Gazette 8002

GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA

N$32.80

WINDHOEK - 5 January 2023

No. 8002

CONTENTS

Page

GENERAL NOTICE

No. 7 Communication Regulatory Authority of Namibia: Notice of Intention to Make Regulations in Respect of Telecommunications Equipment Requiring Type Approval: Communications Act, 2009 ..

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General Notice

COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA

No. 7

NOTICE OF INTENTION TO MAKE REGULATIONS IN RESPECT OF TELECOMMUNICATIONS EQUIPMENT REQUIRING TYPE APPROVAL: COMMUNICATIONS ACT, 2009

The Communications Regulatory Authority of Namibia in terms of regulation 4(3) of the Regulations Regarding Rule-Making Procedures published under General Notice No. 334 of 17 December 2010 publishes this notice of intention to make ‘Regulations in Respect of Telecommunications Equipment Requiring Type Approval’, 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: TBD

TIME: TBD

VENUE: TBD

In terms of section 80(6) of the Communications Act, 2009 (Act No. 8 of 2009) public health and safety officials, licensees and other providers of telecommunications services, manufacturers and other industry participants are specifically 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 -

• (a) include a statement of the name and contact details of the person making the oral submissions and the name and contact details of the person of entity on whose behalf the oral submissions are made, if different;
• (b) be clear and concise.

3. The aforesaid notice of oral submissions and concise statement must be delivered to the Authority either physically or electronically -

• (a) by hand to the head offices of the Authority, namely Communications House, 56 Robert Mugabe Avenue, Windhoek;
• (b) by post to the head offices of the Authority namely Private Bag 13309, Windhoek;
• (c) by electronic mail to the following address legal@cran.na; or
• (d) in any other manner or to any other address specified by the Authority from time to time.

4. Members of the public are further invited to make written submissions to the Authority no later than 30 consecutive days from the date of publication of this notice of intention to make regulations, in the manner set out below for making written submissions.
5. Reply comments to written submissions may be submitted to the Authority.

• (a) no later than 15 days after the time for the making of written submissions has lapsed; or
• (b) if the opportunity for the submission of reply comments is published in a subsequent Gazette, after the lapse of 14 days from the date of such publication.

6. All written submissions must -

• (a) contain the name and contact details of the person making the written submissions and the name and contact details of the person or entity on whose behalf the written submissions are made, if different; and
• (b) be clear and concise.

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

H. MIHE GOAMAB II
CHAIRPERSON OF THE
COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA

SCHEDULE 1 CONCISE STATEMENT OF PURPOSE

1. The proposed Regulations seek to establish a type approval procedure to ensure that -

• (a) telecommunications equipment used in Namibia comply with international standards applicable in Namibia;
• (b) telecommunications equipment which may pose health and safety hazards to consumers are not used in Namibia;
• (c) telecommunications equipment used in Namibia are compatible with local networks; and
• (d) the operating frequency of telecommunications equipment, generally and radio apparatus in particular are in conformance with the national frequency band plan in Namibia so that no harmful interference is caused to any electronic communications service.

2. The proposed Regulations further seek to repeal the Regulations in respect of Type Approval and Technical Standards for Telecommunications Equipment, published under General Notice No. 22 of 30 January 2015.

SCHEDULE 2

PROPOSED REGULATIONS IN RESPECT OF TELECOMMUNICATIONS EQUIPMENT REQUIRING TYPE APPROVAL: COMMUNICATIONS ACT, 2009

In terms of section 80 and 129 of the Communications Act, 2009 (Act No. 8 of 2009) the Communications Regulatory Authority of Namibia -

• (a) makes the Regulations set out in the Schedule; and
• (b) repeals the Regulations in respect of Type Approval and Technical Standards for Telecommunications Equipment, published under General Notice No. 22 of 30 January 2015, as amended under General Notice No. 361 of 11 September 2019.

1. Definitions
2. Objects and application
3. Fees

SCHEDULE

ARRANGEMENT OF REGULATIONS

PART 1

PRELIMINARY

PART 2

TYPE APPROVAL OF TELECOMMUNICATIONS EQUIPMENT

3. Telecommunication equipment to be type approved
4. Application for type approval
5. Declaration or certificate of conformity
6. Decision of Authority on application for type approval
7. Issue of type approval certificate
8. Validity of type approval certificate
9. Registration as supplier
10. Type approval register
11. Application for renewal of type approval certificate
12. Application for temporary import of telecommunication equipment
13. Application in respect of telecommunications equipment previously type approved
14. Duties, rights and limitations following successful application for type approval
15. Type-approved equipment to bear mark of conformity
16. Technical standards

PART 3

EXEMPTED AND PROHIBITED TELECOMMUNICATIONS EQUIPMENT

17. Telecommunications equipment exempted from type approval
18. Prohibited telecommunications equipment

PART 4 FEES

PART 5

INVESTIGATION AND ENFORCEMENT

20. Monitoring compliance and inspections
21. Revocation of type approval certificate

PART 6

GENERAL

22. Oral hearings and call for written submissions
23. Confidential information
24. Record of proceedings
25. Reconsideration
26. Condonation
27. Ex parte communications

Annexure A - Index to Forms 1 to 5

Annexure B - Telecommunications equipment exempted from type approval

Annexure C - Fees

Definitions

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

‘accredited test laboratory’ means any laboratory accredited by its own national accreditation body or another accreditation body recognised in terms of ISO/IEC standards;

‘applicant’ means a person applying for type approval of telecommunications equipment in accordance with these Regulations;

‘declaration or certificate of conformity’ means a written declaration or certificate, as the case may be, referred to in regulation 5 in accordance with the ISO/IEC 17050-1 requirements, which -

• (a) conforms to these Regulations and applicable ISO/IEC standards; and
• (b) is issued by an applicant or a manufacturer or supplier of telecommunications equipment for which type approval is sought;

‘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 -

• (a) satellite systems;
• (b) fixed systems, including circuit- and packet-switched systems;
• (c) mobile systems;
• (d) undersea and land-based fibre optic cable networks;
• (e) electrical cable systems, to the extent used for electronic communications services; and
• (f) any other transmission system used to transmit electronic communications;

‘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 transmission 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;

‘ISO/IEC’ means the International Organisation for Standardisation and the International Electrotechnical Commission;

PART 1 PRELIMINARY

‘person’ means a natural or juristic person or any other entity, whether incorporate or unincorporate;

‘radio communication equipment’ means digital radio-communication equipment working within the VHF/UHF range, which includes equipment such as mobile and fixed radios, handheld radios receiver or transmitter antennas;

‘set-top box decoder’ means an information appliance device that generally contains a tuner and connects to a television set and an external source of signal, turning the source signal into content in a form that can then be displayed on the television screen or other display device;

‘telecommunications equipment’ means communications or networking equipment with an interface to public network or wide area network services and includes without limitation -

• (a) telecommunications terminal equipment;
• (b) information technology equipment, including but not limited to digital set-top box decoders;
• (c) radio communication equipment powered by means of an internal or external alternating current or direct current electrical energy source; and
• (d) electronic communications network equipment;

‘telecommunications terminal equipment’ means a product or relevant component thereof, enabling communication which is intended to be connected directly or indirectly by any means to interface with public electronic communications networks;

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

‘type approval’ means the process undertaken by the Authority in accordance with these Regulations -

• (a) to authorise the use of telecommunications equipment; or
• (b) to examine and test telecommunications equipment to determine if such equipment may be authorised for use,

in Namibia, and involves verification of such equipment’s compliance with applicable ISO/IEC standards and other regulatory requirements and ‘type approved’ has a corresponding meaning;

‘type approval fees’ means fees referred to in regulation 18 ;

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

‘type approval register’ means the type approval register referred to in regulation 10 , which is kept by the Authority pursuant to section 27 of the Act and contains basic technical and compliance information on all type-approved equipment, including any conditions the Authority may have issued together with such type approval;

‘type-approved equipment’ means telecommunications equipment that is type approved in accordance with these Regulations;

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

(2) In these Regulations, to submit documents in writing to the Authority means either physically or electronically submit such documents -

• (a) by hand to the head offices of the Authority, namely Communication House, 56 Robert Mugabe Avenue, Windhoek;
• (b) by post to the head offices of the Authority, namely Private Bag 13309, Windhoek 9000;
• (c) by electronic mail to the following address: legal@cran.na; or
• (d) in any other manner or at alternative addresses specified in writing by the Authority from time to time.

Objects and application

2. (1) The objects of these Regulations are to establish procedures for type approval to ensure that -

• (a) telecommunications equipment used in Namibia comply with international standards applicable in Namibia;
• (b) no telecommunications equipment which may pose health and safety hazards for consumers are operated in Namibia;
• (c) consumers are protected from telecommunications equipment that is incompatible with local networks; and
• (d) the operating frequency of telecommunications equipment generally and radio communication equipment in particular are in conformance with the national frequency band plan in Namibia so that no harmful interference is caused to any electronic communication service.
• (2) These Regulations apply to -
• (a) all persons who use, sell, offer for sale or connect telecommunications equipment to an electronic communications network within Namibia; and
• (b) all telecommunications equipment used, sold, offered for sale or connected to an electronic communications network within Namibia.
• (3) These Regulations bind the State.

PART 2

TYPE APPROVAL OF TELECOMMUNICATIONS EQUIPMENT

Telecommunication equipment to be type approved

3. (1) Subject to subregulation (2), no person may -

• (a) connect any equipment to an electronic communication network in Namibia for purposes of electronic communications; or
• (b) use, sell or offer for sale telecommunications equipment in Namibia,

unless such telecommunications equipment is type approved or exempted from type approval in terms of these Regulations.

• (2) Despite subregulation (1), but subject to subregulation (3), telecommunications equipment does not require type approval if such equipment -
• (a) is temporarily imported into Namibia; or
• (b) is to be used solely for the research and development of the equipment or the demonstration of prototypes thereof,

for a period not more than 6 months.

(3) Telecommunications equipment referred to in subregulation (2) may not be imported into Namibia unless the person seeking to import such equipment into, or use it in, Namibia has obtained the authorisation of the Authority upon application in accordance with regulation 10 .

Application for type approval

4. (1) An applicant must prior to the use, connection, offer for sale or sale of telecommunications equipment requiring type approval, submit an application substantially in the form and containing the information set out in Form 1 .

• (2) An application for type approval of telecommunication equipment must be accompanied by -

• (a) personal identification, a certificate of incorporation or a valid trade licence in the name of the applicant;

• (b) a declaration or certificate of conformity, whichever is applicable;

• (c) test reports;

• (d) technical, physical, operational, installation and user information of the telecommunication equipment;

• (e) software and firmware numbers of the telecommunications equipment; and

• (f) all other documentation as may be required by Form 1 .

• (3) The Authority may require an applicant to submit additional information as proof of complying with the applicable ISO-IEC technical standards.

• (4) An application is not complete unless accompanied by all documents required in terms of subregulation (2) and where applicable, subregulation (3).

• (5) A copy of an original document that an applicant submits to the Authority must be certified as a true copy by a commissioner of oaths.

• (6) In addition to the requirements of sub-regulation (2), the Authority may request an applicant for a sample of the telecommunications equipment requiring type approval for examination and testing to determine whether such equipment has passed performance and quality assurance tests and meets the qualification criteria set out in applicable ISO-IEC technical standards and other regulatory requirements.

• (7) Samples of telecommunications communications equipment referred to in subregulation (6) must be -

• (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 of the telecommunications equipment.

• (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 of these Regulations, the Authority may request the applicant to provide such clarification within 14 days from the date of receipt of such request.

• (9) The Authority will not consider an application for type approval if the applicant fails to respond to a request for clarification contemplated by subregulation (8) or within the timeframe referred to in that subregulation.

• (10) If an application for type approval does not comply with the requirements contained in these Regulations the Authority must reject the application and notify the applicant of the reasons the application is non-compliant.

• (11) An unsuccessful applicant may address any non-compliance and submit a new application for type approval in accordance with this regulation.

Declaration or certificate of conformity

5. (1) The Authority may accept a declaration or certificate of conformity relating to telecommunications equipment for which type approval is sought if accompanied by a copy of test reports and data issued by an accredited test laboratory, certified by a commissioner of oaths as a true copy, confirming conformity of such equipment with the applicable ISO-IEC technical standards.

• (2) In an application for type approval, the applicant must submit a test report and data referred to in sub-regulation (1) without any modification.
• (3) In assessing an application for type approval, the Authority must take into account whether a test report and data referred to in sub-regulation (1) were submitted and accepted by a foreign regulatory authority.
• (4) The Authority may not consider any test report and data accompanying a declaration or certificate of conformity in terms of sub-regulation (1) if such report and data are older than five years.
• (5) The Authority may regard a declaration or certificate of conformity and any accompanying test report and data as valid if such declaration, certificate, test report and data were prepared for the telecommunications equipment for which type approval is sought and if no modification was made to such equipment following the completion of any test relating to the equipment.
• (6) The Authority is under no obligation to accept a test report and data referred to in subregulation (1) and may at its sole discretion require telecommunications equipment for which type approval is sought to undergo a further test.

Decision of Authority on application for type approval

6. (1) The Authority must within 40 days from the date of the submission of an application to the Authority which is complete in all respects as contemplated by regulation 4(4) , determine whether the application is approved or not.

• (2) In assessing an application in terms of subregulation (1), the Authority must determine and confirm whether the telecommunications equipment for which type approval is sought complies with the applicable ISO/IEC technical standards in respect of the telecommunications equipment concerned.

Issue of type approval certificate

7. (1) If the Authority is satisfied that an applicant substantively complies with all the applicable requirements of these Regulations, the Authority must issue a type approval certificate to that applicant, subject to any conditions that the Authority may impose.

• (2) The Authority must within seven days from the date of its decision to approve an application for type approval notify such approval on the website of the Authority together with the reasons for its decision.

• (3) The type approval certificate referred to in subregulation (1) must contain a registration number allocated by the Authority.

• (4) A type approval certificate is not transferable to any person except with the prior written approval of the Authority.

Validity of type approval certificate

8. (1) A type approval certificate is valid for a period of three years and may be renewed by the Authority on application made in accordance with regulation 9 .

• (2) If type-approved equipment undergoes a change of model, design, function or specifications, the type approval certificate issued for such telecommunications equipment automatically lapses.

• (3) If a person requires telecommunications equipment that underwent a change of model, design, function or specifications to be type approved, that person must submit an application for type approval for such telecommunications equipment in accordance with regulation 4 .

Registration as supplier

9. (1) The Authority must register a person to whom a type approval certificate has been issued in terms of regulation 7(1) as a supplier of telecommunications equipment on the database of the Authority.

• (2) A supplier whose details referred to in regulation 4(2) have changed must inform the Authority within 14 days from the date of such change.

Type approval register

10. (1) All type-approved equipment must be entered on the type approval register which the Authority must periodically publish on the website of the Authority.

• (2) Any person may upon payment of the fee specified in Annexure C request a copy of the type approval register of the Authority.

Application for renewal of type approval certificate

11. (1) A type approval certificate may be renewed by the Authority on application made -

• (a) by the person to whom such certificate was issued substantially in the form and containing the information set out in Form 2 ; and
• (b) within 60 and 30 days prior to the date of expiry of the certificate.
• (2) The Authority must grant an application for renewal of a type approval certificate referred to in subregulation (1) if Form 2 is complete in all respects, is accompanied by the information or documents that the Authority may require and provided that -
• (a) no modification in respect of the model, design, function, or information as recorded in the type approval certificate or type approval register is made to the type-approved equipment;
• (b) no significant changes are made to the technical specifications of the type-approved equipment, including but not limited to -
• (i) the operating frequency band; and
• (ii) RF power and ISO-IEC technical standards upon which the telecommunications equipment was type approved; and
• (c) the application is accompanied by a letter from the manufacturer confirming that the telecommunications equipment is still under its support.

Application for temporary import of telecommunication equipment

12. (1) A person may not import telecommunications equipment referred to in regulation 3(2) into Namibia unless the person seeking to import such equipment into, or use it in, Namibia has applied for the authorisation of the Authority.

• (2) An application for the authorisation referred to in subregulation (1) must -

• (a) substantially be in the form and containing the information set out in Form 3 ;

• (b) specify the particulars of the telecommunications equipment;

• (c) indicate the location where the equipment will be kept;

• (d) state the purpose of importing the equipment and its use; and

• (e) specify the period that the equipment will remain in Namibia, which period may not exceed six months from the date of importation of the equipment.

• (3) The Authority may grant an application for the authorisation referred to in subregulation (1) if Form 3 is complete in all respects and is accompanied by the information or documents that the Authority may require.

• (4) The Authority may in writing extend the period referred to in subregulation (2)(e) upon the written application and on good cause shown by the person to whom the authorisation referred to in subregulation (1) has been granted.

• (5) Upon termination of the period referred to in subregulation (2)(e), the person to whom the authorisation referred to in subregulation (1) has been granted must provide written proof to the Authority that the telecommunications equipment in question has been removed from Namibia.

• (6) A person who contravenes subregulation (5) commits an offence and is liable on conviction to a fine not exceeding N$ 50 000 or imprisonment for a period of 12 months or both such fine and such imprisonment.

Application in respect of telecommunications equipment previously type approved

13. (1) A supplier referred to in regulation 9 that intends to -

• (a) connect any telecommunications equipment to an electronic communication network in Namibia for purposes of an electronic communications service; or
• (b) use, sell or offer for sale telecommunications equipment in Namibia,

that appears on the type approval register may apply to the Authority that the telecommunications equipment be subject to a simplified type approval process.

• (2) An application referred to in subregulation (1) must -
• (a) substantially be in the form and containing the information set out in Form 4 ; and
• (b) provide proof that the telecommunications equipment for which type approval is applied for in terms of subregulation (1) is identical to the telecommunications equipment that is already type approved and appears on the type approval register.
• (3) The simplified type approval process referred to in subregulation (1) does not require the submission of a declaration or certificate of conformity, but the Authority may require that the supplier provides a representative sample of the telecommunications equipment concerned.
• (4) Subregulations (5) to (11) of regulation 4 and regulation 7 apply with the changes required by the context with regard to the simplified type approval process referred to in subregulation (1).

Duties, rights and limitations following successful application for type approval

14. (1) The holder of a type approval certificate or the owner of telecommunications equipment that has been type approved by the Authority may only use, sell, offer for sale or connect telecommunications equipment to an electronic communications network which are identical in all material respects to the type-approved equipment in respect of which the type approval certificate has been issued.

• (2) After the issue of a type approval certificate, any telecommunications equipment sample submitted to the Authority may be returned to the applicant, but the Authority may retain any related documents.

• (3) Neither the issue of a type approval certificate, nor the acceptance of a declaration or certificate of conformity in terms of these Regulations may be construed as a guarantee by the Authority for the proper functioning, performance or quality of the type-approved equipment.

• (4) A person that connects type-approved equipment to an electronic communications network in Namibia must ensure that such telecommunications equipment interconnects properly with the electronic communications network concerned.

• (5) The Authority is not liable for interference caused to other equipment, or injury, loss of life or damage to property arising from the direct or indirect use of type-approved equipment.

• (6) A network operator may not refuse connection of type-approved equipment unless there are reasonable grounds, as determined by the Authority on request of a network operator, for the refusal of such connection.

Type-approved equipment to bear mark of conformity

15. All type-approved equipment must bear a mark of conformity issued by the Authority in the form determined by the Authority.

Technical standards

16. (1) The Authority may only recognise technical standards issued by a standardsetting body which is competent in the opinion of the Authority, if those standards are not ISO-IEC technical standards.

• (2) Whenever ISO-IEC technical standards or technical standards referred to in subregulation (1) are amended, the holder of a type approval certificate in respect of telecommunications equipment subject to those standards must ensure that such equipment is re-assessed by the Authority to determine if due to the amended technical standard, the equipment requires further type approval in terms of these Regulations.
• (3) If the telecommunications equipment referred to in sub-regulation (2) requires further type approval, an application for type approval must be made to the Authority in accordance with regulation 4 before the date of commencement of the amended technical standards and subject to the payment of any type approval fees.

PART 3

EXEMPTED AND PROHIBITED TELECOMMUNICATIONS EQUIPMENT

Telecommunications equipment exempted from type approval

17. (1) The telecommunications equipment listed in Annexure B are exempt from the requirement to be type approved under these Regulations.

• (2) All telecommunications equipment exempted from type approval must be entered on the type approval exemption register which the Authority must periodically publish on the website of the Authority.

Prohibited telecommunications equipment

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

• (2) No person may import, sell, offer for sale or connect telecommunications equipment appearing on the list referred to in sub-regulation (1).
• (3) The Authority may with the cooperation of relevant Government agencies restrict the importation of any telecommunications equipment into Namibia, if the Authority is satisfied that such equipment may cause damage or harmful interference to electronic communications networks or poses a risk to public health and safety or the environment.

Fees

19. (1) The Authority will charge type approval fees for the categories of telecommunications equipment set out in Annexure C

• (2) Type approval fees are payable in advance and are non-refundable.

(3) The Authority may adjust the type approval fees set out in Annexure C annually by a maximum of the Consumer Price Index as published by the Namibia Statistics Agency.

(4) Notice of type approval fees adjusted as contemplated by subregulation (3) must be published annually in the Gazette by the Authority.

(5) Type approval fees adjusted as contemplated by subregulation (3) enters into force from the date of publication of the notice referred to in subregulation (4).

• (6) For the purposes of Annexure C -
• (a) ‘call monitoring equipment’ means call monitoring equipment that facilitates the monitoring and recording of calls which includes but are not limited to call monitoring units or call recording units;
• (b) ‘data communications equipment’ means equipment that transmits or receives analogue or digital signals through a network;
• (c) ‘access transmission and network equipment’ means equipment that facilitates transmission for wireless communication services, including but not limited to switching equipment, base station controllers, base stations, microwave transmitters or similar equipment;
• (d) ‘IOT network equipment’ means internet-of-things computing devices that connect wirelessly to a network and have the ability to transmit data;
• (e) ‘outdoor wireless access equipment’ means network equipment that facilitate outdoor wireless access, which include but not limited to wi-fi long range extended or access point devices;
• (f) ‘remotely piloted aircraft’ means an unmanned aircraft which is piloted from a remote pilot station using radio frequency to facilitates remote control of such aircraft’
• (g) ‘aeronautical equipment’ means aeronautical equipment used to transmit and receive data in facilitating ground radio communications for aircrafts;
• (h) ‘radio communications equipment’ means digital radio communication equipment operating within the VHF/UHF range, which includes without limitation equipment such as mobile and fixed radios, handheld radio receiver or radio transmitter antennas;
• (i) ‘satellite equipment’ means satellite communications equipment used for the transmission, conditioning, and reception of satellite signals enabling communications or connectivity with such satellite;

PART 4 FEES

• (j) ‘short range devices’ or ‘low power terminals’ means radio devices that have a low risk of interference with other radio services, usually because of their transmission power’;
• (k) ‘telephone terminal equipment’ means telephone instruments, including without limitation Global System for Mobile Phones, Code Division Multiple Access Terminals, which are intended to be connected electrically, acoustically or inductively to a telecommunication network;
• (l) ‘IMT terminals (other than mobile phones)’ refers to equipment other than mobile phones, which equipment operates in International Mobile Telecommunications GSM, UMTS or LTE bands; and
• (m) ‘broadcasting equipment’ means telecommunications equipment used to facilitate broadcasting services which includes without limitation equipment such as DTT set-top box receivers.

PART 5 INVESTIGATION AND ENFORCEMENT

Monitoring compliance and inspections

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

• (2) Any person to whom a type approval certificate has been issued in terms of these Regulations must cooperate with the Authority when performing market surveillance activities as contemplated by subregulation (1).

• (3) Without limiting the scope of any market surveillance activities performed as contemplated by subregulation (1), a person to whom a type approval certificate has been issued may be required by the Authority to provide, without charge to the Authority, samples of telecommunications equipment and documentation relating to such equipment.

• (4) If any person is found to be in non-compliance with these Regulations or the applicable technical standards, the Authority may by written notice direct the person to forthwith cease to use, sell or offer for sell or connect the telecommunications equipment to an electronic communications network and to provide reasons to the Authority within the period stated in that notice why the telecommunications equipment concerned should not be disposed of at that person’s own expense or as directed by the Authority.

• (5) The Authority may seize telecommunications equipment that does not comply with applicable technical standards or these Regulations or that belongs to a category of telecommunications equipment for which type approval is required in terms of these Regulations and that has not been type approved and that is causing or is likely to cause harmful interference to an electronic communications network or is a risk to human health or the environment.

• (6) If the Authority seized telecommunications equipment as contemplated by subregulation (5), the Authority may by written notice direct the person to provide reasons to the Authority within the period stated in that notice why the telecommunications equipment concerned should not be disposed of at that person’s own expense or as directed by the Authority.

• (7) After considering any representations made by the person referred to in subregulation (4) or (6), the Authority may direct the person to -

• (a) apply for type approval in respect of the telecommunications equipment concerned in accordance with regulation 4 ;

• (b) dispose of the telecommunications equipment in the manner directed by the Authority.

Revocation of type approval certificate

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

• (a) any information provided to the Authority a person to whom a type approval certificate has been issued is found to be counterfeit or false;
• (b) type-approved equipment does not comply with applicable ISO-IEC technical standards or these Regulations;
• (c) there is a breach of any condition subject to which a type approval certificate was issued; or
• (d) type-approved equipment is causing or likely to cause harmful interference to an electronic communications network or is a risk to human health or the environment,

the Authority may by written notice to the person to whom a type approval certificate has been issued inform the person that the Authority intends to cancel the type approval certificate, and in such notice state the grounds for such intended action and require the person concerned to forthwith cease to use, sell or offer for sell or connect the telecommunications equipment to an electronic communications network.

• (2) A person to whom a type approval certificate has been issued may, within 15 days from the date of receipt of a notice referred to in sub-regulation (1), make written representations to the Authority on why the certificate should not be cancelled.
• (3) After consideration of the representations referred to in subregulation (2) or, if no such representations have been made, upon the expiry of the period mentioned in that subregulation, the Authority may -
• (a) if the Authority is satisfied that it is just and equitable to do so in the particular case, by written notice to the person to whom a type approval certificate has been issued withdraw the notice referred to in subregulation (1); or
• (b) by written notice to the person concerned cancel the type approval certificate.
• (4) All telecommunications equipment that is the subject of a cancelled type approval certificate must be withdrawn from the market within 30 days from the date of receipt of the written notice referred to in subregulation (3)(b) at the cost of the person referred to in that subregulation.

PART 6 GENERAL

Oral hearings and call for written submissions

22. (1) If the Authority considers it necessary or appropriate, it may hear oral submissions in respect of any application made in terms of these Regulations.

• (2) The Authority must invite the public to make oral submissions at least 14 days prior to any hearing convened in terms of this regulation.
• (3) Unless otherwise specified by the Authority, hearings will be open to the public.
• (4) The format and agenda of the hearing is at the discretion of the Authority, depending on the nature of the proceeding, provided however, that the hearing should be informal in nature.
• (5) All oral submissions must -
• (a) include a statement indicating the name and contact details of the person making the oral submission or the name and contact details of the person for whom the oral submission is made, if different;
• (b) be clear and concise; and
• (c) conform to any further requirements determined by the Authority from time to time.
• (6) If the Authority considers it necessary, it will provide the opportunity to a person to respond to oral submissions.
• (7) The Authority may request further oral or written submissions, such as further information or clarification, which must be provided to the Authority in the time and the manner set out by the Authority.
• (8) At the conclusion of the hearing, a concise report summarising the oral submissions must be prepared by the Authority.

Confidential information

23. 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

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

• (2) Except for information deemed to be confidential in terms of section 28 of the Act, any person may examine an application or a proceeding file either at the Head offices of the Authority during normal business hours and copies may be made on payment of a fee set out in Annexure C, and, if available, on the Authority’s website where copies may be downloaded free of charge.

Reconsideration

25. (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.

• (2) Any person (hereinafter ‘the requesting party’) may within 30 days of receiving any decision or order made by the Authority request the Authority in writing to reconsider the decision or order subject to the following:

• (a) The requesting party must comprehensively complete Form 5 (hereinafter ‘the Reconsideration Form’) and submit that form to the Authority within 30 days from date of receipt of the Authority’s decision or order.

• (b) The Authority must within three days of receipt of the Reconsideration Form determine whether there are grounds for reconsideration.

• (c) Where there are no valid grounds for reconsideration, the Authority must forthwith notify the requesting party of its decision and close the file pertaining to the dispute.

• (3) Where the Authority considers that the request for reconsideration should be heard, the Authority must provide a copy of the Reconsideration Form to any party with a direct or substantial interest in the matter and simultaneously notify the requesting party of its decision within 7 days from the lapse of the period referred to in paragraph (b).

• (4) A party with a direct or substantial interest referred to in subregulation (3) must deliver a response in writing to the request for reconsideration within a period of 14 days of receipt of the Reconsideration Form.

• (5) Upon receipt of the response referred to in subregulation (4), the Authority must deliver that response to the requesting party and afford that party 14 days from receipt of the response to reply thereto.

• (6) The Authority must thereafter, subject to subregulation (7), make a determination on whether or not to reconsider its decision or order.

• (7) The Authority may publish its determination on reconsideration without further submissions having been received, or it may provide an opportunity to the public to provide further written or oral submissions, prior to making a determination contemplated in subregulation (6), in the manner stated by the Authority.

Condonation

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

• (2) The Authority will respond to the request for condonation as soon as practicable, and may either grant or deny the request, at its sole discretion, based on, amongst other things, the nature of the proceeding and the reasons for non-compliance.

Ex parte communications
27. A person may not communicate with the members of the Board,
THE chief executive officer
or any staff member of, or consultant of the Authority, to discuss the subject matter of an application or proceeding pending in terms of these Regulations, except as provided for herein

INDEX TO FORMS 1 TO 5

FORM	REGULATION	NATURE
Form 1	Regulation 4(1)	Application for type approval
Form 2	Regulation 11(1)	Application for renewal of type approval certificate
Form 3	Regulation 12(2)	Application for temporary import of telecommunication equipment
Form 4	Regulation 13(2)(a)	Application in respect of telecommunications equipment previously type approved
Form 5	Regulation 24(2)(a)	Reconsideration Form

ANNEXURE A

COMMUNICATION REGULATORY AUTHORITY

FORM 1 APPLICATION FOR TYPE APPROVAL Regulation 4(1)

APPLICATION FORM TELECOMMUNICATIONS EQUIPMENT TYPE APPROVAL

In terms of Regulation 3, 4 and 15 of the Regulations in respect of Telecommunications Equipment Requiring Type Approval, any person that intends to connect telecommunications equipment to an electronic network in Namibia for purposes of electronic communications or intends to use, sell or offer for sale telecommunications equipment within 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 4, along with the relevant application fee or proof that the application fee has been paid into the bank account of Authority, with the following particulars:

Account name:

Account Number:

Account type:

Cheque Account

Branch:

Capricorn

Branch code:

486 372

Swift code:

BWLINANX

Reference

: Applicant name / Customer number / Invoice number

1. MANUFACTURER DETAILS

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 not older than 6 months 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:

Person/Entity to bear cost (Tick one box)	£ Manufacturer £ Representative
Email Address (for the selected)
Telephone number (for the selected)
Certificate to be issued to (Tick one box)	£ Manufacturer £ Representative

3. APPLICATION CATEGORY

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

4. ORIGINAL EQUIPMENT DETAILS

• 4.1 Please indicate the appropriate equipment category -

Category	Tick Here	Example of Equipment (Non Exhaustive)
Call Monitoring Equipment		Call Metering Unit
Call Monitoring Equipment		Call Monitoring Unit
Call Monitoring Equipment		Call Barring Unit
Call Monitoring Equipment		Call Recording Unit
Call Monitoring Equipment		Subscriber Private Meter
Data Equipment		Modem
Data Equipment		Packet Assembler/Disassembler (PAD)
Data Equipment		Multiplexer (MUX)
Access Transmission and Network Equipment		All type of operator telecommunication and radio communications equipment (Switching Equipment’s, Base Station Controller, Base Stations, Microwave Transmitter, Base Station Transmitter, WiMAX terminal Cell Extender, Cellular Repeater Operating in IMT bands etc.)
IoT Network Equipment		Sigfox Lora, Zigbee, Radar, Wireless Smart Utility Network (Wi-SUN) Equipment, IoT Gateways and Base Stations
Outdoor Wireless Access Equipment		Point to Point / Point to Multipoint Access Devices
Remotely Piloted Aircraft		Drone Remote Controller
Aeronautical Equipment		Aeronautical Base Station Equipment, Aeronautical transceiver installed on board aircrafts

Radio Communications Equipment	High Frequency (HF)
Radio Communications Equipment	Very High Frequency (VHF)
Radio Communications Equipment	Ultra-High Frequency (UHF)
Radio Communications Equipment	Radio Alarm Transmitter
Radio Communications Equipment	Ultra-Wideband (UWB) sensors and radars (such as ground probing radar)
Radio Communications Equipment	Automatic Identification System (AIS)
Radio Communications Equipment	Search and Rescue Transponder (SART)
Radio Communications Equipment	Emergency Position Indicating Radio Beacon (EPIRB)
Radio Communications Equipment	Citizen Band Radio
Radio Communications Equipment	Amateur Radio
Satellite Equipment	Satellite Phone
Satellite Equipment	Earth Station Terminal
Satellite Equipment	Very Small Aperture Terminal (VSAT),
Short Range Devices/ Low Power terminals	Closed circuit television (CCTV)
Short Range Devices/ Low Power terminals	Industrial control devices
Short Range Devices/ Low Power terminals	Road Transport telematics
Short Range Devices/ Low Power terminals	Telemetry
Telephone Terminal Equipment	Global System for Mobile (GSM) phone
Telephone Terminal Equipment	Code Division Multiple Access (CDMA) terminal
IMT Terminal (other than mobile phones)	Dongles/trackers/Tablets
Broadcasting equipment	DTT Set -Top Box Receiver

4.2 Equipment details

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

• 4.3 Purpose for importing the equipment

---

---

---

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

Certified copies of identification documents such as passport or national identification document
Certified copy of certificate of incorporation or a valid trade licence in the name of the applicant
Certified copy of declaration or certificate of conformity by applicant, manufacturer or supplier of telecommunications equipment including test report (both RF and EMC), issued by an accredited test laboratory
Certified copy of test report for Safety Regulations issued by an accredited test laboratory

Letter of Authorisation from the original equipment manufacturer clearly stating that you are permitted to apply for type approval in Namibia

Physical sample equipment if type approval of untested equipment is requested

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

FOR OFFICE USE ONLY

Receiving Officer

Name:

Date

Receipt Number

APPROVAL STATUS

The equipment MEETS/DOES NOT MEET the Authority’s requirements and is hereby GRANTED/ NOT GRANTED Type Approval

• Granted/Approved £

• Rejected/Not Granted £

Type Approval Certificate Number:

Certificate Collection Date:

Collected By

Name of Issuing Officer:

Comment (s) :

:

:

:

:

:

:

:

FORM 2

COMMUNICATION REGULATORY AUTHORITY

APPLICATION FOR RENEWAL OF TYPE APPROVAL CERTIFICATE Regulation 11(1)

In terms of Regulation 11(1) of the Regulations in respect of Telecommunications Equipment Requiring Type Approval any person or entity that intends to connect telecommunications equipment to an electronic network in Namibia for purposes of electronic communications or intends to use, sell or offer for sale telecommunications equipment in 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 11 along with the relevant application fee or proof that the application fee has been paid into the bank account of Authority, with the following particulars:

Account name:

Account Number:

Account type:

Cheque Account

Branch:

Capricorn

Branch code:

486 372

Swift code:

BWLINANX

Reference

: Applicant name / Customer number / Invoice number.

1. 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
Brand Name
Model Number

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

(Letter of authorisation 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:

Person/Entity to bear cost (Tick one box)

• £ Manufacturer

• £ Representative

Email Address (for the selected)

Telephone number (for the selected)

4. ORIGINAL EQUIPMENT DETAILS

• 4.1 Please indicate the appropriate equipment category -

Category	Tick Here	Example of Equipment (Non Exhaustive)
Call Monitoring Equipment		Call Metering Unit
Call Monitoring Equipment		Call Monitoring Unit
Call Monitoring Equipment		Call Barring Unit
Call Monitoring Equipment		Call Recording Unit
Call Monitoring Equipment		Subscriber Private Meter
Data Equipment		Modem
Data Equipment		Packet Assembler/Disassembler (PAD)
Data Equipment		Multiplexer (MUX)
Access Transmission and Network Equipment		All type of operator telecommunication and radio communications equipment (Switching Equipment’s, Base Station Controller, Base Stations, Microwave Transmitter, Base Station Transmitter, WiMAX terminal Cell Extender, Cellular Repeater Operating in IMT bands etc.)
IoT Network Equipment		Sigfox Lora, Zigbee, Radar, Wireless Smart Utility Network (Wi-SUN) Equipment, IoT Gateways and Base Stations
Outdoor Wireless Access Equipment		Point to Point / Point to Multipoint Access Devices
Remotely Piloted Aircraft (RPA)		Drone Remote Controller

Aeronautical Equipment	Aeronautical Base Station Equipment, Aeronautical transceiver installed on board aircrafts
Radio Communications Equipment	High Frequency (HF)
Radio Communications Equipment	Very High Frequency (VHF)
Radio Communications Equipment	Ultra-High Frequency (UHF)
Radio Communications Equipment	Radio Alarm Transmitter
Radio Communications Equipment	Ultra-Wideband (UWB) sensors and radars (such as ground probing radar)
Radio Communications Equipment	Automatic Identification System (AIS)
Radio Communications Equipment	Search and Rescue Transponder (SART)
Radio Communications Equipment	Emergency Position Indicating Radio Beacon (EPIRB)
Radio Communications Equipment	Citizen Band Radio
Radio Communications Equipment	Amateur Radio
Satellite Equipment	Satellite Phone
Satellite Equipment	Earth Station Terminal
Satellite Equipment	Very Small Aperture Terminal (VSAT),
Short Range Devices/ Low Power terminals	Closed circuit television (CCTV)
Short Range Devices/ Low Power terminals	Industrial control devices
Short Range Devices/ Low Power terminals	Road Transport telematics
Short Range Devices/ Low Power terminals	Telemetry
Telephone Terminal Equipment	Global System for Mobile (GSM) phone
Telephone Terminal Equipment	Code Division Multiple Access (CDMA) terminal
IMT Terminal (other than mobile phones)	Dongles/trackers/Tablets
Broadcasting equipment	DTT Set -Top Box Receiver

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

Certified copies of identification documents such as passport or national identification document
Certified copy of certificate of incorporation or a valid trade licence in the name of the type approval certificate holder
Certified copy of type approval certificate previously issued by the Authority
Confirmation letter from the manufacture that the product is still under support
Letter of Authorisation from the original equipment manufacturer clearly stating that you are permitted to apply for type approval in Namibia
NB: Any submitted document not in English must be accompanied by a certified (by Notary Public) as a true English translation.

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

FOR OFFICE USE ONLY

Receiving Officer

Name:

Date

Receipt Number

APPROVAL STATUS

The equipment MEETS/DOES NOT MEET the Authority’s requirements and is hereby GRANTED/ NOT GRANTED Type Approval

• Granted/Approved £

• Rejected/Not Granted £

Type Approval Certificate Number:

Certificate Collection Date:

Collected By

Name of Issuing Officer:

Comment (s) :

:

:

:

:

:

:

FORM 3

COMMUNICATION REGULATORY AUTHORITY APPLICATION FOR TEMPORARY IMPORT OF TELECOMMUNICATION EQUIPMENT Regulation 12(2)

In terms of Regulation 12(2) of the Regulations in respect of Telecommunications Equipment Requiring Type Approval a person may apply for the temporary import of telecommunication equipment.

After completing the form, sign it and submit it to the Authority as required by Regulation 12, along with the relevant application fee or proof that the application fee has been paid into the bank account of Authority, with the following particulars:

Account name:

Account Number:

Account type:

Cheque Account

Branch:

Capricorn

Branch code:

486 372

Swift code:

BWLINANX

Reference

: Applicant name / Customer number / Invoice number

1. APPLICANT

Name of Applicant
Postal Address:
Physical Address:
Contact Person:
Email Address:
Telephone No:
Facsimile No:
Website:

2. EQUIPMENT DETAILS

Please indicate the appropriate equipment category -

Category	Tick Here	Example of Equipment (Non Exhaustive)
Call Monitoring Equipment		Call Metering Unit
Call Monitoring Equipment		Call Monitoring Unit
Call Monitoring Equipment		Call Barring Unit
Call Monitoring Equipment		Call Recording Unit
Call Monitoring Equipment		Subscriber Private Meter
Data Equipment		Modem
Data Equipment		Packet Assembler/Disassembler (PAD)
Data Equipment		Multiplexer (MUX)

Access Transmission and Network Equipment	All type of operator telecommunication and radio communications equipment (Switching Equipment’s, Base Station Controller, Base Stations, Microwave Transmitter, Base Station Transmitter, WiMAX terminal Cell Extender, Cellular Repeater Operating in IMT bands etc.)
IoT Network Equipment	Sigfox Lora, Zigbee, Radar, Wireless Smart Utility Network (Wi-SUN) Equipment, IoT Gateways and Base Stations
Outdoor Wireless Access Equipment	Point to Point / Point to Multipoint Access Devices
Remotely Piloted Aircraft (RPA)	Drone Remote Controller
Aeronautical Equipment	Aeronautical Base Station Equipment, Aeronautical transceiver installed on board aircrafts
Radio Communications Equipment	High Frequency (HF)
Radio Communications Equipment	Very High Frequency (VHF)
Radio Communications Equipment	Ultra-High Frequency (UHF)
Radio Communications Equipment	Radio Alarm Transmitter
Radio Communications Equipment	Ultra-Wideband (UWB) sensors and radars (such as ground probing radar)
Radio Communications Equipment	Automatic Identification System (AIS)
Radio Communications Equipment	Search and Rescue Transponder (SART)
Radio Communications Equipment	Emergency Position Indicating Radio Beacon (EPIRB)
Radio Communications Equipment	Citizen Band Radio
Radio Communications Equipment	Amateur Radio
Satellite Equipment	Satellite Phone
Satellite Equipment	Earth Station Terminal
Satellite Equipment	Very Small Aperture Terminal (VSAT),
Short Range Devices/ Low Power terminals	Closed circuit television (CCTV)
Short Range Devices/ Low Power terminals	Industrial control devices
Short Range Devices/ Low Power terminals	Road Transport telematics
Short Range Devices/ Low Power terminals	Telemetry
Telephone Terminal Equipment	Global System for Mobile (GSM) phone
Telephone Terminal Equipment	Code Division Multiple Access (CDMA) terminal
IMT Terminal (other than mobile phones)	Dongles/trackers/Tablets
Broadcasting equipment	DTT Set -Top Box Receiver

3. REASON TEMPORARY IMPORT OF TELECOMMUNICATION EQUIPMENT IS REQUIRED

Type Approval Certificate Number
Date of Issuance
Brand Name
Model Number

4. REQUIRED INFORMATION AND DOCUMENTATION TO BE ATTACHED TO APPLICATION

Certified copies of identification documents such as passport or national identification document

Certified copy of certificate of incorporation or a valid trade licence in the name of the applicant

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

FOR OFFICE USE ONLY

Receiving Officer

Name:

Date

Receipt Number

APPROVAL STATUS

The equipment MEETS/DOES NOT MEET the Authority’s requirements and is hereby GRANTED/ NOT GRANTED Type Approval

• Granted/Approved £

• Rejected/Not Granted £

Type Approval Certificate Number:

Certificate Collection Date:

Collected By

Name of Issuing Officer:

Comment (s) :

:

:

:

:

:

:

APPLICATION IN RESPECT OF TELECOMMUNICATIONS EQUIPMENT PREVIOUSLY

FORM 4 COMMUNICATION REGULATORY AUTHORITY TYPE APPROVED

Regulation 13(2)(a)

In terms of Regulation 13(2) of the Regulations in respect of Telecommunications Equipment Requiring Type Approval, subsequent users of equipment that appears on the Authority’s type approval register may apply for a certificate to use, connect, sell or offer to sell equipment already type approved in accordance with the simplified certification process.

After completing the form, sign it and submit it to the Authority as required by Regulation 13, along with the relevant application fee or proof that the application fee has been paid into the bank account of Authority, with the following particulars:

Account name:

Account Number:

Account type:

Cheque Account

Branch:

Capricorn

Branch code:

486 372

Swift code:

BWLINANX

Reference

: Applicant name / Customer number / Invoice number

1. APPLICANT

Name of Applicant

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 authorisation not older than 6 months 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:

Person/Entity to bear cost (Tick one box)

• £ Manufacturer

• £ Representative

Email Address (for the selected)

Telephone number (for the selected)

Certificate to be issued to (Tick one box)

• £ Manufacturer

• £ Representative

3. EQUIPMENT DETAILS

Please indicate the appropriate equipment category -

Category	Tick Here	Example of Equipment (Non Exhaustive)
Call Monitoring Equipment		Call Metering Unit
Call Monitoring Equipment		Call Monitoring Unit
Call Monitoring Equipment		Call Barring Unit
Call Monitoring Equipment		Call Recording Unit
Call Monitoring Equipment		Subscriber Private Meter
Data Equipment		Modem
Data Equipment		Packet Assembler/Disassembler (PAD)
Data Equipment		Multiplexer (MUX)
Access Transmission and Network Equipment		All type of operator telecommunication and radio communications equipment (Switching Equipment’s, Base Station Controller, Base Stations, Microwave Transmitter, Base Station Transmitter, WiMAX terminal Cell Extender, Cellular Repeater Operating in IMT bands etc.)
IoT Network Equipment		Sigfox Lora, Zigbee, Radar, Wireless Smart Utility Network (Wi-SUN) Equipment, IoT Gateways and Base Stations
Outdoor Wireless Access Equipment		Point to Point / Point to Multipoint Access Devices
Remotely Piloted Aircraft (RPA)		Drone Remote Controller
Aeronautical Equipment		Aeronautical Base Station Equipment, Aeronautical transceiver installed on board aircrafts
Radio Communications Equipment		High Frequency (HF)
Radio Communications Equipment		Very High Frequency (VHF)
Radio Communications Equipment		Ultra-High Frequency (UHF)
Radio Communications Equipment		Radio Alarm Transmitter
Radio Communications Equipment		Ultra-Wideband (UWB) sensors and radars (such as ground probing radar)
Radio Communications Equipment		Automatic Identification System (AIS)
Radio Communications Equipment		Search and Rescue Transponder (SART)

	Emergency Position Indicating Radio Beacon (EPIRB)
	Citizen Band Radio
	Amateur Radio
Satellite Equipment	Satellite Phone
	Earth Station Terminal
	Very Small Aperture Terminal (VSAT),
Short Range Devices/ Low Power terminals	Closed circuit television (CCTV)
	Industrial control devices
	Road Transport telematics
	Telemetry
Telephone Terminal Equipment	Global System for Mobile (GSM) phone
	Code Division Multiple Access (CDMA) terminal
IMT Terminal (other than mobile phones)	Dongles/trackers/Tablets
Broadcasting equipment	DTT Set -Top Box Receiver

3. DETAILS OF TELECOMMUNICATIONS EQUIPMENT ALREADY TYPE APPROVED

Type Approval Certificate Number

Date of Issuance

Brand Name

Model Number

4. REQUIRED INFORMATION AND DOCUMENTATION TO BE ATTACHED TO APPLICATION

• Certified copies of identification documents such as passport or national identification document

• Certified copy of certificate of incorporation or a valid trade licence in the name of the

applicant

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

FOR OFFICE USE ONLY

Receiving Officer

Name:

Receipt Number

Date

APPROVAL STATUS

The equipment MEETS/DOES NOT MEET the Authority’s requirements and is hereby GRANTED/ NOT GRANTED Type Approval

• Granted/Approved £

• Rejected/Not Granted £

Type Approval Certificate Number:

Certificate Collection Date:

Collected By

Name of Issuing Officer:

Comment (s) :

:

:

:

:

:

:

COMMUNICATION REGULATORY AUTHORITY

FORM 5 RECONSIDERATION FORM

Regulation 24(4)(a)

In terms of Regulation 24(4)(a) of the Regulations in respect of Telecommunications Equipment Requiring Type Approval, 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:

ANNEXURE B COMMUNICATION REGULATORY AUTHORITY TELECOMMUNICATIONS EQUIPMENT EXEMPTED FROM TYPE APPROVAL Regulation 16

EQUIPMENT CATEGORY	TYPICAL EQUIPMENT / APPLICATIONS (NON-EXHAUSTIVE)	SPECIFIED TECHNOLGIES	OPERATING FREQUENCYBAND
Broadcasting Receivers:	Smart TV, Wireless TV Box	Receiver-Only (With short range radio technology such as WIFI, Bluetooth&LAN Card/Adapter, with build-in digital set-Top box)	2400 - 2483.5 MHz 5150-5350 MHz, 5470- 5725 MHz, 5725-5875 MHz
Wireless PC Peripheral	Wireless Mouse, Wireless Keyboards, Scanners, Projectors and Printers, Fax Machines etc.	With or without short range radio technology such as WIFI, Bluetooth	2400 - 2483.5 MHz 5150-5350 MHz, 5470- 5725 MHz, 5725-5875 MHz
IT Networking Equipment	Servers, Switches, Routers, Firewalls, Modem, PABX, Programmable logic Controllers (PLC), VOIP	Connects to any Network via a LAN Card/Adapter	None
IT Networking Equipment	LAN card modules	Wired and wireless LAN Module/adapter	2400 - 2483.5 MHz 5150-5350 MHz5470- 5725 MHz, 5725-5875 MHz
NFC tag/card readers		With Maximum radiated power limit of 10Mw ERP	13.56 MHz
Toys	Remote Controlled Toys and miscellaneous devices, except remotely piloted aircrafts	With short range radio technology such as, Bluetooth etc,	2400 - 2483.5 MHz 5150-5350 MHz, 5470- 5725 MHz, 5725-5875 MHz 13.56 MHz
SRD for Medical Applications	Active Medical Implants and associated peripherals	With short range radio technology with Maximum radiated power limit of 25µW ERP	402 - 403 MHz z
Antennas	Passive	Metal rods, parabolic Dishes
SRD for Tracking, Tracing and Data Acquisition	GPS Receivers, GPS Tracker, Sensors (temperature, humidity, etc), IoT Sensors	With receiving or , transmitting capability	456.9 - 457.1 kHz z 865 - 868 MHz
SRD for Inductive Applications	Wireless chargers	With short range radio technology	8.3 - 9 kHz 9 - 90 kHz 90 - 119 kHz 119 - 135 kHz 135 - 140 kHz 140 - 148.5 kHz

GSM/UMTS/LTE/NR Equipment other than Mobile Phone	Modem, Tracker, SIM fitted devices	Short range devices connect via WLAN, BT, GPS, NFC	2400 - 2483.5 MHz 5150-5350 MHz, 5470- 5725 MHz, 5725-5875 MHz
RFID readers	Scanners Metal detectors	With short range radio technology
Wireless Audio / Multimedia Equipment	Wireless Microphones Wireless Microphones and assistive listening devices, Headphones, Infotainment and Video Conferencing.	Short range radio technology, with Maximum radiated power limit of 10mW ERP Short range radio technology, with Maximum radiated power limit of 2mW ERP	863 - 865M
SDR for Alarms	Alarm Systems and Associated Accessories	Short range radio technology, with Maximum radiated power limit of 10mW	869.2 - 869.25 MHz 869.3 - 869.4 MHz 868.6 - 868.7 MHz 869.65 - 869.7 MHz
Office Telephone Equipment	CT2 cordless telephones CTO cordless phones/ DECTTerminals	Short range radio technology, with Maximum radiated power limit of 10mW ERP Short range radio technology, with Maximum radiated power limit of 10mW	864.1 - 868.1 MHz 1 880-1 900 MHz 40.66 - 40.7 MHz
Computer Equipment	Laptop / Personal Computer, Tablet, Personal or Enterprise Digital Assistant	Tablets without GSM/ LTE/NR Laptops with or without GSM/LTE/NR	None
Wearables fitted with radio module operating in ISM bands	Smart band, Smart Helmets and Smart Watch etc.	With or without short range radio technology such as WIFI, Bluetooth	2400 - 2483.5 MHz 5150-5350 MHz, 5470- 5725 MHz, 5725-5875 MHz
SRD for Home Automation	Smart Switches, Light Controllers, Gate Controllers and Smart Bulbs etc.	None	None
Wireless Digital Camera	Portable Image/Video Camera/Web cams Wireless Security system camera etc.	None	2400 - 2483.5 MHz 5150-5350 MHz, 5470- 5725 MHz, 5725-5875 MHz
SRD for Transport and Traffic Telematics (TTT)	Automobile Sensors, Keyless Entry, Passive Entry, etc.	None	None
SRD for Road Transport and Traffic Telematics (RTTT) for Vehicle Radar	Vehicle Radars etc.	With short range radio technology	24.00 - 24.25 GHz 76-77 GHz

SRD for Radio Frequency Identifications Applications	Clocking Systems, Smart Tags, Access Control Equipment etc.	With short range radio technology with Maximum radiated power limit of 100mW, 2 Wand 500mW	865.0 -865.6 MHz 865.6 -867.6 MHz 867.6 -865.0 MHz
Point of Sale Terminal	Point of Sale Terminals systems, including Barcode Readers etc.	None	None

COMMUNICATION REGULATORY AUTHORITY

ANNEXURE C FEES

Regulation 19

EQUIPMENTCATEGORY	FEES (N$)
Call Monitoring Equipment	275
Data Equipment	550
Access Transmission and Network Equipment	2,740
IoT Network Equipment	550
Outdoor Wireless Access Equipment	550
Remote Piloted Aircraft (RPA)	750
Aeronautical Equipment	750
Radio Communications Equipment	550
Satellite Equipment	550
Short Range Devices or Low power terminals	550
Telephone Terminal Equipment	550
IMT Terminal (Other than Mobile Phones)	550
Broadcasting Equipment	550

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