By Professor Marvin Awarab
The Communications Act 8 of 2009 as amended was enacted and as per its premable its purpose is to provide for the regulation of telecommunications services and networks, broadcasting, postal services and the use and allocation of radio spectrum and for the purpose of the establishing an independent Communications Regulatory Authority of Namibia; to make provision for its powers and functions; the granting of special rights to telecommunications licensees; the creation of an Association to manage the .na internet domain name space and for matters connected therewith.
The Communications Act therefore governs the operations of telecommunications and broadcasting services in Namibia. In order to achieve this objective, the Act established the Communications Regulatory Authority of Namibia (CRAN) as an independent and juristic body, to regulate the communications industry in Namibia. The Act sets out 12 objectives which it intends to guarantee through the implementation of its various provisions and through the exercise of its powers by CRAN. Importantly, one of the objectives of the Act is “to stimulate the commercial development and use of the radio frequency spectrum in the best interests of Namibia.” Obviously an Act of Parliament such as the Communications Act is a non-living thing and it therefore needs functionaries to carry out its objectives. Hence, CRAN as mandated by the provisions of the Act is the main functionary required to ensure that its activities stimulate the commercial development and use of the radio frequency spectrum in the best interests of Namibia.
What is radio frequency spectrum?
The portion of the electromagnetic spectrum used for wireless communication is known as the radio frequency spectrum, and it is measured in Hertz (Hz). It encompasses a variety of frequency ranges that allow wireless radio-wave communication, such as radio broadcasting, cellular networks, Bluetooth, and Wi-Fi. The fast expansion of wireless internet services and technological advancements like 4G and 5G have increased demand for wireless broadband. Due to the rapid growth of technologies that need the use of radio spectrum, spectrum managers are now expected to come up with ways to increase the availability of broadband spectrum while maintaining important services.
How does a Regulator effectively stimulate commercial development and use radio frequency spectrum?
National communications regulators are required to oversee the operations of telecommunications service providers to ensure that service providers faciliate economic development. The regulator therefore has to create an environment within which the telecommunications operators thrive and are able to rely on their services and networks to generate profits. The Regulator must further foster an enviroment that helps service providers to save costs. For instance, in setting its tarrif fees, the regulator must not put exhobitant fees as this will discourage licensees from applying for licensees and enaging with the regulator for their commercial activities.
To what extend has Namibia achieve the objectives of stimulating commercial development and use of radio frequency spectrum?
In Namibia, the Authority has been able to implment spectrum sharing provisions of its enabling laws and regulations and in doing this succeeded to preserve all the rights of the license holder while simultenously unlocking the potential of unused spectrum for sharing. Through this proces the unused spectrum was adequately utilised.
By facilitating wireless communication technologies, which in turn encourage innovation, create jobs, support a range of sectors, and enhance consumer access to essential services like mobile broadband, spectrum use fosters economic development. This boosts economic activity in all areas and encourages economic expansion in general.
Through the granting of spectrum licences and encouraging the deployment of wireless technology, the regulator has extensively contributed to economic development in Namibia.
Allowing multiple licensees to operate and compete for spectrum licenses in Namibia has placed a desired obligation on licensees to provide innovate services at affordable rights, foster development across the board.
The fight however is not yet however as there is still more to be done. Certainly Namibia is not where it used to be some 20 years ago as far as telecommunications and ICT is governed. However, we still have a lot to achieve. Extensive collaborative efforts, stakeholder engagements and contributions and dedicated regulatory activities will help the nation to achieve its sustainable development goals through the use of spectrum and the deployment of wireless technology.
Marvin Awarab is an Associate Professor of Law at Welwitchia University and a researcher in Labour Law and Telecommunications Law and Policy. He writes in personal capacity.