Namibia’s communications regulator has closed its reconsideration process on Starlink’s rejected licence application, directing the aggrieved parties to the High Court.
Communications Regulatory Authority of Namibia (Cran) chief executive Emilia Nghikembua announced this yesterday.
She said Cran has completed the reconsideration process provided for under the Communications Act and has exhausted all avenues available to it.
“Cran’s role in this application has now concluded. The aggrieved parties may invoke Section 32 of the Communications Act by bringing an application for review before the High Court,” Nghikembua said.
Cran rejected trillionaire Elon Musk’s Starlink licence application on 23 March.
Following this, the authority received requests for reconsideration.
One of the applications submitted for reconsideration was that of Starlink itself, which was submitted on 8 June.
“The law requires that the application be submitted within 30 days from the date of the decision. In this case, the 30 days to submit the application lapsed on 22 April,” Nghikembua said.
She said neither the Communications Act nor the regulations allow Cran to condone late applications.
Furthermore, members of the public submitted a total of 624 requests for reconsideration.
Nghikembua said 622 applications were dismissed because they did not meet the legal requirements for reconsideration.
She said many of the applications did not clearly indicate what they wanted the authority to reconsider or provide valid reasons for reviewing the decision.
Only two applications met the procedural requirements and were considered on merit.
Nghikembua said one of the main arguments raised was that Starlink’s entry into Namibia would improve competition and help bridge connectivity gaps.
She said this was, however, not a valid reason for reconsideration because Cran had already considered those issues during its decision in March.
Nghikembua said the licensing assessment is based on six criteria and applicants must satisfy all six.
She said ownership requirements also featured prominently in the requests for reconsideration.
“Our position has always been that the law indicates that in order for an applicant to receive a licence, you must be 51% owned and/or controlled and if not, you must apply for an exemption from the minister. The minister rejected that exemption.”
Nghikembua said some applicants suggested Starlink could operate through a reseller model or another business structure.
However, she said Cran could only assess the business proposal formally submitted to it.
“It is not for us as regulators to encourage applications to break the law, but rather applicants must place before us a business case that is compliant with the law,” she said.
The authority also declined to consider a petition submitted by about 5 000 members of the public on 17 June, because it was lodged after the reconsideration deadline had passed.
“Neither the regulations nor the Communications Act empower us to deal with applications that have been submitted late,” Nghikembua said.
She said Cran’s decision should not be interpreted as opposition to satellite technology.
