Communications Act, 2009
Regulations in respect of Type Approval and Technical Standards for Telecommunications Equipment, 2015
General Notice 22 of 2015
- Published in Government Gazette 5659 on 30 January 2015
- Commenced on 3 August 2015
- [This is the version of this document at 15 November 2017.]
- [Note: The version of this legislation as at 15 November 2017 was revised and consolidated by the Legal Assistance Centre and the Government of the Republic of Namibia. All subsequent amendments have been researched and applied by Laws.Africa for NamibLII.]
General Notice 265 of 2015 (GG 5765) came into force on date of publication: 26 June 2015
General Notice 269 of 2016 (GG 6074) came into force on date of publication: 18 July 2016
These regulations were made by the Communications Regulatory Authority of Namibia.
General Notice 265/2015 (GG 5765) states that it “amends the Regulations in respect of Type Approval and Technical Standards for Telecommunications Equipment published in General Notice No. 22 of 30 January 2015 by substituting the preamble thereof”. In fact, there is no Preamble. What is substituted is the text of the General Notice which promulgated the regulations. The substituted text contains transitional provisions which apply until 30 November 2015. General Notice 269/2016 (GG 6074) similarly substitutes the text of the General Notice which promulgated the regulations to provide for a transitional period up to 31 October 2016. The text as substituted by General Notice 269/2016 reads as follows:
1. Definitions
In these regulations, any word or expression to which a meaning is assigned in the Act, shall have the same meaning and-“accredited test laboratory” means any laboratory accredited by its own national accreditation body or another recognised accreditation body in terms of International Organisation for Standardisation/ International Electrotechnical Commission(ISO/IEC) requirements;“Act” means the Communications Act, 2009 (Act No. 8 of 2009);“applicant” means a person applying for type approval of telecommunications equipment in accordance with these regulations;“Authority” means the Communications Regulatory Authority of Namibia as established in terms of Section 4 of the Communications Act, Act 8 of 2009;“Customs” means the Department of Customs and Excise within the Ministry of Finance.“declaration of conformity” means a written declaration issued by an applicant or manufacturer or supplier of telecommunications equipment in accordance with ISO/IEC 17050-1 requirements for which type approval is sought conforms to these regulations and applicable technical standards;“electronic communications” means any emission, transmission or reception of sound, pictures, text or any other information by wire, radio waves, optical media, electromagnetic systems or any other means of a like nature;“electronic communications network” means any system of electronic communications facilities, including without limitation-(a)satellite systems;(b)fixed systems (circuitand packet-switched);(c)mobile systems;(d)fibre optic cables (undersea and land-based);(e)electricity cable systems (to the extent used for electronic communications services); and(f)other transmission systems, used for conveyance of electronic communications;“electronic communications service” means a service provided to the public, sections of the public, the State, or the subscribers to such service, which consists wholly or mainly of the conveyance by any means of electronic communications over an electronic communications network;“foreign regulatory authority” means a regulatory authority outside Namibia, which performs the same or substantially the same functions as the Authority and whose standards are acceptable to the Authority;“telecommunications equipment” means communications or networking equipment with an interface to public network or wide area network services and includes but not limited to telecommunications terminal equipment, information technology equipment (including but not limited to a digital set-top box decoder), radio communication equipment powered by means of an internal or external electrical AC/DC energy source and electronic communications network equipment.“the website” means the website of the Authority with URL: www.cran.na.“type approval” means-(a)The process undertaken by the Authority of authorising the use of telecommunications equipment in Namibia, involving the verification of such equipment’s conformity to and compatibility with the Act, applicable technical standards and other regulatory requirements; or(b)the process undertaken by the Authority of examining and testing telecommunications equipment so as to determine whether such equipment has passed performance tests and quality assurance tests, and meets qualification criteria in accordance with applicable technical standards and other regulatory requirements.“type approval fees” means fees relating to type approval as set out in Annexure 2 of these regulations;“type approval certificate” means a certificate issued by the Authority to an applicant confirming that such applicant’s telecommunications equipment has been type approved;“type approval register” means a register kept by the Authority pursuant to section 27 of the Act that contains basic technical and compliance information on all type approved telecommunications equipment, including any conditions the Authority attached to such type approval.2. Submission of documents to the Authority
In these regulations “submit in writing to the Authority” means either physically or electronically-3. Purpose
4. Applicability
5. Telecommunication equipment requiring type approval
6. Registration of supplier
7. Application procedures
8. Declaration of conformity and criteria for approval
9. Decision by the Authority
10. Effect of successful application for type approval
11. Monitoring compliance and inspections
12. Revocation of type approval certificate
13. Fees
14. Prohibited telecommunications equipment
15. Amendment of technical standards
16. Non-compliance, Offences and Enforcement
[The capitalisation of this heading is reproduced as it appears in the Government Gazette.]17. Oral Hearings
[The capitalisation of this heading is reproduced as it appears in the Government Gazette.]18. Condonation
19. Ex parte communications
[The phrase “ex parte” does not appear in italics in the Government Gazette.]20. Record of proceedings
21. Reconsideration
History of this document
15 November 2017 this version
Consolidation
03 August 2015
Commenced