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Gazette 6133

ORIGINAL PDF

GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA

N$6.60

WINDHOEK - 27 September 2016

No. 6133

CONTENTS

Page

GENERAL NOTICESGENERAL NOTICES
No. 379Communications Regulatory Authority of Namibia: Notice in terms of the Regulations Regarding the Submissions of Interconnection Agreements and Tariffs2
No. 380Communications Regulatory Authority of Namibia: Notice in terms of Section 81 of the Communications Act, 2009 (Act No. 8 of 2009) and the Regulations Prescribing the National Numbering Plan for use in the Provision of Telecommunications Services in the Republic of Namibia, Numbering Licence Fees and Procedures for Number Procedures for Number Licences3
No. 381Communications Regulatory Authority of Namibia: Notice in terms of the Regulations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licences5
No. 382Communications Regulatory Authority of Namibia: Notice in terms of the Regulations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licences6
No. 383Communications Regulatory Authority of Namibia: Notice in terms of the Regulations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licences8
No. 384Communications Regulatory Authority of Namibia: Notice in terms of the Regulations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licences10

No. 379

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, General Notice No. 126, dated 18 May 2011, herewith gives notice that Telecom Namibia Limited has filed tariffs with the Authority as set out in Schedule 1.

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

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

Telecom Namibia Limited 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 -

F. KISHI
CHAIRPERSON OF THE BOARD OF DIRECTORS
COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA

General Notices

COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA

No. 380

NOTICE IN TERMS OF SECTION 81 OF THE COMMUNICATIONS ACT (NO 8 OF 2009) AND THE REGULATIONS PRESCRIBING THE NATIONAL NUMBERING PLAN FOR USE IN THE PROVISION OF TELECOMMUNICATIONS SERVICES IN THE REPUBLIC OF NAMIBIA, NUMBERING LICENCE FEES AND PROCEDURES FOR NUMBER PROCEDURES FOR NUMBER LICENCES

The Communications Regulatory Authority of Namibia, in terms of Section 81 of the Communications Act, 2009 (Act No. 8 of 2009) read with Regulation 22 of the ‘Regulations Prescribing The National Numbering Plan for use in the Provision of Telecommunications Services in the Republic of Namibia, Numbering Licence Fees and Procedures for Number Procedures For Number Licences’, in Government Gazette No. 5983, General Notice No. 97, dated 1 April 2016, herewith gives notice that the application for a number range for Demshi Holding Investment (Pty) Ltd has been approved.

SCHEDULE 1

SUBMISSION OF PROPOSED TARIFFS BY TELECOM NAMIBIA LIMITED COMMUNICATIONS ACT, 2009

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

SMART ENTRY

Connection Fee - N$N$ 175.00
Monthly Fee - N$N$ 139.00
Includes SmartphoneYes
Minutes200
SMS150
Data Volume150MB
Contract Period (months)24
Includes Sim CardYes

SMART ENTRY LITE

Connection Fee - N$N$ 175.00
Monthly Fee - N$N$ 99.00
Includes SmartphoneNo
Minutes200
SMS150
Data Volume150MB
Contract Period (months)24
Includes Sim CardYes

Please note that the full tariff submission including the terms and conditions and the remedies available to the consumers can be obtained from the Authority


THE FOLLOWING ARE THE REASONS FOR THE DECISION:

Demshi Investment Holdings (Pty) Ltd (hereinafter referred to as ‘the Applicant’) was awarded a Class Comprehensive Telecommunications Service Licence (ECS & ECNS) to provide telecommunications services within the borders of the Republic of Namibia on 9 September 2015. The licence was awarded in terms 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 2015.

The Applicant intends to provide voice and data services and requested condonation to commence commercial services based on the fact-

Based on the inability of the Authority to consider the request for a number range submitted by the Applicant due to the pending Numbering Regulations and that it is a prohibiting factor to the launch of telecommunications services by the Applicant in that the Applicant is unable to provide voice services without a number range assigned, the Authority granted condonation to the Applicant to commence services until 9 September 2016.

The Numbering Regulations were approved by the Authority on 19 February 2016 and the final notice was published in the Government Gazette on 1 April 2016.

The Applicant submitted an application for a block of 100,000 numbers in the leading digit ‘82’ number range on 28 June 2016 to provide services as provided for under its telecommunications service licence.

PROCEDURAL COMPLIANCE

Following due process in terms of the Regulations prescribing the National Numbering Plan for Use in the Provision of Telecommunications Services in the Republic of Namibia, Numbering Licence Fees and Procedures for Number Procedures, the Authority published a notice in the Government Gazette 6074, General Notice No. 259, dated 18 July 2016, allowing fourteen (14) days for public comments from the date of publication of the Notice in the Gazette . The commenting period lapsed on 1 August 2016, and no comments were received.

DECISION

In terms of section 81 of the Communications Act, the Authority herewith approves -

  1. The award of a number licence to Demshi Investment Holdings (Pty) Ltd for a block of 100,000 numbers in the leading digit ‘82’ number range for the provision of electronic communication services as set out in regulation 7 of the aforementioned Regulations.

Kindly take note that section 31 of the Communications Act provides that the Authority may, on its own motion or on a petition filed by an aggrieved party to any proceedings, reconsider any order or decision that it has made, within 90 days from the date of making that decision or issuing that order.

F. KISHI
CHAIRPERSON OF THE BOARD OF DIRECTORS
COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA


No. 381

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 regulation 5A & 11 of the ‘Regulations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licences’, published in Government Gazette No. 4785, General Notice No. 272, dated 29 August 2011 (as amended from time to time), herewith gives notice that the Applicant referred to in the table below, submitted the following applications to the Authority:

Application for Class Network Facilities Service Licence

Applicant;Applicant’s Citizenship or place of incorporation;Percentage of Stock owned by Namibian Citizens or Namibian citizens or Namibian Companies controlled by Namibian Citizens;Category of Licence Applied for;Description of geographic coverage area(s);Proof of Licence Application Fees Paid Up to Date Sub-mitted?
Mantle Investments (Pty) LtdNamibia100%Network Facilities Service LicenceRepublic of NamibiaYes

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 -

F. KISHI
CHAIRPERSON OF THE BOARD OF DIRECTORS
COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA


No. 382

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 regulation 9 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, herewith gives notice that the persons referred to in the table below, submitted application for renewal of the Broadcasting Service Licences to the Authority:

(a)

Applicants Name;Applicant’s citizenship or place of incorporation;Percentage of Stock owned by Namibian Citizens or Namibian Companies Controlled by Namibian Citizens;Category of Broadcasting service licence as contemplated in the Regulations Setting out Broadcasting and Telecommunications Service Licence categories;Provision of signal distribution;Breach of License;Proof of Application fees paid up to date submitted?
West Coast Radio (Pty) Ltd - FM Sound BroadcastingNamibian100%Commercial Broadcasting ServiceOwnNo breach or alleged breach recorded.Yes

(b)

Applicants Name;Applicant’s citizenship or place of incorporation;Percentage of Stock owned by Namibian Citizens or Namibian Companies Controlled by Namibian Citizens;Category of Broadcasting service licence as contemplated in the Regulations Setting out Broadcasting and Telecommunications Service Licence categories;Provision of signal distribution;Breach of License;Proof of Application fees paid up to date submitted?
Radio Ecclesia Namibia (NCBC) - FM Sound BroadcastingNamibian100%Community Broadcasting ServiceOwnNo breach or alleged breach recorded.Yes

(c)

Applicants Name;Applicant’s citizenship or place of incorporation;Percentage of Stock owned by Namibian Citizens or Namibian Companies Controlled by Namibian Citizens;Category of Broadcasting service licence as contemplated in the Regulations Setting out Broadcasting and Telecommunications Service Licence categories;Provision of signal distribution;Breach of License;Proof of Application fees paid up to date submitted?
Omulunga Radio (Pty) Ltd - FM Sound BroadcastingNamibian100%Commercial Broadcasting ServiceOwnNo breach or alleged breach recordedYes

(d)

Applicants Name;Applicant’s citizenship or place of incorporation;Percentage of Stock owned by Namibian Citizens or Namibian Companies Controlled by Namibian Citizens;Category of Broadcasting service licence as contemplated in the Regulations Setting out Broadcasting and Telecommunications Service Licence categories;Provision of signal distribution;Breach of License;Proof of Application fees paid up to date submitted?
Fresh FM (Pty) Ltd - FM Sound BroadcastingNamibian100%Commercial Broadcasting ServiceOwnNo breach or alleged breach recordedYes

(e)

Applicants Name;Applicant’s citizenship or place of incorporation;Percentage of Stock owned by Namibian Citizens or Namibian Companies Controlled by Namibian Citizens;Category of Broadcasting service licence as contemplated in the Regulations Setting out Broadcasting and Telecommunications Service Licence categories;Provision of signal distribution;Breach of License;Proof of Application fees paid up to date submitted?
Kudu FM (Pty) Ltd t/a One FM - FM Sound BroadcastingNamibian100%Commercial Broadcasting ServiceOwnNo breach or alleged breach recordedYes

(f)

Applicants Name;Applicant’s citizenship or place of incorporation;Percentage of Stock owned by Namibian Citizens or Namibian Companies Controlled by Namibian Citizens;Category of Broadcasting service licence as contemplated in the Regulations Setting out Broadcasting and Telecommunications Service Licence categories;Provision of signal distribution;Breach of License;Proof of Application fees paid up to date submitted?
Radio 100 (Pty) Ltd - FM Sound BroadcastingNamibian100%Commercial Broadcasting ServiceOwnNo breach or alleged breach recordedYes

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 the due date 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 -

F. KISHI
CHAIRPERSON OF THE BOARD OF DIRECTORS
COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA


No. 383

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 101(3) of the Communications Act, 2009 (Act No. 8 of 2009), read with regulations 6 & 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 person referred to in the table below has submitted as application for amendment of its Spectrum Use Licence as follows:

Outstanding licence feesNo
New Frequency to be assigned after the amendment;Uplink 6382.607 MHz MHz / Downlink 4157.8971 MHz MHz
Current Frequency assigned;Uplink 6382.607 MHz MHz / Downlink 4157.8971 MHz MHz
Description of geographic coverage area(s); Region District TownKhomas Windhoek Windhoek
Grounds for Amendment;The amendment is necessary to adapt to the configuration of the of the Namibian network to that of CBTO’s global network
Percentage of Stock owned by Namibian Citizens or Namibian Companies controlled by Namibian Citizens;Treaty Body of the United Nations
Applicant’s citizenship or place of incorporation;International Treaty Organization
Applicant’s Name;Comprehensive Nuclear-Test-Ban Treaty Organization (CT- BTO)

The public may submit comments to the Authority within 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 the due date 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 -

F. KISHI
CHAIRPERSON OF THE BOARD OF DIRECTORS
COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA


No. 384

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 Regulation 13 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 proposes that the following persons Spectrum Use License be amended:

Licensee’s Name ;Licensee Citizenship or place of incorporation;Percentage of Stock owned by Namibian Citizens or Namibian Companies controlled by Namibian Citizens;Licence to be modified licence:Proposed AmendmentGrounds for AmendmentGeographic Coverage AreaService provided using frequency assignedParty providing Signal Distribution
Maro- ela Trust t/a Shipi FMNamibia100% Atrust established in terms of section 21 of the Companies act 28 of 2004Spectrum Use Licence as issued on 12 June 2015, published in Government Gazette 5776, Notice 290, dated 3 July 2015.Increase Output Power from 250W to 1000WTo Increase the Broadcasting Coverage Services for: 103.6 MHzOndangwa S 17º 54’ 24.4’ E 15º 58’ 19.2’FM Broadcasting ServicesOwn

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 the due date 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, fi different and be clear and concise.

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

(1) By hand to the head offices of the Authority, namely Communication House, 56 Robert Mugabe Avenue, Windhoek;

F. KISHI
CHAIRPERSON OF THE BOARD OF DIRECTORS
COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA