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Gazette 6773

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GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA

N$15.00

WINDHOEK - 22 November 2018

No. 6773

CONTENTS

Page

GENERAL NOTICE

No. 672

Communications Regulatory Authority of Namibia: Notice of intention to make Regulations prescri-

bing License Categories and Licensing Procedures for Postal Service Licensees: Communications

Act, 2009

General Notice

COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA

No. 672

NOTICE OF INTENTION TO MAKE REGULATIONS PRESCRIBING LICENSE CATEGORIES AND LICENSING PROCEDURES FOR POSTAL SERVICE LICENSEES: COMMUNICATIONS ACT, 2009

The Communications Regulatory Authority of Namibia (hereafter ‘the Authority’) in terms of regulation 4(3) of the Regulations regarding Rule-Making Procedures published as General Notice No. 334 of 17 December 2010 (hereafter ‘the Regulations regarding Rule-Making Procedures’) publishes this notice of intention to make ‘Regulations prescribing License Categories And Licensing Procedures For Postal Service Licensees’, which contains the following:

  1. A concise statement of the purpose for the proposed Regulations as set out in Schedule 1;
  2. A draft of the proposed Regulations as set out in Schedule 2.

The Authority in terms of regulation 7 of the Regulations regarding Rule-Making Procedures further gives notice herewith that it will hold a public hearing regarding the proposed Regulations as follows:

Members of the public are invited to make oral submissions at the aforesaid public hearing subject to the following:

  1. Any person desirous to make oral submissions at the aforesaid public hearing must deliver written notice thereof to the Authority not later than 5 days before the date of the hearing. Such written notice must be accompanied by concise statement setting out the basis and rationale of the oral submissions.
  2. Oral submissions made at the aforesaid public hearing must -
  1. The aforesaid notice of oral submissions and concise statement must be delivered to the Authority either physically or electronically as follows:

Members of the public are further invited to make written submissions to the Authority no later than 31 days from the date of publication of this notice of intention to make regulations, in the manner set out below for making written submissions.

Reply comments to written submissions may be submitted to the Authority.

All written submissions must -

All written submissions must be delivered to the Authority in the manner provided above for the delivery of notices of oral submissions.

F. KISHI
CHAIRPERSON OF THE
COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA

No.

SCHEDULE 1

CONCISE STATEMENT OF PURPOSE

The objects of the proposed Regulations are to -

  1. prescribe license categories for postal services providers;
  2. set up a formalised process for the granting, amendments, transfers, renewals and withdrawals and suspensions of postal services licences;
  3. have an established licensing regime through license applications for the postal sector from the day of coming into force of Part 7 of the Communications Act, 2009.

SCHEDULE 2

GENERAL NOTICE

PROPOSED REGULATIONS PRESCRIBING LICENSE CATEGORIES AND LICENSING PROCEDURES FOR POSTAL SERVICE LICENSEES AND LICENCE FEES: COMMUNICATIONS ACT, 2009

In terms of section 98 read with section 129 of the Communications Act, 2009 (Act No. 8 of 2009) the Communications Regulatory Authority, with the approval of the Minister responsible for Communications, makes the Regulations set out in the Schedule.

F. KISHI
CHAIRPERSON OF THE BOARD

SCHEDULE

ARRANGEMENT OF REGULATIONS

PART 1

INTRODUCTORY PROVISIONS

  1. Definitions
  2. Objects and application of Regulations
  3. Submission of documents to the Authority

PART 2

POSTAL SERVICE LICENSES

  1. Categories of postal service licenses

  2. Application procedures for NamPost to obtain designated postal operator license

  3. Basic and supplementary service obligations reserved for NamPost

  4. Application procedures for private postal service license

  5. Duration of and conditions pertaining to postal service license

  6. Material breaches of postal service license

  7. Renewal of postal service licenses

  8. Transfer of postal service licenses

  9. Refusal to issue or approve the transfer of a postal service license

  10. Amendment of postal service license

PART 3 APPLICATION FEES

PART 4 ENFORCEMENT

PART 5 GENERAL

  1. Application fees
  2. Regulatory actions
  3. Time frames for decisions
  4. Confidential information
  5. Record of proceedings
  6. Publication of licensing decisions and register of licenses
  7. Reconsideration

Definitions

  1. In these Regulations, any word or expression to which a meaning is assigned in the Act has that meaning, and -

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

‘private postal service license’ means a license issued in terms of regulation 7 enabling the licensee to render postal services;

‘NamPost’ means Namibia Post Limited established by section 2(1)(a) of the Posts and Telecommunications Companies Establishment Act, 1992 (Act No. 17 of 1992);

‘postal article’ means any letter, telegram, postcard, reply postcard, letter card, envelope, book, packet, pattern, or sample packet or any parcel or other article when in the course of transmission by a postal service licensee;

‘postal service license’ or ‘licence’ means -

as the case may be;

‘postal service licensee’ or ‘licensee’ means the holder of a license;

‘the designated postal operator license’ means a license issued in terms of regulation 5 to NamPost to render postal services;

PART 1 INTRODUCTORY PROVISIONS

‘Universal Postal Convention’ means the Universal Postal Convention issued by the Universal Postal Union and which entered into force on 1 January 2014, and includes the Final Protocol to the Universal Postal Convention;

‘universal postal services’ means the permanent provision of quality basic postal services at all points in Namibia, for all customers, at affordable prices; and

‘Universal Postal Union’ means the Universal Postal Union, established by the Treaty of Bern of 1874, which is a specialized agency of the United Nations that coordinates postal policies among member nations, in addition to the worldwide postal system.

Objects and application of Regulations

  1. (1) The objects of these Regulations are to -

Submission of documents to the Authority

  1. Whenever documents are required to be delivered to the Authority, such documents must be delivered physically or electronically -

PART 2 POSTAL SERVICE LICENSES

Categories of postal service license

  1. An application may be made for the following categories of postal service license, namely-

Application procedures for NamPost to obtain designated postal operator license
5. (1) Within six months from the date
THE Minister has published the notice contemplated in section 95(2) of the Act NamPost must apply to the Authority for the designated postal operator license

Basic and supplementary service obligations reserved for NamPost

  1. In terms of section 98(c) of the Act, only NamPost as the holder of the designated postal operator license must provide the basic and supplementary services more fully described in Article 17 of Section IV of the Universal Postal Convention, which are incorporated herein by reference.

Application procedures for private postal service license

  1. (1) Every person who immediately before the commencement of these Regulations was rendering postal services in Namibia must, within 90 days after the commencement of these Regulations, apply to the Authority for a private postal service license, if that person intends to continue rendering such postal services.

Duration of and conditions pertaining to postal service license

  1. (1) Any postal service license issued in terms of these Regulations is valid for 20 years.

Material breaches of postal service license

  1. Without limiting any other grounds on which the Authority may withdraw or suspend a postal service licence in terms of the Act, the following events, whether specified as a licence condition or not, constitute material breaches of a postal service licence by a postal service licensee justifying the withdrawal or suspension of the licence concerned -

Renewal of postal service licenses

  1. (1) The Authority may renew a postal service licence on the application of a postal service licensee on Form 3 .

Transfer of postal service licenses

  1. (1) A postal service license must be used solely by the holder thereof and is only transferable to another person with the prior approval of the Authority upon application for such transfer by such other person.

Refusal to issue or approve the transfer of a postal service license

  1. (1) If the Authority intends to refuse to issue or approve the transfer of a postal service license, the Authority must inform the applicant of the reasons for such intended refusal and invite the applicant to make written submissions on why such issue or transfer should not be refused.
  1. in the form determined, and subject to the conditions imposed, by the Authority; or

Amendment of postal service license

  1. (1) A postal service licensee may on Form 5 apply to the Authority for amendment of that licensee’s postal service licence.

PART 3 APPLICATION FEES

Application fees

  1. The fees payable in respect of a new license application, an amendment application, a transfer of license application or a renewal application, as the case may be for each of the different categories of postal service license are set out in the table below, as follows:
Category of LicenseNew License ApplicationAmendment ApplicationTransfer of License ApplicationRenewal Application
Designated postal operator licenseN$ 10 000N$ 10 000N$ 10 000N$ 10 000
Private postal service licenseN$ 10 000N$ 10 000N$ 10 000N$ 10 000

PART 4 ENFORCEMENT

Regulatory actions

  1. (1) The Authority may exercise any of the powers conferred upon it in terms of the Act for ensuring compliance of these Regulations.

PART 5 GENERAL

Time frames for decisions

  1. (1) If any applicant does not provide all of the information required by these Regulations in the time provided, the Authority may refuse to issue a postal service license or approve the transfer of such license.

Confidential information

  1. If a person has designated information or documentation submitted to the Authority as confidential, the provisions of section 28 of the Act apply.

Record of proceedings

  1. All documents deemed relevant by the Authority for purposes of any license application proceedings contemplated by the Act and these Regulations must be maintained by the Authority separately for each application proceeding in files located at the head office of the Authority and if practicable, may be uploaded on the Authority’s website.

Publication of licensing decisions and register of licenses

  1. (1) All decisions made in terms of these Regulations and the relevant provisions of the Act must be communicated to applicants and licensees and other relevant parties in writing, and may be published in the Gazette .

Reconsideration

  1. (1) The Authority may in terms of section 31 of the Act reconsider any decision or order made in terms of these Regulations, within 90 calendar days from the date of making that decision or issuing that order.

CRAN: FORM 1

Regulation 5

Application Form: Designated Postal Operator License

In terms of the Regulation 5 of the Regulations Prescribing License Categories And Licensing Procedures For Postal Service Licensees published in General Notice No……. of 2018 Namibia Post Limited established by section 2(1)(a) of the Posts and Telecommunications Companies Establishment Act, 1992 (Act No. 17 of 1992) is required to complete this application for the designated postal operator license.

After completing the form in full, sign it and submit it to the Authority as required by Regulation 5, along with the applicable application fee or proof that the application fee has been paid to the Authority.

A. APPLICANT

Applicant (Full and official names)
Company Registration Number of Applicant

B. CONTACT PERSON

Contact Person

(full and official names)

Physical Address

Postal Address

Telephone number(s)

Facsimile number(s)

Electronic mail address(es)

C. OWNERSHIP INTERESTS

Owner NamePercentage of OwnershipNationality

D. FOREIGN OWENRSHIP INTERESTS

Provide full details regarding ownership interest in the license, if any.

E. TYPES OF SERVICES TO BE PROVIDED

Set out a complete, accurate and concise statement of the postal services you intend to provide, including a description a diagram of the geographical area(s) you intend to cover over the license duration period.

PLEASE NOTE:

Signed by _______________________________ at_______________________ in his/her capacity as___________________________, duly authorized and warranting such authority that the information herein is true an correct, on the __day of_____________20________

Signature

ACKNOWLEDGEMENT OF RECEIPT BY CRAN

Name

Date

Place

Signature

CRAN: FORM 2 Regulation 6

Application Form: Private Postal Service License

In terms of the Regulation 6 of the Regulations Prescribing License Categories And Licensing Procedures For Postal Service Licensees published in General Notice No……. of 2018 a person intending to provide a postal service is required to complete this application for a private postal service license.

After completing the form in full, sign it and submit it to the Authority as required by Regulation 7, along with the applicable application fee or proof that the application fee has been paid to the Authority.

A. APPLICANT

Applicant (Full and official names)
ID or Registration Number of Applicant

B. CONTACT PERSON

Contact Person

(full and official names)

Physical Address

Postal Address

Telephone number(s)

Facsimile number(s)

Electronic mail address(es)

C. OWNERSHIP INTERESTS

Owner NamePercentage of OwnershipNationality

D. FOREIGN OWENRSHIP INTERESTS

Provide full details regarding ownership interest in the license, if any.

E. TYPES OF SERVICES TO BE PROVIDED

Set out a complete, accurate and concise statement of the postal services you intend to provide, including a description a diagram of the geographical area(s) you intend to cover over the license duration period.

PLEASE NOTE:

Signed by _______________________________ at _______________________ in his/her capacity as___________________________, duly authorized and warranting such authority that the information herein is true an correct, on the __ day of_____________20________

Signature

ACKNOWLEDGEMENT OF RECEIPT BY CRAN

Name

Date

Place

Signature

CRAN: FORM 3

Regulation 10

Application Form: Renewal of Postal Service License

In terms of the Regulation 10 of the Regulations Prescribing License Categories And Licensing Procedures For Postal Service Licensees published in General Notice No……. of 2018 a person intending to renew a postal service license is required to complete this renewal application form.

After completing the form in full, sign it and submit it to the Authority as required by Regulation 10, along with the applicable application fee or proof that the application fee has been paid to the Authority.

A. LICENSE

License Type

License Number

B. LICENSEE

Licensee

ID or Registration

C. CONTACT PERSON

Contact Person (full names)

Physical Address

Postal Address

Telephone number(s)

Facsimile number(s)

Electronic mail address(es)

D. STATEMENT OF BREACH/ALLEGED BREACH BY LICENSEE

Set out a complete an accurate statement detailing any action taken by the Authority or other entity with competent jurisdiction in relation to any breach or alleged breach by the licensee of the Act, regulations made in terms of the Act, or the licensee’s license conditions.

E. ANY OTHER INFORMATION

Provide any other information you believe might be relevant to the Authority in considering this application.

PLEASE NOTE:

Signed by ___________________ at ______________________ in his/her capacity as, duly authorized and warranting such authority and warranting that the information provided herein is true and correct, on the ___ day of_____________, 20________________.

Signature

ACKNOWLEDGEMENT OF RECEIPT BY CRAN

Name
Date
Place
Signature

CRAN: FORM 4 Regulation 11

Application Form: Transfer of Postal Service License

In terms of Regulation 11 of the Regulations Prescribing License Categories And Licensing Procedures For Postal Service Licensees published in General Notice No……. of 2018 a licensee intending to transfer its license or transfer control of its license must submit an application to the Authority on this form. .

After completing the form, sign it and submit it to the Authority as required by Regulation 11 along with the applicable application fee or proof that the application fee has been paid to the Authority.

A. LICENSE

Set out details of the license and attach copy of the license.

License Type

License Number

B. LICENSEE

Licensee

ID or Registration Number of Licensee

C. CONTACT PERSON

Contact Person (full and official names)

Physical Address

Postal Address

Telephone number(s)

Facsimile number(s)

Electronic mail address(es)

D. TRANSFEREE

Transferee

ID or Registration Number of Transferee

E. CONTACT PERSON

Contact Person (full and official names)

Physical Address

Postal Address

Telephone number(s)

Facsimile number(s)

Electronic mail address(s)

SIGNATURE

ACKNOWLEDGEMENT OF RECEIPT BY CRAN

Name
Date
Place
Signature

CRAN: FORM 5

Regulation 13

Application Form: Amendment of Postal Service License

In terms of Regulation 13 of the Regulations Prescribing License Categories And Licensing Procedures For Postal Service Licensees published in General Notice No……. of 2018 a licensee seeking to amend its license must submit an application to the Authority on this form. .

After completing the form, sign it and submit it to the Authority as required by Regulation 13 along with the applicable application fee or proof that the application fee has been paid to the Authority.

A. LICENSE

Set out details of the license and attach a copy of the license.

License Type

License Number

B. LICENSEE

Licensee

ID or Registration Number of Licensee

C. CONTACT PERSON

Contact Person (full and official names)

Physical Address

Postal Address

Telephone number(s)

Facsimile number(s)

Electronic mail address(es)

D. AMENDMENT

Set out a complete accurate and concise statement of the proposed amendment.

E. REASON FOR THE PROPOSED AMENDMENT

Set out a complete, accurate and concise statement of the reason for the proposed amendment.

F. ANY OTHER INORMATION

Provide any other information you believe might be relevant to the Authority in considering this application.

PLEASE NOTE:

Signed by _______________________ at ________________________ in his/her capacity as___________________________, duly authorized and warranting such authority and warranting that the information provided herein is true and correct, on the ___ day of ____________20______.

Signature

ACKNOWLDGEMENT OF RECIPIENT BY CRAN

Name

Date

Place

Signature

CRAN: FORM 6

Regulation 22

Reconsideration Form

In terms of regulation 22 of the Regulations regarding Procedures for Adjudication of Disputes, applications for reconsideration must be submitted on this form within thirty (30) days from date of receipt of the Authority’s decision.

A. APPLICANT

APPLICANT: ___________________________________________________________________

Physical Address: ________________________________________________________________

Postal Address: __________________________________________________________________

Telephone number(s): _____________________________________________________________

Facsimile number(s): ______________________________________________________________

Electronic mail

address(es): _____________________________________________________________________

B. CONTACT PERSON (IF DIFFERENT FROM APPLICANT)

Contact Person: __________________________________________________________________

Physical Address: ________________________________________________________________

Postal Address: __________________________________________________________________

Telephone number(s): _____________________________________________________________

Facsimile number(s): ______________________________________________________________

Electronic mail

address(es): _____________________________________________________________________

C. RESPONDENT

Respondent: _____________________________________________________________________

Contact Person: __________________________________________________________________

Physical Address: ________________________________________________________________

Postal Address: __________________________________________________________________

Telephone number(s): _____________________________________________________________

Facsimile number(s): ______________________________________________________________

Electronic mail

address(es): _____________________________________________________________________

D. SUMMARY OF GROUNDS FOR RECONSIDERATION

Provide an accurate and concise statement of the grounds illustrating why the Authority should reconsider its decision.

E. RELIEF SOUGHT

Provide a clear and concise statement of the specific relief or remedy sought.

F. LIST OF DOCUMENTS SUPPORTING REQUEST FOR RECONSIDERATION

Provide a detailed list of the documents you wish to use in support of your request for reconsideration. Please further ensure that the listed documents are attached to this form.

G. ANY OTHER INFORMATION

Provide any other relevant information.

Signed by _____________________________ at __________________________ in his/her/its 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 OF RECEIPT BY CRAN:

  1. Name:

  2. Date:

  3. Place:

  4. Signature: