Communications Act, 2009
Regulations prescribing the National Numbering Plan for Use in the Provision of Telecommunications Services in the Republic of Namibia, Numbering Licence Fees and Procedures for Number Licences, 2016
General Notice 97 of 2016
- Published in Government Gazette 5983 on 1 April 2016
- Commenced on 1 April 2016
- [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.]
Chapter I
INTRODUCTORY PROVISIONS
1. Definitions and interpretation
In these Regulations, any word or expression to which a meaning is assigned in the Act, Licence Regulations, and ITU-T Recommendation E.164, has the same meaning, unless the context indicates otherwise-“Act” means the Communications Act, 2009 (Act No. 8 of 2009).“Area Code” is synonymous with the ITU-T’s use of the term “Network Destination Code” as they apply it in their Recommendations relating to numbering matters.“Call” where the context requires the term, it shall include SMS texts and other services.“CDMA” means Code Division Multiple Access“Chargeable fee” means the reference value multiplied by the chargeable quantity of numbers.“Chargeable quantity of numbers” means the total amount of numbers of a specific number length allocated to and in use by a licensee multiplied by weighted value of numbers in terms of regulation 38.“Commercial Services” means short codes that are to be used for services for which a charge is made for the call that exceeds the licensee’s standard cost of call or SMS text message.“Customer” means any person who concluded a contract with the provider of telecommunications services for the provision of such services“Day(s)” means calendar days“Dialled” where the context requires, the term shall include any method a customer uses to initiate a call.“DID” means Direct Inward Dialling“E.164” means the ITU-T Recommendation E.164: The International Public Telecommunication Numbering Plan, 2010.“ECS” means Electronic Communications Service.“ECNS” means Electronic Communications Network Service.“ENUM” means the translation of an E.164 number to one or more IP addresses in accordance with the RIPE specification RFC 3761: The E.164 to Uniform Resource Identifiers (URI) Dynamic Delegation Discovery System (DDDS) Application (ENUM)“Emergency and Public Services” means short codes to be dialled by any customers to access emergency or public services from any network“FreeFone” means a call that is free from charges to the calling customer, also referred to as “Toll Free” calls.“Higher Rate” means a call charge that exceeds a licensee’s standard charge for an off-net call or SMS text and the call charge may include payment for the service accessed by the call.“ISPC” means International Signalling Point Code“ITU-T” means the International Telecommunications Union - Telecommunications.“ITU/TSB” means the International Telecommunications Union - Telecommunications Standards Bureau.“Licence Regulations” means the Regulations Setting Out Broadcasting and Telecommunications Service Licence Categories published in Government Gazette 4714, Notice No. 124 dated 18 May 2011, as amended from time to time.“Licensee Services” means non-commercial services provided by a licensee to its customers to support the provision of telecommunications services e.g. Customer Care or fault reporting by dialling a “on-net” short code.“Machine-to-Machine (M2M)” means a call or data session that is initiated by a device, rather than the customer, to another device or automated answering service.“National Numbering Plan” means the National Numbering Plan for the use in the provision of telecommunications services in the Republic of Namibia“Network Access” means a short code used as a prefix by the customer at the start of the dialling sequence or added by the licensee’s network to ensure correct routing of a call.“NSPC” means National Signalling Point Code“Number Portability” means the ability of users of telecommunications services to retain, at the same location, existing telecommunications numbers without impairment of quality, reliability or convenience when switching from one carrier to another.“Numbering Resources” means the prefixes, codes, short codes, numbers and numbering ranges specified in these regulations.“Off-net” means calls that can originate and terminate or could originate and terminate on different networks. All numbers in these regulations are off-net unless explicitly stated to be on-net.“On-net” means calls that originate and terminate on the same network.“Premium Rate” means a call to service where the charge to the calling customer includes payment for the service accessed, normally in addition to standard call or SMS charges.“Reference Value” means the fee per number equal to the monetary value set by the Authority to offset the cost incurred in respect of management of numbering resources as mandated by section 81 of the Act.“SANC” means Signalling Area/Network Code“Short Codes” means numbers with significantly fewer digits than customer numbers. They may be used as numbers in their own right or as prefixes to other numbers for some special purpose, normally call routing purposes.“Specially Tariffed Numbers” means numbers where the calling customer pays a tariff that is different from the licensee’s standard call tariff“Third party service providers” means service providers that may not be ECS or ENCS providers that offer value added services to telecommunications customers through the use of E.164 numbers“TIA” means the Telecommunications Industry Association “USSD” means Unstructured Supplementary Service Data “VSAT” means Very Small Aperture Terminal“Virtual Telephone” means services that are additional to and enhance a standard Voice or SMS service.2. Purposes of the Regulations
The purposes of these regulations are:3. Submissions of documents to the Authority
In these regulations “submit in writing to the Authority” means either physically or electronically:4. Applicability
5. Authorisation
6. Exclusions
Chapter II
STRUCTURE OF THE NATIONAL NUMBERING PLAN
7. Structure of the National Numbering Plan
Access Prefix | Use | Total Number length (N[s]N) | Notes |
---|---|---|---|
+ | International Access prefix | ||
0 | 0 – National Access prefix00 – International Access prefix01-09 Reserved for future number plan expansion | - | |
Leading Digit | Use | Total Number length (N[s]N) | Notes |
1 | Short Codes | 3 to 5 digits | |
2 | Reserved | ||
3 | Reserved | ||
4 | Reserved | ||
5 | Reserved | ||
6 | 60 - CDMA | 9 digits | No further allocation to be made. The existing allocation will be withdrawn once the service ceases and the range will become reserved |
612, 613, 614, 625, 632, 642, 644, 645, 652, 662, 672 and 673 Existing DID Services only | 9 digits | Allocations to be made for existing customers only. All new customer services to be assigned 86 numbers | |
All other ranges | Reserved | ||
7 | Reserved | ||
8 | 80 – FreeFone | 9 digits | |
81 – Electronic Communications | 9 digits | ||
82 – Electronic Communications | 9 digits | ||
83 – Electronic Communications | 9 digits | ||
84 – Electronic Communications | 9 digits | ||
85 – Electronic Communications | 9 digits | ||
86 – Electronic Communications | 9 digits | Fixed line, VSAT to be migrated to this number range | |
87 – Higher Rate | 9 digits | ||
88 – Virtual Telephone | 9 digits | ||
89 – M2M | 12 digits | Includes ENUM services | |
9 | Short Codes | 3 to 5 digits |
8. Short code categories
9. Use of short codes
10. Signalling point codes
11. Network codes
12. International carrier codes
Licensees shall obtain and use an ITU Carrier Code (ICCs) in accordance with ITU-T Recommendation M.1400.13. Unstructured Supplementary Service Data (USSD) Codes
14. Transitional arrangements
Chapter III
MANAGEMENT OF THE NUMBERING RESOURCES
15. Responsibilities of the Authority
The Authority shall:1st digit | Use | Proposed block size |
---|---|---|
+ | International Access prefix | |
0 | National and International Escape digits | |
1 | Short Codes | Single Number |
2 | N/A1 | |
3 | N/A | |
4 | N/A | |
5 | N/A | |
6 | Fixed-Line DID existing services only | 10,000 |
7 | N/A | |
8 | FreeFone | Single numbers |
Electronic Communications (81, 82, 83, 84, 85) | 100,000 | |
M2M | 100,000 | |
Electronic Communications (86) | 10,000 | |
Higher Rate Services | Single numbers | |
Virtual Telephone | 100 | |
9 | Short Codes | Single numbers |
Signalling, Network and Carrier Codes | Single codes |
16. Licensees’ responsibilities and obligations
17. Eligibility to apply for numbering resources
Only duly licenced providers of telecommunications services may apply for and be allocated numbering resources.18. Applications for allocation of numbering resources
19. Criteria for the assessment of applications for an allocation of numbering resources
1st Digit | Use | Required utilisation |
---|---|---|
+ | International Access prefix | |
0 | National and International Escape digits | |
1 | Short Codes | 100% |
2 | N/A | |
3 | N/A | |
4 | N/A | |
5 | N/A | |
6 | Fixed-Line DID for existing services only | 70% |
7 | N/A | |
8 | FreeFone | 100% |
Electronic Communications (81, 82, 83, 84, 85, 86) | 70% | |
M2M | 70% | |
Higher Rate Services | 100% | |
Virtual Telephone | 100% | |
9 | Short Codes | 100% |
Signalling, Network and Carrier Codes | 100% |
20. Transfer of licences and transfer of control of licences
21. Withdrawal of number licences
22. Application procedures
23. Confidentiality of licensee’s information
24. Reservation of numbering resources
The Authority may, at its sole discretion, reserve one or more numbers or blocks of numbers for any reason, including but not limited to anticipation of future application(s) of licensee(s).25. Notification of number activation or de-activation
26. Duration of number licences
27. Applications for ITU-T numbering resources
28. ENUM
Chapter IV
PROCEDURAL MATTERS
29. Oral hearings
If the Authority considers it necessary or appropriate, it shall in addition hear oral submissions in respect of any application, which hearing shall be conducted in accordance with the regulations regarding hearings published in Government Gazette No 5037, Notice No 310 dated 13 September 2012.30. Condonation
31. Record of proceedings
32. Publication of licensing decisions and licences
33. Reconsideration
Chapter V
AUDIT OF THE USE OF NUMBERING RESOURCES
34. Objective of audit
35. Audit methods
36. Frequency of audit
37. Content of annual audit return
Unless the Authority notifies licensees before the end of August of any year of alternative information requirements, licensees must provide the Authority before the end of October of each year with the following information as at 30 September of that year:Chapter VI
FEES
38. Timetable for payment of fees
39. Calculation of fees
3 Digit Numbers | = 1,000,000 |
4 Digit Numbers | = 100,000 |
5 Digit Numbers | = 10,000 |
6 Digit Numbers | = 1,000 |
7 Digit Numbers | = 100 |
8 Digit Numbers | = 10 |
9 Digit Numbers | = 1 |
Chapter VI
INTEREST AND PENALTIES
40 Penalties for non-compliance
Chapter VII
REVIEW AND REVISION OF THE REGULATIONS
40. Review and revision of regulations
History of this document
15 November 2017 this version
Consolidation
01 April 2016
Commenced