic analogue and ISDN BRI line services, in comparison to other service providers in the Region. Furthermore, the proposed amended tariffs are likewise lower than the tariffs of similar service providers. In the event of incorrect billing, customers are entitled to register the dispute over the affected portion of the account by reporting through the Customer Care Centre’s toll free number 1100 or the nearest Teleshop.


No. 25 2015

NOTICE IN TERMS OF THE REGULATIONS REGARDING THE SUBMISSIONS OF INTERCONNECTION AGREEMENTS AND TARIFFS

The Communications Regulatory Authority of Namibia, in terms of Section 53(10) of the Communications Act, 2009 (Act No. 8 of 2009) read with regulation 8(1) of the ‘Regulations Regarding the Submission of Interconnection Agreements and Tariffs’, in Government Gazette No. 4714, Notice No. 126, dated 18 May 2011, herewith gives notice that MTN Business Solutions (Namibia) (Pty) Ltd has filed a tariff with the Authority as set out in Schedule 1 hereto.

Any person may examine copies of the tariffs submitted at the head offices of the Authority during normal business hours and copies may be made on payment of a fee determined by the Authority. Copies are also available at www.cran.na where copies may be downloaded free of charge.

The public may submit in writing to the Authority written comments within fourteen (14) days from the date of publication of this notice in the Gazette .

MTN Business Solutions (Namibia) (Pty) Ltd may submit, in writing to the Authority, a response to any written comments within fourteen (14) days from the lapsing of the time to submit written submissions.

All written submissions must contain the name and contact details of the person making the written submissions and the name and contact details of the person for whom the written submissions is made, if different and be clear and concise.

All written submissions and reply comments must be made either physically or electronically -

L.N. JACOBS
CHAIRPERSON OF THE BOARD OF DIRECTORS
COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA

SCHEDULE 1

SUBMISSION OF PROPOSED TARIFFS IN TERMS OF SECTION 53(10) BY MTN BUSINESS SOLUTIONS (NAMIBIA) (PTY) LTD COMMUNICATIONS ACT, 2009

The following are the proposed tariffs as submitted by MTN Business Solutions (Namibia) (Pty) Ltd:

MTN BIZSAT VSAT Tariffs - V1

Standard Package rates - Public IPStandard Package rates - Public IPStandard Package rates - Public IPStandard Package rates - Public IPStandard Package rates - Public IPStandard Package rates - Public IPStandard Package rates - Public IPStandard Package rates - Public IP
UPLOAD SPEEDDOWNLOAD SPEEDCAPPINGMonth-to- Month12 Months18 Months24 Months36 Months
384k/1024k10 MBPS500MB630590550510480
384k/1024k10 MBPS1 GIG810760710660610
384k/1024k10 MBPS3 GIG1 5701 4701 3701 2701 180
384k/1024k10 MBPS5 GIG2 1602 0201 8901 7501 620
384k/1024k10 MBPS10 GIG3 7603 5203 2903 0502 820
384k/1024k10 MBPS20 GIG6 7806 3605 9305 5105 090
384k/1024k10 MBPS30 GIG10 0309 4208 6707 9207 540
384k/1024k10 MBPS50 GIG15 60015 06013 98012 91012 360
Standard Package rates - Private IPStandard Package rates - Private IPStandard Package rates - Private IPStandard Package rates - Private IPStandard Package rates - Private IPStandard Package rates - Private IPStandard Package rates - Private IPStandard Package rates - Private IP
UPLOAD SPEEDDOWNLOAD SPEEDCAPPINGMonth-to- Month12 Months18 Months24 Months36 Months
384k/1024k10 MBPS500MB470440410380360
384k/1024k10 MBPS1 GIG650610570530490
384k/1024k10 MBPS3 GIG1 4101 3201 2301 1401 060
384k/1024k10 MBPS5 GIG2 0001 8701 7501 6201 500
384k/1024k10 MBPS10 GIG3 6003 3703 1502 9202 700
384k/1024k10 MBPS20 GIG6 6206 2105 7905 3804 970
384k/1024k10 MBPS30 GIG9 8709 2708 5307 7907 420
384k/1024k10 MBPS50 GIG15 44014 91013 84012 78012 240
Additional ChargesAdditional ChargesAdditional ChargesAdditional ChargesAdditional ChargesAdditional ChargesAdditional Charges
1. Equipment rental optionsMonth-to- Month12 Months18 Months24 Months36 Months
384k upload8 300770520430390
1024k upload15 3301 410730610550
2. Equipment purchaseOnce-off
384k uploadN$ 8 300
1024k uploadN$ 15 330
3.Top up Gigs3.Top up Gigs3.Top up GigsMonth-to- MonthTop-up
IntervalsDiscountCost price/ GBDenominations
06h00- 18h000%340100
18h00- 20h0025%260300
22h00- 24h0050%170500
24h00- 06:0075%901000
4. Reconnection fee4. Reconnection feeN$ 350

Standard Terms of Use:


No. 26

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

The Communications Regulatory Authority of Namibia, in terms of Regulations 7 and 11 of the ‘Regulations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licences’, in Government Gazette No. 4785, General Notice No. 272, dated 29 August 2011 (as amended), herewith gives notice of the following licensee who have submitted applications for transfer of control of licence:

1 Subject to authorisation by
THE Minister in terms of section 85(3) of the Communications Act

The transferors sold shares in the licensee to the transferees.
Percentage of Stock owned by Namibian Citizens or20.71%
Percentage of Stock owned by non-Namibian79.29% 1
Picture Investment Holdings (Pty) Ltd = 20.71% Times Media Group = 79.29%
One Africa Television (Pty) Ltd
Commercial Broadcasting Service Licence
OneAfrica Television (Pty) Ltd

The public may submit comments in writing to the Authority within a period of fourteen (14) days from the date of publication of this notice in the Gazette. The applicant may submit written reply comments within fourteen (14) days from date of notification of the written public comments.

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

All written submissions must be made either physically or electronically -

L.N. JACOBS
CHAIRPERSON OF THE BOARD OF DIRECTORS
COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA


No. 27

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 38 of the Communications Act 8 of 2009 read with 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), herewith gives notice that the Applicant referred to in the table below has submitted an application for a Class Telecommunications Service (ECS) licence to the Authority:

Applicant;Applicant’s citizenship or place of incorporation;Percentage of Stock owned by Namibian Citizens or Namibian Companies Controlled by Namibian Citizens;Category of class telecommunications service licence applied for;Telecommunication services intended to be provided by applicant;Proof of Licence Application Fees Paid Up to Date Submitted;
Demshi Investment Holding (PTY) LTDNamibia100%Class Electronic Communications Services (ECS)Electronic CommunicationsYes

The public may submit comments in writing to the Authority within a period of fourteen (14) days from the date of publication of this notice in the Gazette .

The applicant may submit written reply comments within fourteen (14) days from date of notification of the written public comments.

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

All written submissions and reply comments must be made either physically or electronically -

L.N. JACOBS
CHAIRPERSON OF THE BOARD OF DIRECTORS
COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA


No. 28

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 sections 85 and 101 of the Communications Act 8 of 2009 read with regulations 5, 6 and 11 of the 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), herewith gives notice that the Applicant referred to in the table below have submitted the following applications to the Authority:

(a) Broadcasting Service Licence Application:

Proof of Application fees paid up to date submitted?Yes
Whether applicant intends to use spectrum in the provision of broadcasting services intended to be provided;Yes, application is contained in part (b) below.
Provision of signal distribution;Own
Category of Broadcasting service licence as contemplated in the Regulations Setting out Broadcasting and Telecommunications Service Licence categories;Community Broadcasting Service Licence
Percentage of Stock owned by Namibian Citizens or Namibian Companies Controlled by Namibian Citizens;100%
Applicant’s citizenship or place of incorporation;Namibian
Applicants Name;The Voice of the Kingdom Ministries Incorporated 1

Spectrum Use Licence Application

1 Non-profit Association incorporated under section 21 of the Companies Act 24 of 2004. 2 Non-profit Association incorporated under section 21 of the Companies Act 24 of 2004.

Own
Community Broadcasting Service
500.000W
Ondangwa
Oshana Ondangwa
95.900 MHz
88 - 108 MHz
100%
Namibia
The Voice of the Kingdom Ministries Incorporated 2

The public may submit comments in writing to the Authority within a period of fourteen (14) days from the date of publication of this notice in the Government Gazette .

The applicant may submit written reply comments within fourteen (14) days from date of notification of the written public comments.

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

All written submissions and reply comments must be made either physically or electronically -

L.N. JACOBS
CHAIRPERSON OF THE BOARD OF DIRECTORS
COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA


No. 29

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 sections 85 and 101 of the Communications Act 8 of 2009 read with regulations 5, 6 and 11 of the 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), herewith gives notice that the Applicant referred to in the table below have submitted the following applications to the Authority:

Broadcasting Service Licence Application:

(a)

Yes
Yes, application is contained in part (b) below.
Own
Community Broadcasting Service Licence
100%
Namibian
Shalom Messenger Ministries Incorporated 1

(b) Spectrum Use Licence Application

1 Non-profit Association incorporated under section 21 of the Companies Act 24 of 2004. 2 Non-profit Association incorporated under section 21 of the Companies Act 24 of 2004.

Own
Community Broadcasting Service
500.000W
Oshana Oshakati Oshakati
106.300 MHz
88 - 108 MHz
100%
2 Namibia
Shalom Messenger Ministries Incorporated

The public may submit comments in writing to the Authority within a period of fourteen (14) days from the date of publication of this notice in the Government Gazette .

The applicant may submit written reply comments within fourteen (14) days from date of notification of the written public comments.

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

All written submissions and reply comments must be made either physically or electronically -

L.N. JACOBS
CHAIRPERSON OF THE BOARD OF DIRECTORS
COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA


No. 30

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 85 and 101 of the Communications Act 8 of 2009 and regulations 5, 6 and 11 of the 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), herewith gives notice that the Applicant referred to in the table below have submitted the following applications to the Authority:

(a) Broadcasting Service Licence Application:

Proof of Application fees paid up to date submitted?Yes
Whether applicant intends to use spectrum in the provision of broadcasting services intended to be provided;Yes, application is contained in part (b) below.
Provision of signal distribution;Own
Category of Broadcasting service licence as contemplated in the Regulations Setting out Broadcasting and Telecommunications Service Licence categories;Commercial Broadcasting Service Licence
Percentage of Stock owned by Namibian Citizens or Namibian Companies Controlled by Namibian Citizens;100%
Applicant’s citizenship or place of incorporation;Namibia
Applicants Name;TRUSTCO Administrative Support Services (Pty) LTD

(b) Spectrum Use Licence Application:

Party providing Signal Distribution;OwnOwnOwnOwn
Service to be provided using frequency applied for;Commercial Broadcasting ServiceCommercial Broadcasting ServiceCommercial Broadcasting ServiceCommercial Broadcasting Service
Maximum Output power;1000.000W100.000W100.000W100.000W
Description of geographic coverage area(s) Region; District; City/Town;OshakatiMarientalOtjiwarongoKeetman- shoop
OshakatiMarientalOtji- warongoKeetman- shoop
OshanaKarasOtjozon- djupaKaras
List of radio frequencies or groups of radio frequencies being considered for assignment by the Authority;105.600 MHz104.900 MHz105.900 MHz106.000 MHz
List of radio frequencies or groups of radio frequencies applied for;88- 108 MHz88- 108 MHz88- 108 MHz88- 108 MHz
Percentage of Stock owned by Namibian Citizens or Namibian Companies controlled by Namibian Citizens;100%
Applicant’s citizenship or place of incorporation;Namibia
Applicant’s Name;TRUSTCOAd- ministrative Sup-port Services (Pty) LTD

The public may submit comments in writing to the Authority within a period of fourteen (14) days from the date of publication of this notice in the Gazette .

The applicant may submit written reply comments within fourteen (14) days from date of notification of the written public comments.

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

All written submissions and reply comments must be made either physically or electronically -

L.N. JACOBS
CHAIRPERSON OF THE BOARD OF DIRECTORS
COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA