MTC clashes with City over 5G

OGONE TLHAGE

WINDHOEK



MTC is seeking legal advice, amid questions being raised about why the Communications Regulatory Authority of Namibia (Cran) issued a class comprehensive telecommunications service licence to the municipality.

With the licence, the City will now be able to own network elements such as telecommunication towers to allow it to provide telecommunication, broadcasting or communication services, potentially placing it in competition with companies such as MTC, Paratus and TN Mobile.

The City also entered into an agreement with Chinese telecommunications company Huawei for 5G connectivity within Windhoek, it was reported in February.

Subsequently, council documents showed in April that the City planned to establish a company in partnership with Huawei in which it would own the majority stake (51%).

“The aim is for Huawei Communications to design and build the 5G network for the city,” council documents said last month.



Opposition

MTC executive Tim Ekandjo yesterday raised opposition to the City's plans to build its own network.

“You cannot apply for one licence and get something that you have not applied for. Secondly, if due process was followed, we would have had the opportunity to object and/or give comments, but this process was not followed by Cran, which we find very strange,” Ekandjo said. According to him, MTC would seek legal advice on the matter. Paratus said under normal circumstances, the licence to the municipality would not have been issued without stakeholder involvement.

“Such a procedure was not followed by the industry regulator.”

Paratus also questioned why the City, as a local authority, was awarded the licence, saying it was not mandated to implement, manage or own telecommunications services as far as the Local Authorities Act is concerned.

“The awarding of such a licence to the City of Windhoek is therefore illegal,” Paratus said.



City's fight with Paratus

In March, the City stopped Paratus from laying fibre cables along Sam Nujoma Drive, claiming that the company had vandalised municipal property and did not receive the relevant permission to dig trenches.

The City Police subsequently confiscated equipment used to lay the cables.

Paratus at the time described the development as illegal.

The company later approached the High Court, which allowed Paratus to continue laying its equipment. Paratus has already consulted with its legal team to institute civil action against the City, as well as specific individuals, who gave the instruction to illegally confiscate their equipment.



Cran responds

Cran said Paratus had lodged condonation to comment, which it was granted against the City's application for the licence.

Cran said, considering the type of services the City intends to provide, it is of the position that the correct license category is a Class Comprehensive Telecommunications Service License (ECNS and ECS), instead of the Network Facilities Service License that was initially applied for.

“This is mainly due to the City's envisaged smart city services. The City cannot provide all these services under a Class Network Facilities Service License.”

Cran further said granting the licence to the City was not illegal.

“The Communications Act does not prohibit local authorities from holding telecommunications service licenses.

“In addition thereto, Section 30 of the Local Authorities Act, 1992, provides a list of services that a local authority council shall provide to its residents.

“Most of the services listed under that section may only be provided efficiently through the establishment of communications network infrastructure.”

At the time of going to print, the City kept mum on its plans to build a 5G network with Huawei.