The Communications Regulatory Authority of Namibia (Cran) earlier this week issued a cease-and-desist letter to Elon Musk's low-earth orbiting satellite communications company Starlink to immediately cease all operations in Namibia.
The directive was issued on Tuesday after a Cran investigation confirmed that Starlink is operating a network within Namibia without the required telecommunications licence.
Cran has, therefore, advised the public not to purchase Starlink terminal equipment or to subscribe for its services, as such activities are illegal under Namibian law.
Cran investigators have already confiscated illegal terminals from consumers, and have opened criminal cases with the Namibian Police in this regard.
"Cran remains committed to enforcing the Communications Act to ensure fair competition, consumer protection and compliance with regulatory requirements.
We urge all service providers to adhere to the legal framework governing the telecommunications' sector in Namibia. Starlink must comply with the licensing process before operating in our country," said Emilia Nghikembua, chief executive officer of Cran.
This publication reported earlier in the year that Starlink had submitted an application to Namibian authorities to start operating in the country. Starlink offers high-speed internet, which many pundits believe could severely disrupt the status quo by increasing competition in the relatively small and protected market.
"Yes, Starlink has submitted an application for licences to the authority. The application has been received, and is being processed and considered in terms of the provisions of the Communications Act (No.8 of 2009) and relevant regulations," said Nghikembua at the time.
While Starlink has submitted an application for a telecommunications service licence, Cran has not yet issued this licence, as the application is still under review. Until such time that a licence is granted, the importation of Starlink terminal equipment and use of its services contravenes Namibia's laws.
In August this year, information and communication technology (ICT) minister Emma Theofelus instructed existing telecommunications licence holders to provide input on Starlink's application.
Starlink is a satellite internet constellation operated by Starlink Services, a wholly-owned subsidiary of Musk's SpaceX. Starlink delivers broadband internet beamed down from a network of roughly 500 satellites which SpaceX started launching in 2019. If eventually approved, Starlink will be operated under local telecommunications service provider Paratus.
In their request for exemption in May this year, Starlink's global licensing and activation manager Brandi Oliver said they are building the world's first truly global service provider with millions of subscribers all over the globe.
Starlink remains adamant it should be able to wholly-own the companies in the separate global markets in which it operates. This, however, goes against the laws of most countries which require local ownership in domestic telecommunications operators.
"As part of this, it is imperative that we maintain the same business model in every market to ensure the flexibility to move quickly and in the best interests of our customers. In each of the 108 markets where we have already been licensed, Starlink fully owns the entity holding the licences. Maintaining 100% ownership of the entity holding licences is critical for several reasons," said Oliver in a letter seen by this publication.
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"The mission of Starlink is to enable access to meaningful highspeed - low latency internet to every corner of the earth. It is an exciting time because as of this moment, we are technically able to provide coverage over the entirety of Namibia. This means no matter where citizens are within your country, they will have a path to connect to the internet," he continued.
Moreover, industry experts believe Starlink's entrance into the Namibian market would be good news for local consumers who are suffering under prohibitively high pricing. "If Starlink is given a Namibian licence, then our local players will have to improve their products. Major players like Telecom, MTC and Paratus will have to step up their act if they don't want to give up their market share to the new player," said one industry insider.
