CRAN hosts public hearings on proposed regulations

The Communications Regulatory Authority of Namibia (CRAN) last week hosted public consultative meetings regarding proposed regulations prescribing licence fees and regulatory levies, and regulations prescribing functions for carriers in respect of the installation and maintenance of telecommunications facilities.

In accordance with the Communications Act, CRAN is mandated to issue or grant, renew, transfer and amend fees for various licence types in the country. Additionally, the Communications Act empowers CRAN to impose a regulatory levy on providers of communications services in order to defray its expenses. Speaking at the public consultative meetings, CRAN’s acting chief executive officer, Jochen Traut, said: “In the appeal case between CRAN and Telecom Namibia and others, the Supreme Court declared Section 23(2)(a) unconstitutional on the basis that the section constitutes the outsourcing of plenary legislative power to CRAN, given the absence of guidelines and limits for its exercise. Consequently, the regulations made in terms of the section were found unconstitutional.” As a result of the Supreme Court Judgement, CRAN can no longer raise regulatory levies in terms of the regulations as the legislature was required to amend Section 23 in line with the Supreme Court decision.

Subsequently, the Minister of Information and Communication Technology proposed an amendment to Section 23 of the Communications Act. The purpose of the amendment was to ensure that the section is constitutional and valid as per directions of the Supreme Court and thereby enabling the authority to impose a new valid regulatory levy on the communications industry.

“The amended Section 23 aims to provide sufficient requirements and guidelines to the authority on the size or amount of the regulatory levy and build in checks and balances to avoid future constitutional or ultra vires challenges of the regulatory levy,” added Traut.

The Communications Amendment Act was endorsed by Cabinet and the Cabinet Committee on Legislation. The Amendment Act was approved and published for the proposed levies to fund CRAN to fulfil its mandate in terms of the Communications Act.

In accordance with the provisions of the Communications Act, the objectives of the regulations pertaining to functions for carriers in respect of the installation and maintenance of telecommunications facilities shall enable CRAN to prescribe the manner, form and period of notice to be given by a carrier to a land owner in connection with the installation and/or maintenance of telecommunications facilities, as well as the procedure to be followed and consultations to be held between a carrier and the land owner.

“As we pride ourselves as a dynamic regulator, we will continue to independently and transparently regulate the ICT industry by creating a competitive and level playing field in order to increase access to telecommunications and advanced information services to all regions of Namibia in order to promote just, reasonable and affordable prices,” concluded Traut.