MTC Comments on Paratus Telecommunications Reconside...

 
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
 
 
mtc.com.na
 
 
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
 
PROCEDURES TO BE
FOLLOWED WHEN APPLYING
FOR A LICENCE
 
mtc.com.na
 
4
 
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 facilities
 
that facilitate the
provision of telecommunication services,
broadcasting services,
 electronic communications
services or application services including content
services.
 
 
 
 
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
 
DIFFERENCE BETWEEN AN ECS
AND ECNS &ECS LICENCE
 
mtc.com.na
 
5
 
COMMENTS HAD THE
OPPORTUNITY BEEN
PROVIDED
 
mtc.com.na
 
6
 
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”.
 
mtc.com.na
 
7
 
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
 
 
mtc.com.na
 
8
 
 
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...
 
 
mtc.com.na
 
9
 
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.
 
 
 
 
 
 
 
 
Competition Law
Contravention
 
mtc.com.na
 
10
 
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.
 
Competition Law
Contravention
 
mtc.com.na
 
11
 
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
 
DESIRED OUTCOME
 
mtc.com.na
 
12
 
Thank you
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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.


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  1. 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

  2. REASONS FOR OBJECTION OF LICENSE: CONTRAVENTION OF COMMUNICATIONS ACT & ADMINISTRATIVE LAW

  3. 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

  4. 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

  5. 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

  6. COMMENTS HAD THE OPPORTUNITY BEEN PROVIDED 6 mtc.com.na

  7. 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

  8. 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

  9. 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

  10. 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

  11. 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

  12. 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

  13. Thank you

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