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Starlink bid to operate in Namibia declined

Starlink bid to operate in Namibia declined

Staff Reporter

THE Communications Regulatory Authority of Namibia (CRAN) has declined an application by Starlink to operate in Namibia, citing non-compliance with key legal and regulatory requirements, including ownership rules, national security considerations, and prior breaches of the law.

CRAN announced the decision following a detailed assessment of Starlink Internet Services Namibia (Pty) Ltd’s application for a Class Comprehensive Telecommunications Service Licence and a spectrum licence for fixed satellite services.

The regulator said the application, submitted in June 2024, was evaluated in line with the Communications Act (No. 8 of 2009) and applicable licensing regulations, taking into account factors such as competition, technical and financial capacity, frequency availability, ownership and control, national security, and compliance history.

According to CRAN, Starlink met requirements relating to competition, technical and financial capacity, and frequency availability. However, the application failed to meet critical criteria related to ownership and control, national defence and public security, and compliance history.

The Authority added that Starlink is wholly foreign-owned and did not meet the legal requirement for at least 51% Namibian ownership, nor did it obtain an exemption. This raised concerns about regulatory oversight, jurisdiction, and compliance with local laws.

CRAN further highlighted national security concerns, pointing out that telecommunications providers must operate in a manner that safeguards public interest, ensures data sovereignty, and allows for effective regulatory control, including lawful interception and consumer protection.

The regulator also cited Starlink’s prior contravention of the Communications Act, accusing the company of operating in Namibia without a valid licence and failing to respond to regulatory summons, which raised doubts about its willingness to comply with local regulations.

“Each of the criteria assessed constitutes an independent ground for refusal,” CRAN said, adding that Starlink only met three of the six required conditions.

As a result, the Authority rejected both the telecommunications service licence and the associated spectrum licence, noting that a spectrum licence cannot be granted without a valid service licence.

CRAN emphasised that it is legally bound to act within the framework of the Communications Act and that approving a non-compliant application would be inconsistent with the law.

The Authority added that Starlink or any aggrieved party may request a reconsideration of the decision within 30 days.

Despite the rejection, CRAN acknowledged the potential of low earth orbit satellite technology to expand connectivity, particularly in rural and underserved areas, and said it remains committed to supporting innovation and investment in Namibia’s telecommunications sector.

Photo: Starlink

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