MTC Comments on Paratus Telecommunications Reconside...
MTC objects to the award of a telecommunications license to the Municipal Council of Windhoek citing contravention of the Communications Act and Administrative Law. They highlight the failure to follow proper licensing procedures and explain the differences between ECS and ECNS licenses, emphasizing the importance of providing opportunities for public comments.
- Telecommunications
- Licensing Procedures
- Regulatory Compliance
- Public Hearing
- Telecommunications Services
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MOBILE TELECOMMUNICATIONS LIMITED (MTC) COMMENTS TO THE PUBLIC HEARING FOR THE APPLICATION FOR RECONSIDERATION SUBMITTED BY PARATUS TELECOMMUNICATIONS (PTY) LTD IN RESPECT OF THE AUTHORITY S DECISION TO AWARD THE MUNICIPAL COUNCIL OF WINDHOEK A TELECOMMUNICATIONS LICENSE
REASONS FOR OBJECTION OF LICENSE: CONTRAVENTION OF COMMUNICATIONS ACT & ADMINISTRATIVE LAW
PROCEDURES TO BE FOLLOWED WHEN APPLYING FOR A LICENCE Section 40 of the Act clearly states the application procedures to be followed: Licensing procedures 40. (1) The Authority must by regulation determine open, non-discriminatory and transparent procedures for the submission and consideration of applications for licences and for the withdrawal and renewal of licences. (2) These procedures must include public notice and opportunity to comment on applications and must specify the time periods within which the Authority must resolve or otherwise act on applications and submissions relating to applications, including applications for renewal. PROCEDURES WERE NOT FOLLOWED mtc.com.na
DIFFERENCE BETWEEN AN ECS AND ECNS & ECS LICENCE Class Network Facilities Licence (ECS) a telecommunications service licence entitling the holder to construct, maintain, own and make available one or more network elements, infrastructure or other facilitiesthat facilitate the provision of telecommunication services, broadcasting services, electronic communications services or application services including content services. 4 mtc.com.na
DIFFERENCE BETWEEN AN ECS AND ECNS &ECS LICENCE Class Comprehensive Telecommunications Service Licence (ECS & ECNS) Licensees issued with an ECNS and Comprehensive telecommunications service (ECNS and ECS ) license are duly authorised to install, maintain and operate the necessary infrastructure and to provide telecommunications services 5 mtc.com.na
COMMENTS HAD THE OPPORTUNITY BEEN PROVIDED 6 mtc.com.na
Section 33 (1) of the Act prohibits an activity that has the effect of restricting or distorting competition in a market for the supply of telecommunications services . Section 34 (1) of the Act places an obligation on the Authority to ensure fair competition . 7 mtc.com.na
Section 60 provides that carrier may, for the purposes of provision of telecommunications services, enter upon any land, including any street, road, footpath or land reserved for public purposes 8 mtc.com.na
Section 62 provides that carrier may, after reasonable notice in writing to the local authority or person owning or having the care and maintenance of any street, road or footpath, construct and maintain in the manner specified in that notice any pipes, tunnels or tubes required for telecommunication facilities under any such street, road or footpath... 9 mtc.com.na
Competition Law Contravention The Authority erred in its duty to ensure fair competition. The license awarded to the Council allows it to enter the telecommunications fibre market and participate therein The Council (as a local authority) will enjoy preference to land rights and the holder of vast pieces of land. 10 mtc.com.na
Competition Law Contravention The Council will enjoy the dominant position in land ownership and infrastructure development. Awarded license without conditions or amendments to ensure compliance to Section 34. Other industry players are disadvantaged in this regard. 11 mtc.com.na
DESIRED OUTCOME 1. Revocation of License and award of Network Facilities License as applied 2. Alternatively, 2.1 licence with clear conditions to cure the competitive advantage and; 2.2 amendment of Section 62 of the Communications Act to not require notice/consent to be provided 12 mtc.com.na
