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Gazette 7216

ORIGINAL PDF

GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA

N$6.60

WINDHOEK - 19 May 2020

No. 7216

CONTENTS

Page

GENERAL NOTICE

No. 187 Communications Regulatory Authority of Namibia: Notice of intention to make Regulations Prescribing Fees for Spectrum Licences, Certificates and Examinations: Communications Act, 2009


General Notice

COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA

No. 187

NOTICE OF INTENTION TO MAKE REGULATIONS PRESCRIBING FEES FOR SPECTRUM LICENCES, CERTIFICATES AND EXAMINATIONS: 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 Fees for Spectrum Licenses, Certificates and Examinations’, 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:

DATE:

TBA

TIME:

TBA

VENUE:

TBA

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 10 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.

H. M. GAOMAB II
CHAIRPERSON OF THE
COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA

Definitions

  1. In these Regulations, any word or expression to which a meaning is assigned in the Act, has the same meaning and -
  2. ‘AM’ means amplitude modulation;
  3. ‘Authority’ means the Communications Regulatory Authority of Namibia;
  4. ‘certificate’ means a certificate of proficiency referred to in section 101(3)(i) of the Act;
  5. ‘DAB’ is an acronym for Digital Audio Broadcasting;
  6. ‘DRM’ is an acronym for Digital Radio Mondiale;
  7. ‘examination’ means an examination referred to in section 101(10) of the Act;

‘Frequency Band Plan’ means the Frequency Band Plan of Namibia published under General Notice No. 424 of 28 October 2016;

SCHEDULE 1 CONCISE STATEMENT OF PURPOSE

  1. The proposed Regulations are to prescribe the fees payable in respect of -
  1. The proposed Regulations further seek to repeal the Regulations Setting Out Fees for Spectrum Licences, Certificates and Examinations, published under General Notice No. 155 of 1 June 2017.

PROPOSED REGULATIONS SETTING OUT FEES FOR SPECTRUM LICENCES, CERTIFICATES AND EXAMINATIONS: COMMUNICATIONS ACT, 2009

In terms of section 38(5), 101 and 129 of the Communications Act, 2009 (Act No. 8 of 2009) the Communications Regulatory Authority of Namibia -

SCHEDULE

‘HF’ is an acronym for high frequency, which is the ITU designation for radio waves between 3 MHz and 30 MHz;

‘IMT’ is an acronym for International Mobile Telecommunications, which is the generic term used by the ITU to designate broadband mobile systems;

‘ITU’ is an acronym for International Telecommunications Union, which is a United Nations specialised agency for information and communications technologies;

‘licensee’ means any person to whom a spectrum license has been issued in terms of the Regulations Pertaining to Spectrum Licenses;

‘MHz’ is an acronym for megahertz, which is the measurement used to indicate the transmission speed of electronic devices where a megahertz represents one million cycles per minute;

‘non-urban area’ means any location within the borders of the Republic of Namibia outside an urban area;

‘Regulations Pertaining to Spectrum Licenses’ means the Regulations Prescribing Procedures Regarding Application for, and Amendment, Renewal, Transfer and Cancellation of Spectrum Licenses published under General Notice No. 104 of 29 April 2019;

‘satellite news gathering’ means temporary and occasional transmission with short notice of television or sound for broadcasting purposes using portable or transportable uplink earth stations operating in the framework of a fixed satellite service;

‘spectrum license’ means a spectrum license conferred on a licensee in terms of the Regulations Pertaining to Spectrum Licenses;

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

‘VHF’ is an acronym for very high frequency, which is the ITU designation for radio waves between 30 MHz and 300 MHz;

‘UHF’ is an acronym for ultrahigh frequency, which is the ITU designation for radio waves between 300 MHz and 3 GHz; and

‘urban area’ means any location within the area of a local authority established and declared under section 3 of the Local Authorities Act, 1992 (Act No. 23 of 1992).

Objects and application of Regulations

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

General provisions

  1. (1) A spectrum licence is issued and the right to utilise spectrum is conferred in accordance with the Regulations Pertaining to Spectrum Licenses.

Flat fees relating to spectrum licence, certificate or examination

  1. (1) The fees set out for items 1, 2, 3, 4, 5, 6 and 9 of Table 1 below are payable annually in advance and in full, and are not refundable in full or in part, regardless if a spectrum licence or the authorisation to utilise spectrum in terms of such licence pertaining to such fees -

TABLE 1 SPECTRUM LICENCES, CERTIFICATES AND EXAMINATIONS FEES

TYPE OFSPECTRUM LICENCE, CERTIFICATE OR EXAMINATIONTYPE OFSPECTRUM LICENCE, CERTIFICATE OR EXAMINATIONFEES (N$)
1.AMATEUR RADIOAMATEUR RADIO
1.1All classes of amateur radio spectrum licences119.00
1.2Beacon119.00
1.3Examination119.00
1.4Guest or special event spectrum licence119.00
1.5Repeater station119.00
2.AERONAUTICALAERONAUTICAL
2.1Aircraft station238.00
2.2Glider / microlight119.00
2.3Ground station143.00
2.4Navigation aids / beacons119.00
2.5Operator certificate radiotelephony (including duplicate)Operator certificate radiotelephony (including duplicate)119.00
3.MARITIME
3.1BeaconBeacon119.00
3.2Operator certificate radiotelephony (including duplicate)Operator certificate radiotelephony (including duplicate)119.00
3.3Ship Station
3.3.1ITU assigned frequencies356.00
3.3.2 Any additional VHF or HF frequencies3.3.2 Any additional VHF or HF frequencies1,188.00
3.4Coast StationCoast Station
3.4.1ITU assigned frequencies356.00
3.4.2Any additional VHF or HF frequencies1,188.00
3.4.3Yacht and ski-boat stations119.00
4.LAND MOBILE SERVICELAND MOBILE SERVICE
4.1Private alarm station (see item 6.1 for alarm systems)Private alarm station (see item 6.1 for alarm systems)396.00
4.2Base Mobile StationBase Mobile Station
4.2.127/29 MHz band (including CB band)119.00
4.2.2VHF/UHF per simplex frequency in urban areas238.00
4.2.3VHF/UHF per simplex frequency in non-urban areas143.00
4.3Repeater (private and exclusive)Repeater (private and exclusive)
4.3.1Duplex frequency urban areas2,613.00
4.3.2Duplex frequency non-urban areas950.00
4.3.3Simplex frequency (Parrot repeater)428.00
4.3.4Any additional simplex frequency (per frequency)238.00
4.4Experimental StationExperimental Station
4.4.1Experimental station valid for 6 months238.00
4.6National Occupancy (Base Mobile Station)National Occupancy (Base Mobile Station)
4.6.1Not shared1900.00
4.6.2Shared238.00
5.HIGH FREQUENCY(HF) RADIOHIGH FREQUENCY(HF) RADIO
5.1Fixed/mobile StationFixed/mobile Station356.00
5.2Fixed radio station above 400WattFixed radio station above 400Watt2,375.00
6.RADIO COMMUNICATIONS SYSTEMSRADIO COMMUNICATIONS SYSTEMS
6.1AlarmAlarm
6.1.1Urban complexes (per control room and per frequency)7,918.00
6.1.2All other areas (per control room and per frequency)1,980.00
6.2Load management (including telemetry)Load management (including telemetry)7,918.00
6.3Paging (one-way)Paging (one-way)
6.3.1Commercial
6.3.1.1 Application2,474.00
6.3.1.2 Per control room11,877.00
6.3.2Private
6.3.2.1 Per control room and per frequency238.00
6.4Radio trunkingRadio trunking
6.4.1 For amaximum of one control channel per base station1,189.00
6.4.2For each additional double frequency or if only one channel is used at a base station5,939.00
6.5Repeater (Community/Shared)Repeater (Community/Shared)
6.5.1Urban area per duplex frequency (commercial use)5,464.00
6.5.2All other areas per duplex (commercial use)2,850.00
6.5.3All other areas per duplex (farmers associations only)1,188.00
7.SATELLITE SERVICES (LAND, MOBILE, MARITIME)SATELLITE SERVICES (LAND, MOBILE, MARITIME)SATELLITE SERVICES (LAND, MOBILE, MARITIME)
7.1ImmarsatImmarsatImmarsat
7.1.1Aterminal3,563.00
7.1.2B,C and Mterminal (64 kbit/s)1,425.00
7.1.3D terminal (data only) RB GAN594.00
7.2Satellite digital uplink per 128 kbits/sSatellite digital uplink per 128 kbits/s3,959.00
7.3Uplink Broadcasting Signal Distribution Fixed Satellite Earth StationUplink Broadcasting Signal Distribution Fixed Satellite Earth Station59,386.00
7.4Mobile or fixed satellite news gathering station (per month or part thereof)Mobile or fixed satellite news gathering station (per month or part thereof)5,939.00
8.BROADCASTING SERVICESBROADCASTING SERVICESBROADCASTING SERVICES
8.1Analogue FM Radio Broadcasting TransmitterAnalogue FM Radio Broadcasting TransmitterAnalogue FM Radio Broadcasting Transmitter
8.1.10.000 up to 100.999 Watt (ERP)849.00
8.1.2101.000 up to 999.999 Watt (ERP)1,697.00
8.1.31000 Watt (ERP) and above2,546.00
8.2Digital Terrestrial Television Broadcasting TransmitterDigital Terrestrial Television Broadcasting Transmitter
8.2.10.000 up to 100.999 Watt (ERP)9,251.00
8.2.2101.000 up to 999.999 Watt (ERP)11,373.00
8.2.31000 Watt (ERP) and above14,173.00
8.3DAB Digital Radio Broadcasting TransmitterDAB Digital Radio Broadcasting Transmitter(12 channels per frequency)
8.3.1Regional13,740.00 per transmitter
8.3.2National Single Frequency Network13,740.00 per transmitter
8.4DRM30 Digital Radio Broadcasting TransmitterDRM30 Digital Radio Broadcasting Transmitter(4 channels per frequency)
8.4.10.000 up to 1000 kW(ERP)13,740.00 per transmitter
8.5Other broadcasting servicesOther broadcasting services
8.5.1Special event broadcast spectrum licence maximum 10 Watt (fee per day up to a maximum capped fee equal to 30 days’ daily fee. If period thereafter exceeds 30 days the maximum fee shall then apply)1,188.00 Maximum fee: 30,146.00
8.5.2Outside broadcasting vehicle links (per event irrespective of duration)7,918.00
9.MISCELLANEOUSMISCELLANEOUS
9.1National Security ForcesNational Security Forces130,649.00
9.2Namibia Defence ForceNamibia Defence Force130,649.00
9.3Competency certificate (radios above 400 Watt)Competency certificate (radios above 400 Watt)119.00
9.4Duplicate spectrum licencesDuplicate spectrum licences119.00
9.5Amendment of spectrum licenceAmendment of spectrum licence99.00
9.6Photocopies perA4 sheetPhotocopies perA4 sheet2.00

Formula-based fees

  1. (1) For purposes of this regulation -

Annual spectrum fee = BWF x FBF x CF x SHRF x GEOF x BV

total expected spectrum management costs - expected revenue raise from flat spectrum fees

$$BV = _______________________________________________________________________$$

expected Ʃ( BWxFBFxCFxSHRFxGEOFxTF

TABLE 2 FREQUENCY BAND FACTOR: FIXED SERVICES (INCLUDING POINT-TO-POINT AND POINT-TO-MULTIPOINT FIXED LINKS)

Frequency RangeFrequency RangeFrequency Band Factor
FromTo(FBF)
14 KHz1350 MHz0.5
1350 MHz1427 MHz0.75
1427 MHz1675 MHz1.5
1785 MHz1805 MHz1
2023 MHz2300 MHz1
2300 MHz2400 MHz1

TABLE 3

2483.5 MHz2500 MHz1
2500 MHz2690 MHz1
3400 MHz3600 MHz2.5
3600 MHz4200 MHz1
4400 MHz8500 MHz0.75
10 GHz15.35 GHz0.75
17.7 GHz100 GHz0.5

FREQUENCY BAND FACTOR:

MOBILE SERVICES (Time Division Duplex and Frequency Division Duplex)

Frequency RangeFrequency RangeFrequency Band Factor
FromTo(FBF)
450 MHz960 MHz0.75
1427 MHz1675 MHz0.75
1710 MHz1785 MHz0.75
1805 MHz1880 MHz0.75
1920 MHz1980 MHz0.75
2110 MHz2170 MHz0.75
2300 MHz2400 MHz1
2500 MHz2690 MHz1
3300 MHz3600 MHz0.75

TABLE 4 COVERAGE FACTOR

CF = 1CF = 2CF = 3CF = 30
Coverage AreaSmall Area Network A≤ 5 km 2Large Area Network 5 km 2 <A≤ 600 km 2Wide Area Network 600 km 2 <A≤ 105,300 km 2National network

TABLE 5 SHARING FACTOR

Exclusive Use1
Shared0.5

TABLE 6 GEOGRAPHICAL FACTOR

High density of population1
Low density of population0.5
Mixed high/low density of population1

Transitional provisions

  1. (1) The formula-based fees contemplated by regulation 5 will be payable with effect from 1 January 2021.

(2) A person or a spectrum licensee who applies in 2020 for a spectrum licence, or to renew authorisation to utilise spectrum for the ensuing calendar year as contemplated in regulation 13 of the Regulations Pertaining to Spectrum Licenses, must pay the relevant fee set out in the Regulations Setting Out Fees For Spectrum Licenses, Certificates and Examinations published under General Notice No. 155 of 1 June 2017 by the due date for payment notwithstanding that such a due date may be on or prior to 1 January 2021.

Commencement

  1. Subject to regulation 6(2) these regulations will become effective on 1 January 2021.