Communications Regulatory Authority of Namibia Proposes Levy Fee Increases

The Communications Regulatory Authority of Namibia (CRAN) has embarked on a significant regulatory overhaul, proposing amendments across various critical areas, most notably a substantial increase in regulatory levy fees. This move, announced during a public hearing in May 2026, seeks to raise the levy from 1% to 2.25% of annual revenue for telecommunication licensees and from 1.2% to 2.25% for broadcasting and postal service providers. These proposed adjustments are driven by CRAN's need to address historical under-recovery of regulatory costs and to fund expanded strategic initiatives aimed at fostering a robust, competitive, and secure communications ecosystem in Namibia. Concurrently, CRAN is reviewing Quality of Service standards, its Spectrum Assignment Strategy for 2025-2027, and has gazetted amendments to regulations governing spectrum licensing, reporting obligations, and universal service provision, signaling a comprehensive effort to modernise the country's communications regulatory framework.

The Communications Regulatory Authority of Namibia (CRAN) is actively shaping the future of Namibia's telecommunications, broadcasting, and postal sectors through a series of proposed regulatory amendments and strategic reviews. As the primary regulator, CRAN's mandate under the Communications Act, 2009 (Act No. 8 of 2009), necessitates a dynamic approach to ensure fair competition, consumer protection, and the promotion of accessible, high-quality communication services. The current period marks a particularly intensive phase of regulatory activity, with several key draft regulations and policy documents undergoing public consultation and finalisation.

Central to these developments is CRAN's proposal to significantly increase the regulatory levy fees payable by licensees. This proposed adjustment, unveiled during a public hearing in May 2026, represents a critical financial shift for industry players and underscores CRAN's commitment to ensuring its financial sustainability and capacity to effectively regulate an evolving digital landscape. Beyond the levies, CRAN is also advancing reforms in areas such as Quality of Service (QoS) standards, spectrum management, and licensee reporting obligations, all of which collectively aim to enhance the efficiency, security, and inclusivity of Namibia's communications infrastructure. This article delves into these pivotal draft regulations, with a particular focus on the implications of the proposed levy increases for legal practitioners and their clients in the Namibian communications sector.

CRAN's regulatory authority is firmly rooted in the Communications Act, 2009 (Act No. 8 of 2009), which empowers it to regulate telecommunications, broadcasting, and postal services in Namibia. The Act provides the framework for licensing, spectrum management, consumer protection, and the imposition of regulatory fees and levies to fund CRAN's operations. Historically, CRAN has imposed regulatory levies on licensees as a percentage of their annual revenue, alongside other fees for spectrum licences and various regulatory processes. For instance, regulations prescribing fees for Spectrum Licences were published in Government Gazette No. 7216, Notice No. 187, dated 19 May 2020.

However, CRAN has indicated that it has faced challenges with the under-recovery of regulatory costs over past years, partly due to legal challenges and the increasing scope of its strategic initiatives. This financial constraint has necessitated a re-evaluation of the existing levy structure to ensure that the Authority can adequately fulfil its statutory obligations, invest in necessary infrastructure, and adapt to technological advancements such as 5G, the Internet of Things (IoT), and Artificial Intelligence (AI). The current wave of draft regulations and policy reviews, therefore, represents a concerted effort by CRAN to align its regulatory framework with current industry realities and future demands, ensuring a sustainable and effective regulatory environment.

The most impactful of CRAN's recent draft regulations is the proposed increase in regulatory levy fees. During a public hearing in May 2026, CRAN announced its intention to amend the regulatory levy from 1% to 2.25% of annual revenue for telecommunication licensees and from 1.2% to 2.25% for broadcasting and postal service licensees. This significant adjustment is primarily driven by CRAN's need to address the under-recovery of regulatory costs and to fund its expanded strategic initiatives, which include enhancing cybersecurity, improving Quality of Service (QoS) standards, and facilitating the deployment of advanced technologies.

CRAN has emphasised that these proposed amendments are designed with fairness and predictability in mind, incorporating provisions to mitigate undue impacts, particularly on smaller operators, by introducing new minimum thresholds. Furthermore, CRAN has benchmarked Namibia's proposed levies against regional peers, asserting that they are aligned with, or lower than, those in comparable jurisdictions, aiming to avoid creating barriers to market entry or negatively impacting consumers. This approach seeks to balance the financial sustainability of the regulator with the economic viability of the industry.

Beyond the levy increases, CRAN has been actively engaged in other crucial regulatory reviews. In November 2024, CRAN hosted a public hearing to discuss updated Quality of Service (QoS) standards for telecommunications and broadcasting services, as well as its Spectrum Assignment Strategy for the period 2025 to 2027. These initiatives are vital for ensuring that services meet consumer expectations and for efficient management of a scarce resource like spectrum, which is essential for emerging technologies. Additionally, Government Gazette No. 8730, dated 4 September 2025, published notices of intention to amend several key regulations, including those prescribing procedures for the application, amendment, renewal, transfer, and cancellation of spectrum licences, as well as regulations on reporting obligations for licensees, and the provision of universal service by telecommunications service licensees. These amendments aim to streamline administrative processes, enhance compliance monitoring, and ensure equitable access to communication services across Namibia. The ongoing review of numbering fees, with adjustments made to N$1.6842 per number following an audit in November 2024, further illustrates CRAN's comprehensive approach to regulatory reform.

The rejection of Starlink's operating licence application in April 2026, primarily due to non-compliance with the 51% Namibian ownership requirement and national security considerations, highlights CRAN's strict adherence to its regulatory framework, even amidst public interest and calls for reconsideration. This decision underscores the importance of understanding and complying with all aspects of Namibia's communications legislation and regulations.

The raft of draft regulations and policy reviews initiated by CRAN signals a period of significant change and heightened compliance requirements for all licensees in Namibia's communications sector. Legal practitioners must closely monitor these developments, particularly the proposed increase in regulatory levy fees, which will directly impact the operational costs and financial planning of telecommunication, broadcasting, and postal service providers. Advising clients on the implications of these increased levies, as well as the revised QoS standards, spectrum management strategies, and updated licensing and reporting obligations, will be paramount.

Practitioners should guide their clients through the public consultation processes, where applicable, to ensure their concerns and perspectives are adequately represented. The emphasis on financial sustainability, enhanced service quality, and robust compliance underscores CRAN's commitment to a well-regulated and competitive market. Staying abreast of the finalisation and implementation dates of these regulations will be crucial for ensuring seamless compliance and strategic positioning within Namibia's evolving communications landscape. The ongoing regulatory activity reflects a proactive effort by CRAN to foster an environment conducive to innovation, investment, and equitable access for all Namibians, aligning with national development goals.