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Gazette 6404

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GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA

WINDHOEK - 8 September 2017

No. 6404

CONTENTS

Page

GENERAL NOTICES


General Notices

COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA

No. 364

2017

NOTICE IN TERMS OF SECTION 53 (7) OF THE COMMUNICATIONS ACT, 2009 (ACT NO. 8 OF 2009) READ WITH THE REGULATIONS REGARDING THE SUBMISSIONS OF INTERCONNECTION AGREEMENTS AND TARIFFS

The Communications Regulatory Authority of Namibia, in terms section 53(1) and (7) of the Communications Act, 2009 read with regulation 8 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 it has approved tariffs for new Fiber Products as submitted by Paratus Telecommunications (Pty) Ltd, which came into force and effect on 7 July 2017, notwithstanding date of publication of the notice in the Gazette.

Kindly take note that in terms of section 31 of the Communications Act, 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.

Kindly note further that the reasons for the Authority’s decision may be obtained 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. The reasons for the Authority’s decision are also available at www.cran.na where copies may be downloaded free of charge.

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


No. 365

2017

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 11(1) of the “Regulations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licences”, as published in Government Gazette No. 4785, Notice No. 272, dated 29 August 2011 herewith gives notice that the applicant referred to in the table herein below has applied for a Spectrum Use Licence with the Authority as set out below:

Applicant’s NameApplicant’s Citizenship or place of incorporationPercentage of Stock owned by Namibian Citizens or Namibian Companies controlled by Namibian CitizensList of radio Frequencies or group of frequencies applied forList of radio Frequencies or group of frequencies being considered for assignment by the AuthorityDescription of geographic coverage area(s)Maximum Output power & CoordinatesService to be provided using frequencies applied forParty providing Signal Distribution
Radiance Consulting CC t/a Rapid FMNamibian100%440.000 - 470.000 MHz449.7250 MHz (STL)Region: Kavango East
District: Rundu
City/Town: MTC Tower (Rundu)
15 WFIXEDOwn

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.

If the Authority considers it necessary, it will provide the opportunity to the licensee to respond to the public comments. If the opportunity to respond is granted, it may not be less than fourteen (14) days from the submission of public comments.

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;
(2) by post to the head offices of the Authority, namely Private Bag 13309, Windhoek 9000;
(3) by electronic mail to the following address: legal@cran.na;
(4) by facsimile to the following facsimile number: +264 61 222790; or
(5) by fax to e-mail to: 0886550852.

F.K. MBANDEKA
CHIEF EXECUTIVE OFFICER
COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA


No. 366

2017

NOTICE TO WITHDRAW SPECTRUM USE LICENCE 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 11(1) 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), herewith gives notice that the applicant referred to in the table herein below, intends to permanently discontinue the utilisation of the spectrum and has submitted applications for withdrawal of the licences as indicated in the column herein below to the Authority:

Applicant’s NameApplicant’s citizenship or place of incorporationPercentage of Stock owned by Namibian Citizens or Namibian Companies controlled by Namibian CitizensList of radio frequencies or groups of radio frequencies submitted for withdrawal to the AuthorityDescription of geographic coverage areasLicense Fees OutstandingReasons for the proposed AmendmentsService to be provided using frequency applied forDate on which License intends to permanently discontinue providing services
Telecom Namibia LimitedNamibianPublic Enterprise 100% owned by the Namibia Post and Telecommunications (Pty) Ltd825.22- 830.69 MHz (Uplink)

870.22-875.69 MHz (Downlink)

455.575-457.375 MHz (Uplink)

465.575-467.375 MHz (Downlink)

As published in Government Gazette 5037, dated 13 September 2012.
Within the borders of the Republic of Namibia or any part thereof.NoThe frequencies were utilised for the CDMA system which was discontinued and applicant no longer intends to make use of the allocated frequencies.FIXED MOBILE5th of June 2017

Please note that the rest of the frequencies published on Government Gazette 5037, General Notice No 306, dated 13 September 2012, remain valid.

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 -

(1) by hand to the head offices of the Authority, namely Communication House, 56 Robert Mugabe Avenue, Windhoek;
(2) by post to the head offices of the Authority, namely Private Bag 13309, Windhoek 9000;
(3) by electronic mail to the following address: legal@cran.na;
(4) by facsimile to the following facsimile number: +264 61 222790; or
(5) by fax to e-mail to: 0886550852.

F.K. MBANDEKA
CHIEF EXECUTIVE OFFICER
COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA


No. 367

2017

NOTICE OF AMENDMENT IN TERMS OF REGULATION 11(1) 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 11(1) of the “Regulations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licence”, in Government Gazette No. 4785, General Notice No. 272 dated 29 August 2011, herewith gives notice that the applicant referred to in the table herein below has applied for Amendment to its Spectrum Use Licence with the Authority as set out below:

Applicant’s NameApplicant’s citizenship or place of incorporationPercentage of Stock owned by Namibian Citizens or Namibian Companies controlled by Namibian CitizensList of radio frequencies or groups of radio frequencies submitted for Amendments to the AuthorityDescription of geographic coverage areasReasons for the proposed AmendmentsLicense Fees Outstanding
Telecom Namibia LimitedNamibianPublic Enterprise 100% owned by the Namibia Post and Telecommunications (Pty) Ltd2540.000- 2592.000 MHz

2656.000-2690.000 MHz

As published in Government Gazette 5037, dated 13 September 2012.
NationalAmendment of spectrum licences in 2.6 GHz to change licence conditions to allow for the provision of TD LTE (MOBILE IMT) services in addition to Wi-Max (FIXED)No

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.

If the Authority considers it necessary, it will provide the opportunity to the licensee to respond to the public comments. If the opportunity to respond is granted, it may not be less than fourteen (14) days from the submission of public comments.

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;
(2) by post to the head offices of the Authority, namely Private Bag 13309, Windhoek 9000;
(3) by electronic mail to the following address: legal@cran.na;
(4) by facsimile to the following facsimile number: +264 61 222790; or
(5) by fax to e-mail to: 0886550852.

F.K. MBANDEKA
CHIEF EXECUTIVE OFFICER
COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA


No. 368

2017

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 11(1) 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, herewith gives notice of the following Applicant who has submitted an application for amendment as follows:

Applicant’s nameApplicants citizenship or place of incorporationPercentage of Stock owned by Namibian Citizens or Namibian Companies controlled by Namibian CitizensList of radio frequencies or groups of radio frequencies assigned by the AuthorityProposed Grounds for Modification radio Frequencies or group of frequencies to be assignedReasons for amendmentService provided using frequency assignedParty providing Signal Distribution
99 FM (Pty) LtdNamibian100%99.1 MHz → 1000 Watt (Windhoek)
104.5 MHz → 1000 Watt (Oshakati)
99.8 MHz → 1000 Watt (Erongo)
99.8 MHz → 1000 Watt (Swakopmund)
99.8 MHz → 1000 Watt (Otjiwarongo)
101.7 MHz → 1000 Watt (Tsumeb)
99.1 MHz → 1000 Watt (Windhoek)
104.5 MHz → 500 Watt (Oshakati)
99.8 MHz → 250 Watt (Erongo)
99.8 MHz → 250 Watt (Swakopmund)
99.8 MHz → 100 Watt (Otjiwarongo)
101.7 MHz → 100 Watt (Tsumeb)
Licensee would like to reduce the output power.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.

If the Authority considers it necessary, it will provide the opportunity to the licensee to respond to the public comments. If the opportunity to respond is granted, it may not be less than fourteen (14) days from the submission of public comments.

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;
(2) by post to the head offices of the Authority, namely Private Bag 13309, Windhoek 9000;
(3) by electronic mail to the following address: legal@cran.na;
(4) by facsimile to the following facsimile number: +264 61 222790; or
(5) by fax to e-mail to: 0886550852.

F.K. MBANDEKA
CHIEF EXECUTIVE OFFICER
COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA


No. 369

2017

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 11(1) 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 Applicants referred to in the table below have submitted the following applications to the Authority:

(a) Application for Class Comprehensive Telecommunications Service Licence (ECNS and ECS)

ApplicantApplicant’s Citizenship or place of incorporationPercentage of Stock owned by Namibian Citizens or Namibian Companies controlled by Namibian CitizensCategory of Class Telecommunications service intended to be providedDoes applicant intend to use spectrum in the provision of the telecommunication service?Concise statement on Services intended to be providedDescription of geographic coverage area(s);Proof of Licence Application Fees Paid Up to Date Submitted?
Excellent Communications (Pty) LtdNamibian90%Class Comprehensive Telecommunications Service Licence (ECNS and ECS).Although applicant intends to use spectrum in the provision of the telecommunications services, it is in the spectrum exempt band as contained in the Regulations Regarding Licence Exempt Spectrum¹ and does not require a spectrum use license in this regard.Electronic CommunicationsRepublic of Namibia or any part thereofYes

¹ As published in Government Gazette No. 4839, Notice No. 395 dated 25 November 2011.

(b) Application for Class Comprehensive Telecommunications Service Licence (ECNS and ECS)

ApplicantApplicant’s Citizenship or place of incorporationPercentage of Stock owned by Namibian Citizens or Namibian Companies controlled by Namibian CitizensCategory of Class Telecommunications service intended to be providedDoes applicant intend to use spectrum in the provision of the telecommunication service?Concise statement on Services intended to be providedDescription of geographic coverage area(s)Proof of Licence Application Fees Paid Up to Date Submitted?
Focus Engineering Service CCNamibian100%Class Comprehensive Telecommunications Service Licence (ECNS and ECS).Although applicant intends to use spectrum in the provision of the telecommunications services, it is in the spectrum exempt band as contained in the Regulations Regarding Licence Exempt Spectrum² and does not require a spectrum use license in this regard.Electronic CommunicationsRepublic of Namibia or any part thereofYes

² As published in Government Gazette No. 4839, Notice No. 395 dated 25 November 2011.

(c) Application for a Non-Profit (ECS and ECNS) Telecommunications Service Licence

ApplicantApplicant’s Citizenship or place of incorporationPercentage of Stock owned by Namibian Citizens or Namibian Companies controlled by Namibian CitizensCategory of Class Telecommunications service intended to be providedDoes applicant intend to use spectrum in the provision of the telecommunication service?Concise statement on Services intended to be providedDescription of geographic coverage area(s)Proof of Licence Application Fees Paid Up to Date Submitted?
Pioneerspark Neighbourhood WatchNamibianVoluntary Association established not for gain in terms of a constitution with attributes similar to those of a section 21 company.Non-Profit (ECS and ECNS) Telecommunications Service LicenseAlthough applicant intends to use spectrum in the provision of the telecommunications services, it is in the spectrum exempt band as contained in the Regulations Regarding Licence Exempt Spectrum³ and does not require a spectrum use license in this regard.Electronic CommunicationsPioneerspark - WindhoekYes

³ As published in Government Gazette No. 4839, Notice No. 395 dated 25 November 2011.

(d) Application for Broadcasting Service License

ApplicantApplicant’s Citizenship or place of incorporationPercentage of Stock owned by Namibian Citizens Companies controlled by Namibian CitizensCategory of Broadcasting service intended to be providedProvision of Signal Distribution ServicesWhether applicant intends to use spectrum in providing broadcasting services?Proof of Licence Application Fees Paid Up to Date Submitted?
Econet Media Namibia (Pty) LtdNamibian51%Commercial Broadcasting ServiceNamibia Broadcasting CooperationNoYes

(e) Application for renewal of a Broadcasting Service License

Applicants NameApplicant’s citizenship or place of incorporationPercentage of Stock owned by Namibian Citizens or Namibian Companies Controlled by Namibian CitizensCategory of Broadcasting service licence as contemplated in the Regulations Setting out Broadcasting and Telecommunications Service Licence categoriesProvision of signal distributionBreach of LicenseProof of Application fees paid up to date submitted?
Oranjemund Community RadioNamibianNon-profit entity established in terms of a constitution with attributes similar to a Section 21 Company.Community Broadcasting Service LicenceOwnNo 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 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 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;
(2) by post to the head offices of the Authority, namely Private Bag 13309, Windhoek 9000;
(3) by electronic mail to the following address: legal@cran.na;
(4) by facsimile to the following facsimile number: +264 61 222790; or
(5) by fax to e-mail to: 088642748.

F.K. MBANDEKA
CHAIRPERSON OF THE BOARD OF DIRECTORS
COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA


No. 370

2017

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(3) 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 read with section 42(2) of the Communications Act, 2009, herewith proposes that the following persons Spectrum Use License be modified:

LicenseePercentage of Stock owned by Namibian Citizens or Namibian Companies controlled by Namibian CitizensLicence to be ModifiedRadio Frequencies or group of frequencies to be modifiedGrounds for ModificationProposed radio Frequencies or group of frequencies to be assigned after modificationService provided using frequency assignedParty providing Signal Distribution
Trustco Administrative Support Services (Pty) Ltd100%Spectrum Use Licence106.0 MHz (Keetmanshoop)
104.9 MHz (Mariental)
The Licensee has been wrongly assigned with the frequency 104.9 for Mariental which is 100KHz away from NBC Lozi service on 104.8 MHz in the some town and 106 MHz assigned to Omulunga Radio (Pty) Ltd in Keetmanshoop.88.2 MHz (Keetmanshoop)
104.0 MHz (Mariental)
Broadcasting ServiceOwn

The public may submit comments in writing to the Authority within a period of thirty (30) days from the date of publication of this notice in the Gazette.

If the Authority considers it necessary, it will provide the opportunity to the licensee to respond to the public comments. If the opportunity to respond is granted, it may not be less than fourteen (14) days from the submission of public comments.

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;
(2) by post to the head offices of the Authority, namely Private Bag 13309, Windhoek 9000;
(3) by electronic mail to the following address: legal@cran.na;
(4) by facsimile to the following facsimile number: +264 61 222790; or
(5) by fax to e-mail to: 0886550852.

F.K. MBANDEKA
CHAIRPERSON OF THE BOARD OF DIRECTORS
COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA


No. 371

2017

NOTICE IN TERMS OF REGULATION 11 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 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, herewith gives notice that the withdrawal applications for the spectrum use license of the following licensees have been approved:

1. Paratus Telecommunications (Pty) Ltd

The Authority approved the withdrawal of the spectrum use licences for the provision of electronic communications services as set out hereunder -

2. Namibia Broadcasting Cooperation

The Authority approved the withdrawal of the spectrum use licences as was awarded for the provision of analogue television broadcasting services as set out hereunder -

3. One Africa Television (Pty) Ltd

The Authority approved the withdrawal of the spectrum use licences is in respect of the following analogue television broadcasting frequencies -

4. Conclusion

Kindly take note that section 31 of the Communications Act, 2009 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.

Please note that the reasons for the Authority’s decision may be obtained 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. The reasons for the Authority’s decision are also available at www.cran.na where copies may be downloaded free of charge.

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


No. 372

2017

NOTICE IN TERMS OF SECTION 81 OF THE COMMUNICATIONS ACT, 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 (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 Mobile Telecommunications Limited Ltd has been approved.

The Authority has approved the award of a number licence to Mobile Telecommunications Limited for –

Leading DigitUseRange
889 – Machine-to-Machine890810000000 - 890819999999

Kindly take note that section 31 of the Communications Act, 2009 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.

Kindly note further that the reasons for the Authority’s decision may be obtained 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. The reasons for the Authority’s decision are also available at www.cran.na where copies may be downloaded free of charge.

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


No. 373

2017

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 11(1) of the “Regulations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licences”, as published in Government Gazette No. 4785, Notice No. 272, dated 29 August 2011, herewith gives notice that the person referred to in the table below has submitted the following application to the Authority:

Applicant’s NameApplicant’s citizenship or place of incorporationPercentage of Stock owned by Namibian Citizens or Namibian Companies controlled by Namibian CitizensList of radio frequencies or groups of radio frequencies applied forList of radio frequencies or groups of radio frequencies being considered for assignment by the AuthorityDescription of geographic coverage areasLicense Fees OutstandingService to be provided using frequency applied for
MTN Business Namibia (Pty) LimitedRepublic of South Africa30%¹3447-3505 MHz (TDD)

Uplink: 1920-1980 MHz (FDD)

DownLink: 2110-2170 MHz (FDD)
3538.5-3596.5 MHz

Uplink: 1940-1960 MHz

DownLink: 2130-2150 MHz
Namibia or any part thereofNoFIXED MOBILE

¹ Subject to the provisions of section 46(2) of the Communications Act, 2009 (Act No. 8 of 2009).

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 -

(1) by hand to the head offices of the Authority, namely Communication House, 56 Robert Mugabe Avenue, Windhoek;
(2) by post to the head offices of the Authority, namely Private Bag 13309, Windhoek 9000;
(3) by electronic mail to the following address: legal@cran.na;
(4) by facsimile to the following facsimile number: +264 61 222790; or
(5) by fax to e-mail to: 0886550852.

F.K. MBANDEKA
CHAIRPERSON OF THE BOARD OF DIRECTORS
COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA


No. 374

2017

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 11(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 (as amended), herewith gives notice that, pursuant to the provisions of section 35(2) of the Communications Act, 2009 (Act No 8 of 2009) it has approved the transfer of interest of the Telecommunications Service Licence and all Spectrum Use Licences of Mobile Telephone Networks Business Solutions Namibia (Pty) Ltd as follows:

DECISION OF THE AUTHORITY

Mobile Telephone Networks Business Solutions Namibia (Pty) Ltd (hereinafter referred to as “MTN Business Nam”), was granted an exemption in terms of section 46(2) of the Communications Act, in respect of its foreign shareholding of 100% by MTN Group Limited by the Minister of ICT on 2 September 2013. The exemption was subject to the condition that 30% of its registered stock devolves to Namibian shareholders within three (3) years from 2 September 2013. This decision was published as General Notice No. 41 in Government Gazette No. 5411 dated 17 February 2014.

It must be noted that this is a notification in terms of section 35(2) as the transaction does not result in a transfer of control. In terms of regulation 7(2) of the “Regulations Regarding licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licences” a Transfer of ownership interests not resulting in a transfer of control does not require prior approval from the Authority, however the Authority must be notified of the impending change.

However, owing to the fact that the transaction resulted from a license condition, the Authority is required to review it to ensure compliance with the license condition and make a new resolution in respect of the licence award.

The Authority thus approves the award of a Class Comprehensive Telecommunications Services (ECS and ECNS) to Mobile Telephone Networks Business Solutions Namibia (Pty) Ltd, subject only to the provisions of the Communications Act, 2009 (Act No 8 of 2009) and Regulations regarding Licence Conditions for Telecommunications Service Licences as published in Government Gazette No. 5037, Notice No. 308 dated 13 September 2012.

The approved transfer of interest will be as follows:

New OwnerNew Percentage of SharesNationality
MTN Business Solutions (Pty) Ltd70%South African
Profile Technologies (Pty) Ltd30%Namibian

Any party aggrieved by this decision may file an application for reconsideration in terms of section 31 of the Communications Act. Some of the information in this decision has been excluded from this notice due to the fact that it was submitted as confidential pursuant to the provisions of section 28 of the Communications.

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


No. 375

2017

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 Paratus Telecommunications (Pty) Ltd has filed for a tariff amendment of its Wi-max tariff by withdrawing the Entry Level product (as set out in Schedule 1 herein) from its Wi-max tariff as published in the Government Gazette No. 5908, General Notice No. 570 dated 24 December 2015.

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.

Paratus Telecommunications (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 -

(1) by hand to the head offices of the Authority, namely Communication House, 56 Robert Mugabe Avenue, Windhoek;
(2) by post to the head offices of the Authority, namely Private Bag 13309, Windhoek 9000;
(3) by electronic mail to the following address: legal@cran.na;
(4) by facsimile to the following facsimile number: +264 61 222790; or
(5) by fax to e-mail to: 0886550852.

F.K. MBANDEKA
CHAIRPERSON OF THE BOARD OF DIRECTORS
COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA


SCHEDULE 1

SUBMISSION OF PROPOSED TARIFFS BY PARATUS TELECOMMUNICATIONS LIMITED

COMMUNICATIONS ACT, 2009

The following are the proposed tariff amendment as submitted by Paratus Telecommunications (Pty) Ltd to be withdrawn from the Wi-max package:

WI-MAX PACKAGES

ProductBandwidth SpeedsCAPMonthly Fee (NAD)Resseller Monthly Fee (NAD)
Entry LevelUp to: 4Mbps Down/ 2 Mbps Up15 GB299.00270.00

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.