Compliance Advantage: How Licensing and Timelines Drive Telecommunication and Broadcasting Success

05 Nov
Posted by: Thomas Mbenzi
Category: News
No Comments

 

21 OCTOBER 2024- WINDHOEK
In the ever-evolving landscape of telecommunications and broadcasting, compliance is not just a regulatory requirement, it is also the bedrock of long-term success. While licensing conditions and compliance procedures might seem like mere formalities to companies in these industries, they are, in fact, essential safeguards that protect the integrity of services and can set apart licensees in either thriving in a competitive market or facing steep penalties, service disruptions, and reputational damage. Thus, this article explores why compliance with licensing conditions, especially reporting timelines, is so crucial for telecommunications and broadcasting services. More importantly, this article demonstrates how regulatory adherence is not just a box to check off exercise, but rather an essential strategy for building a sustainable business in these dynamic industries.
In this regard, whether it is ensuring that consumers have uninterrupted access to services, or that companies remain competitive in a crowded market, compliance and adherence to licensing requirements serve as the backbone of the industry. In the same vein, when licensees prioritise and embrace licensing requirements the ripple effect is infinite, to a seamless licensing process and consequently a healthier business environment where success is more guaranteed to follow.

The Role of Licensing in Telecommunications and Broadcasting

At the heart of every successful telecommunication or broadcasting service lies a legal structure built on adherence to regulatory frameworks. It is for this reason that licensing of telecommunications and broadcasting services plays a dual role. On the one hand, it is a safekeeping mechanism that ensures that only qualified and authorised companies are allowed to operate and on the other hand, it provides the legal framework within which these companies must operate, ensuring that operators conduct their businesses in a manner that benefits consumers and fosters fair competition.

The Communications Regulatory Authority of Namibia (CRAN) is empowered in terms of the Communications Act, 2009 (No. 8 of 2009) and applicable regulatory frameworks to ensure that telcos and broadcasters meet specific legal, technical and operational standards. On issuance of the service license, these standards are set out as conditions of the license including requirements on quality of service, network expansion, consumer protection, and often, corporate transparency standards. Whereas, CRAN has a duty to oversee compliance of these regulatory requirements there is dual obligation alike for licensee to know, understand and adhere to these requirements in accordance with their licenses. However, while meeting these conditions is the first step, continuous compliance with these regulations, especially in terms of regular and timely reporting, is crucial for maintaining the license and averting penalties or service disruptions.
Hence, without proper adherence to these licensing conditions, companies risk more than just financial penalties, they could lose their license to operate, or in severe cases, face legal action. It is for this reason that licensees must view licensing as a living, ongoing process, rather than a one-time event.

The Importance of Timely Reporting

Central to compliance is the responsibility of licensees to submit timely reports to CRAN. Reporting timelines are a fundamental part of the licensing process, providing the Authority with critical information about the licensee’s operations, financial health, and the quality of service. Whether it is reporting on technical performance, customer complaints, or financial audits, these timelines ensure that CRAN can keep track of whether the licensee is adhering to the terms of the license and maintaining the necessary standards. Therefore, timely reporting allows for proactive regulation, since CRAN relies on the accurate and timely data to identify issues such as network congestion, service outages, or financial instability to ensure delivery of its mandate.

Additionally, licensees that meet reporting timelines demonstrate a commitment to transparency and operational efficiency which fosters trust and bolsters its reputation in the eyes of consumers, investors, and CRAN.

Similarly, CRAN mandates that all telecommunications and broadcasting licensees submit designated reports, annual financial statements, and annual returns. In alignment with these regulatory requirements, licensees are also obligated to pay their annual license fees, as well as regulatory and spectrum fees. To reinforce this framework, CRAN published the Regulations Prescribing Regulations on Reporting Obligations for Licensees in terms of General Notice No. 24 of Government Gazette No. 7445 dated 01 February 2021, prescribing the reporting requirements and obligations for broadcasting and telecommunications licensees. Furthermore, CRAN has implemented clear regulations regarding license fees and regulatory levies, which constitute part of the compliance obligations for licensees. These regulations also stipulate penalties for failure to comply with reporting deadlines, in accordance with sections 114, 115, and 116 of the Communications Act, along with the relevant penalty regulations.

Compliance as a Strategic Business Advantage

For licensees seeking to build a long-term and sustainable business, regulatory compliance is not a bureaucratic hoop to jump through but a strategic advantage that drives growth, credibility, and operational stability. In this instance, companies that prioritise adherence to licensing conditions and reporting requirements are less likely to experience disruptions in their operations. Moreover, maintaining a solid compliance record reduces the likelihood of fines, legal issues, and reputational damage, all of which can negatively impact a business’s profitability.

In addition to averting penalties, compliance can also stimulate innovation. Numerous licensing conditions in the telecommunications and broadcasting sectors encourage or mandate companies to invest in advanced technologies, such as the implementation of high-speed broadband or next-generation broadcasting equipment. Adhering to these conditions can drive companies to innovate, enhance their infrastructure, and elevate their services, thereby providing them with a competitive advantage in the marketplace.

Best Practices for Ensuring Compliance

To mitigate the risks associated with non-compliance, licensees must establish robust compliance programs that emphasise adherence to licensing conditions and reporting requirements. The following best practices are recommended:

  • Maintain a Proactive Approach: Telecoms and Broadcasters should anticipate regulatory changes and proactively adjust their operations accordingly. This involves staying informed about the latest changes in licensing conditions and reporting deadlines.
  • Invest in Compliance Systems: Automating the reporting process can ensure that deadlines are consistently met. Furthermore, investing in compliance management systems can facilitate the monitoring of adherence to licensing conditions and identify potential issues before they escalate.
  • Cultivate a Culture of Compliance: Compliance should be regarded as a collective responsibility within the organisation. It is essential that all employees, from executive leadership to operational staff, comprehend the significance of adhering to regulatory requirements.
  • Conduct Regular Audits: Implementing internal audits can help pinpoint areas where the licensee may not meet regulatory expectations. This proactive measure allows for timely corrections before incurring penalties.

Conclusion

In the highly competitive realms of telecommunications and broadcasting, licensees that prioritise compliance tend to achieve greater success. By adhering to licensing conditions, meeting reporting deadlines, and focusing on regulatory requirements, licensees not only avert penalties and operational disruptions but also establish a foundation for sustained success. Compliance transcends mere rule-following; it fosters a culture of accountability, client centric, transparency, and innovation that benefits both the organisation and its consumers, overall.
Conclusively, as regulatory oversight intensifies and consumer expectations rise, companies that perceive compliance as a strategic advantage are more likely to flourish. By embracing the licensing process and adhering to established timelines, organisations can reap the rewards of a compliant, sustainable, and prosperous operation.

‘End”

Issued by:
Ms. Lovisa Isak
Legal Advisor: Licensing & Regulatory Compliance
Communications Regulatory Authority of Namibia (CRAN)
Tel: +264 61 222 666
Email: Communications@cran.na

Copyright © 2024 CRAN | All Rights Reserved.

Tulimevava Kaunapawa Mufeti

Chairperson

Kauna Mufeti is a Computer Science and Information Systems expert with extensive experience in the use of ICT infrastructures to support e-Learning in developing contexts. She also has a passion for software development, specifically in creating database-driven web applications for multi-user systems and developing content for online courses.

Her leadership journey includes heading the School of Computing from 2015 to 2020, where she oversaw educational, research, and administrative functions. She supervised multiple collaborative funded research projects with various national and international institutions.

Kauna also has a robust background in managing the development of software systems. She spearheaded the development of several Content Management Systems for the University of Namibia (UNAM) clients. She also managed the development of the University Management Information Systems project at UNAM, coordinating efforts between multiple stakeholders and an offshore development team.

She holds a Doctor of Philosophy in Information Systems, Master of Science Degree in Computer Science, and Bachelor of Science with Honours Degree in Computer Science, all from Rhodes University. Additionally, she holds a Bachelor of Science Degree in Computer Science and Physics, from the UNAM.

She is currently an Associate Professor in the Department of Computing, Mathematical and Statistical Sciences at UNAM.

Aletha Nangula Haufiku

Board Member

Aletha Haufiku is a Human Resources professional with over 15 years of business acumen and extensive HR leadership. She is a versatile, personable, results-oriented, and empowering Leader that assists the firm's leadership team in translating the company strategy into HR initiatives that improve performance, profitability, and growth, while also handling legal and compliance concerns, talent retention, and employee engagement.

She has expertise and experience in general HR and business functions such as Business Management, Strategic Human Resources, HR Staffing & Administration, Organisational Development Business Re-engineering, Employee and Labour Relations, Compensation and Benefits, and Employee Wellness, Health and Safety.

Aletha holds a Master of Science in Entrepreneurship (MSC) from the ESSCA School of Management in Paris, France; Master of Business Administration (MBA) from the City University of Applied Science, Hochschule Bremen, Germany; B Tech Human Resources Management and National Diploma Human Resources Management from the Namibia University of Science and Technology (former Polytechnic).

She is currently employed by Bokomo Namibia as Human Resources Executive.

Elvis Elia Nashilongo

Vice-Chairperson

Elvis Nashilongo is an operations’ practitioner with over 2 decades of experience in the management of Pension funds schemes. He holds a Master’s degree in International Business (MIB/MBA) specializing in Business Management strategies. He also holds a Post Graduate Diploma in Executive Development Program (EDP), a Bachelor’s Degree in Communication and Industrial Psychology and a National Diploma in Public Management.

Mr. Nashilongo has served in leadership and management roles such as former chairman at Mobile Telecommunications Limited (MTC), a former chairman of Government Employees Pension Fund (GEPF) and Principal Officer of GEPF, Board Member at Retirement Funds Institute of Namibia (RFIN), Director and Chairman at Omusati Medical Hospital, and Board Member at Public Relations Institute of Southern Africa (PRISA). He is currently employed as General Manager: Operations, at the Government Institutions Pension Fund (GIPF)

Gerhard Coeln

Board Member

Gerhard Coeln is a seasoned Electrical Engineer and founder of GeCoCo Consulting, responsible for electricity distribution & supply industry development and restructuring at local, regional, and national level. He holds an MBA from the Heriot-Watt University in Edinburgh Business School in Scotland and a B.Sc. Electrical & Electronic Engineering from the University of Cape Town. He has recently participated in and received the TPRM certificate course at Wits University.

Gerhard initially worked at telecom companies in South Africa whereafter he returned to Namibia where he worked for a consulting firm Henning Seelenbinder and Partners (HSP) in Windhoek, which concentrated more on power systems and electricity networks throughout Namibia. He then worked for the Municipality of Walvis Bay electricity department until the establishment of Erongo RED.

Gerhard was involved in the restructuring process of the electricity supply industry that culminated in the creation of the Electricity Control Board. Moreover, he was the founding Chief Executive Officer (CEO) of Erongo RED from March 2005 until January 2013. He provided strategic leadership, financial planning and management, board reporting, risk management, environmental scanning, stakeholder management, corporate governance, corporate image, and project management skills during his tenure at Erongo RED.

He as worked at multiple private electricity firms such as Rural Maintenance (Pty) Ltd involved in turn-around strategies for municipalities’ electricity department in South Africa.

Veiko Shatilwe Alexander

Board Member

Veiko Alexander is an admitted legal practitioner of the High Court of Namibia and is the founder and director of the law firm, Veiko Alexander & Company Incorporated. He holds a LLB from the University of South Africa and B-Juris from University of Namibia.

Veiko’s service alignment is predominantly commercial and corporate advice, although a limited part of his practice also includes, labour, civil and criminal litigation. He specialises on advising on mining and minerals related law; licensing and regulatory; the drawing, negotiation and reviewing of contracts; conducting of due diligences and project financing.

Apart from being a practicing lawyer, Veiko is also a director, and serves on the board of directors of CRAN, Lemon Square Investments (Pty) Ltd, Nam-mic Holdings (Pty) Ltd and Ino Harith Capital, a leading fund manager appointed to manage the Namibia Infrastructure Fund 1 and Namibia Infrastructure Fund 2.

Florette Nicolette Nakusera

Board Member

Florette Nakusera is a seasoned professional Economist with over 24 years of experience, ranging between leadership, executive, management and operational experience in the financial sector, the aviation sector, statistics, environmental economics, and the education sector. She possesses excellent communication and negotiation skills and have good strategic appreciation and vision. she has a collaborative approach, with good interpersonal skills to engage, motivate and encourage others. She is an analytical decision-maker that has considerable experience in building companies/institutions and managing difficult situations.

Florette holds an M.Comm (Economics) and B.Comm (Hons) Economics from the University of Stellenbosch. Additionally, she also holds a Bachelor of Commerce degree from the University of Namibia, certificates in International Executive Development Programme (IEDP) form the WITS Business School and London Business School, and Executive Development Programme (EDP) from the University of Stellenbosch Business School.

She is currently employed by the Bank of Namibia (BoN) as a Director of the Financial Stability and Macroprudential Oversight Department, and Head of the Namibia Deposit Guarantee Authority (NDGA). She is also a Member of the Financial Sector Stability Committee (FSSC) and Macroprudential Oversight Committee (MOC) at BoN.

Jeanine Du Toit

Board Member

Jeanine du Toit is a dedicated and driven professional with a profound enthusiasm for finance, technical standards, and value-added reporting. With a career spanning over a decade in managerial roles as an audit partner/director, Jeanine brings a wealth of experience in bookkeeping, accounting, taxation, payroll, and audit engagements across diverse industries.

Jeanine holds an Honours Bachelor of Accounting Science and Bachelor of Accounting Science from the University of South Africa (UNISA). She is recognized as a Competency Assessor, Registered Auditor, Chartered Accountant, and Professional Accountant. Her commitment to professional excellence is further demonstrated through her active participation on various institutional technical and educational boards, including the ICAN Accounting and Audit Standards Committee.

Throughout her career, Jeanine has navigated a wide array of industries including Property and Real Estate, Fishing, Legal Practitioners, Manufacturing, Transport, Freight, Shipping and Logistics, Health and Medical, Retail, Tourism and Leisure (Public Sector), Pharmaceutical, Mining, Property Development and Construction, Agriculture and Farming.

Currently, Jeanine serves as the Managing Audit Partner of PKF-FCS Auditors and Executive Director in Walvis Bay for PKF Financial Consulting Services (Pty) Ltd, Namibia. She also contributes her expertise to the governance of the Namibia Institute of Professional Accountants (NIPA), as an invited Board Member and serve on the Public Accountants and Auditors Board (PAAB) Educational Committee.

Ronel le Grange

Executive: Engineering & Technical Services

Ronel is a dedicated and experienced project management and business development professional with 21 years’ experience in the telecommunications industry in Namibia. She was responsible for various technological and commercial projects from the scoping and planning stages, to completion within specified time frames for both mobile operators in Namibia.

She is skilled in completing return on investment assessments, risk assessment, vendor negotiations, resource allocation and project implementation. Ronel is experienced in working with and leading cross-functional teams from technical, commercial and financial areas within young and established organizations.

Helene Vosloo

Executive: Economics & Market Development

Helene obtained a master in business administration (MBA) through the Edinburgh Business School, Heriot-Watt University in the united Kingdom. She also holds an Honors degree in Statistics from the university of the State, South Africa. Helene lectured at the university of the Free State Between 1991 and 1992 after which she joined the National Planning Commission, Central Bureau of Statistic in 1992. In 1995 she joined the Ministry of Agriculture in the Directorate of planning, from where she moved to the electricity control board until she joined CRAN in 2012 as Head Economic Sector Research.

Tanswell Davies

Executive: Governance, Risk & Compliance Management

Tanswell obtained a Baccalaureus Juris Degree (December 2005) and a Bachelor of Law Degree (December 2007) through the University of Namibia and he is currently studying towards a Master in ICT Policy and Regulation Degree through the University of Witwatersrand in Johannesburg. He attended the School of Oriental and African Studies at the University of London from November 2005 to February 2006, where he completed a special program of study that focused on a legal system of Africa and Asia. Tanswell served as a member of the Namibia Rugby Union Disciplinary Committee in 2012.

He currently serves as a member of the Criminal Litigation Committee and as the Chairperson of the Bursaries and Sponsorship Committee of the Namibia Law Society. He lectured at the University of Namibia in the Law Faculty of the LLB Program on a part time basis from 2010 to 2013. He was admitted as a Legal Practitioner to the High Court in April 2009 and practiced for 4 years as a Legal Practitioner at BD Basson Legal Practitioners. In 2012, he joined PWC Auditing firm as Manager of Indirect Tax, a position he held until December 2012. He was appointed as a Legal Advisor for CRAN in 2013 to January 2015; in February 2015 he was appointed as Company Secretary for CRAN.

Lucrezia Henckert-Louw

Executive: Human Capital

Lucrezia Henckert-Louw is a seasoned Human Capital Practitioner and holds a National Diploma in Human Capital and a Bachelor of Technology degree in Human Resource from the Polytechnic of Namibia. She also holds a Senior Management Development Program qualification, which she obtained through the University of Stellenbosch Business School in the Republic of South Africa. Before joining CRAN in 2012, Lucrezia was employed by the International Training & Education Center on Health (I-TECH), where she served as a Senior Manager: Human Resources. Other previous employers include the polytechnic of Namibia where she was employed for ten years.

Lucrezia is passionate about the field of Human Resources and in establishing CRAN as an employer of choice. Her conviction that Human Resources should be an advocate for employees drives her on-going effects to strengthen CRAN’s HR department to ensure all employees are treated fairly and equally, and that needs of the business are balanced with the needs of the employees. “employees of choice are those companies that receive recognition for the way they treat employees; they are the companies for whom people want to work. Becoming an employer of choice means that Human Resources balances recruiting the most qualified applicants, selecting the most suitable candidates and retaining the most talented employees,” she states.

Elton Witbooi

Executive: Cybersecurity and ICT

Elton Witbooi holds a Diploma in Business Computing; Honours Degree in Software Engineering; Bachelor’s Degree in Administration; and a Master’s Degree in Business Administration. He served in various ICT capacities in numerous public and private sector organisations, before joining CRAN on 1 February 2023 as the Executive: Cyber Security and ICT.

Mufaro Nesongano

Executive: Communication & Consumer Relations

With over 20 years of experience in broadcasting, communication, public relations, and brand management, Mr. Mufaro Nesongano has successfully led various teams in the execution of communication and stakeholder management strategies across both the private and public sector within the realms of academia, tourism and quite recently, the insurance industry.

He holds a Master’s degree in Journalism and Media Technology, an Honours degree in Journalism and Communication, and a Bachelor’s degree in Journalism and Communication. Additionally, he has a certificate in Digital Transformation Strategy and Executive & Management Coaching.

Emilia Nghikembua

Chief Executive Officer

Emilia Nghikembua is the Chief Executive Officer of the Communications Regulatory Authority of Namibia (CRAN). She is the holder of a Baccalaureus Juris, Bachelor of Law and Master of Law (cum laude) degrees from the University of Namibia, respectively. Emilia also holds a Master of Arts in Information and Communications Technology; Policy and Regulation obtained from the University of the Witwatersrand and an Executive Master of Business Administration with majors in business and technology. She is an admitted legal practitioner of the High Court of Namibia.

Emilia was ranked among the top 100 African economic leaders by Institute Choiseul in 2022. The ranking identified her as among the 100 Africans under the age of 40 years, expected to play a major role in the continent’s economic development soon. In 2023, Emilia was honoured by the Windhoek Observer as one of 50 Namibians of Merit under the corporate leadership segment. Emilia is passionate about uplifting people.

Maria Moses

Executive: Finance & Administration

Maria has over 20 years of experience in the finance/accounting field, and has served as an Auditing Officer, Management Accountant, Manager: Management Accounting, and Director: Administration Services for various public and private sector organisations in the pension fund industry, ICT regulator, road sector and mining and energy sector.

Maria holds a Master of International Business, Bachelor of Technology in Accounting & Finance, National Diploma in Accounting, Certificate in Business Accounting, Certificate in Telecommunications Policy, Regulation and Management (TPRM), Certificate in Project Management and Certificate in Management Development Programme (MDP).