Communications Act, 2009
Regulations setting out Licence Conditions for Spectrum Use Licenses, 2013
General Notice 469 of 2013
- Published in Government Gazette 5354 on 2 December 2013
- Commenced on 2 December 2013
- [This is the version of this document at 15 November 2017.]
- [Note: The version of this legislation as at 15 November 2017 was revised and consolidated by the Legal Assistance Centre and the Government of the Republic of Namibia. All subsequent amendments have been researched and applied by Laws.Africa for NamibLII.]
Errors and inconsistencies in capitalisation are not individually marked. The use of italics is also reproduced as it appears in the Government Gazette. Formatting has been adjusted to be consistent with other regulation sets.]
1. Definitions
In these regulations, any word or expression to which a meaning is assigned in the Act, shall have the same meaning and-“Act” means the Communications Act, 2009 (Act No. 8 of 2009).“efficient use” means efficient use of spectrum as defined in ITU Recommendation: ITU-R SM.1046-2 as amended from time to time.2. Purpose
These regulations impose conditions on spectrum use licensees in addition to the conditions imposed by the Act.3. Applicability
These regulations are applicable to all spectrum use licences issued in terms of section 101 of the Act and to persons that may provide telecommunications services without a licence as in regulation 5(2) of the Regulations Setting out Broadcasting and Telecommunications Service Licences Categories, published in Government Gazette 4714, Notice 124, dated 18 May 2011 (As amended in Government Gazette 5148, Notice 74, dated 13 March 2013).[Both of the Notices referred to are General Notices. Note that regulation 5(2) has been further amended since these regulations were issued.]4. Authorisation
5. Spectrum use licence area
6. Duration of spectrum use licences
7. National spectrum band plan
8. Technical conditions
9. Payment of spectrum use licence fees
10. Amendment, renewal or modification of licence
11. Reporting, monitoring and compliance
12. Universal services and access
The Authority may in the manner as prescribed by the Authority in applicable regulations, grant universal service obligations in regard to spectrum use licensees regarding the utilisation of spectrum allocated to such users.13. Regulatory offences
The Authority will prosecute regulatory offences and enforce these licence conditions in terms of sections 114 - 116 of the Act.14. Revocation of licence
The licence may be revoked in terms of sections 42 and 115 of the Act and section 4 of the licensing conditions as may be applicable.15. Amendment of licence conditions
The Authority may amend these conditions from time to time in terms of the rule-making regulations.16. Supervision by authority
The Authority shall supervise compliance with these conditions in terms of sections 114 -116 of the Act.History of this document
15 November 2017 this version
Consolidation
02 December 2013
Commenced