Namibia officially explains rejection of Starlink application

by ALFRED SHILONGO

WINDHOEK – NAMIBIA’S rejection of a licence application by Starlink was influenced by its failure to meet the criteria of compliance history, ownership and control, as well as national defence and public security.

This is according to the country’s regulator, explaining for the first time why it turned down the application by the Elon Musk-owned company earlier this week.

The government had only confirmed the rejection through the government gazette and further advised that, “The full reasons for these decisions may be requested from the Authority (Communications Regulatory Authority of Namibia (CRAN)).”

Tulimevava Mufeti, CRAN Board Chairperson, expressed the reasons at a press briefing late Tuesday at the Government Information Centre in Namibia.

Although failing to qualify in the three criteria aforementioned in this article, Starlink met the criteria of competition, technical and financial capacity, as well as frequency availability.

“Since each criterion is a ground for refusal, the authority then resolved to decline the application for the Electronic Communications Service (ECS) and Electronic Communications Network Service (ECNS) licence,” Mufeti said.

At the briefing, she explained broadly why Starlink did not qualify, adding that on each occasion, the application would contravene the Communications Act.

In her words, Starlink was requested, like all the other applicants, to meet the prescribed ownership requirements under Section 46 of the Act.

“However, unfortunately, Starlink does not comply with ownership requirements. The entity is wholly foreign-owned. Starlink did not obtain the exemption from the statutory regulation that mandates it to have a minimum ownership of 51 percent Namibian. Therefore, this criterion was not met.”

On the national defence and public security criterion, Mufeti said CRAN viewed data sovereignty and national control as central to the regulation of telecommunications services in Namibia, as envisaged in the Communications Act and the national policy governing the sector.

The Act mandates that all licences should operate in a manner that promotes public interests, safeguards national security and ensures compliance with applicable legal and regulatory obligations, including provisions related to lawful interception, consumer protection, as well as effective regulatory oversight.

On Starlink’s compliance history, Mufeti said the applicant contravened the Act by operating a network and offering a telecommunications service without a valid service licence.

“Starlink’s contravention of the Communications Act and subsequently its failure to respond to the authorities’ summons shows a total disregard for the governance framework of the sector and also raises doubt about Starlink’s ability to honour licence conditions in future.”

Emma Theofelus, Minister of Information and Communication Technology, addressing the same briefing, said CRAN made a comprehensive and structured assessment of the application in accordance with the relevant Act and the applicable spectrum regulations.

“This process was guided by the principles of administrative law, including legality, rationality, proportionality and procedural fairness, and included considerations of public submissions,” Theofelus said.

This decision marks a significant setback for Starlink expansion in Southern Africa.

It has only secured licences in Botswana, Eswatini, Lesotho, Madagascar, Malawi, Mozambique, Zambia and Zimbabwe in the bloc.

– CAJ News