Starlink ban draws 624 public challenges

The Communications Regulatory Authority of Namibia (CRAN) has received 624 applications from members of the public and stakeholders seeking reconsideration of its decision to refuse a licence to Starlink Internet Services Namibia.

CRAN this week confirmed that the submissions were filed within the prescribed window following its March ruling, which rejected the satellite internet provider's licence application.

CRAN said Starlink itself had not lodged a reconsideration application, all 624 submissions came from members of the public aggrieved by the decision.

The regulator said all applications would be processed under the Communications Act (No. 8 of 2009) and applicable regulatory procedures.

Mufaro Nesongano, CRAN's executive for communication and consumer relations, said the authority acknowledged the public interest in the matter and that reconsideration applications would be handled through established legal and regulatory processes.

CRAN said it would communicate further once the reconsideration process had been concluded.

communication technology minister Emma Theofelus and CRAN board chairperson Tulimevava Mufeti.

The decision follows a comprehensive assessment of Starlink’s bid for a class comprehensive telecommunications service licence and a spectrum licence for fixed satellite services, submitted in June 2024.

CRAN found that Starlink met only three of the six mandatory criteria required under the Communications Act, making the application legally untenable.

The satellite internet provider satisfied requirements related to competition, technical and financial capacity and frequency availability, the regulator noted.

CRAN acknowledged that Starlink’s low-earth orbit (LEO) satellite technology could help bridge connectivity gaps, particularly in rural and underserved areas where traditional infrastructure is costly.

However, these positives were outweighed by failures in three critical areas: ownership and control, national security compliance and regulatory conduct.

"The applicant met only three of the six criteria," Mufeti said yesterday. If an applicant fails in one of the criteria, they stand to have their application declined.

Foreign ownership a decisive factor

Central to CRAN’s rejection was Starlink’s failure to comply with Namibia’s ownership requirements. The company is wholly foreign-owned and did not secure an exemption from the legal requirement mandating at least 51% Namibian ownership in telecommunications licensees.

CRAN stressed that local ownership is not merely a formality but a cornerstone of regulatory oversight, ensuring that operators remain accountable to domestic laws and authorities.

“The requirement for Namibian ownership and control serves to ensure that telecommunications service providers remain subject to domestic jurisdiction,” the authority noted.

National security and oversight concerns

The regulator also flagged concerns around national defence and public security, particularly relating to data sovereignty and enforceability of regulatory obligations.

Starlink’s satellite-based model, combined with its foreign ownership structure, was deemed to raise “material regulatory considerations” around jurisdiction, compliance enforcement and effective oversight.

CRAN concluded that the application did not adequately satisfy requirements tied to safeguarding national interests and ensuring lawful interception, consumer protection and regulatory compliance.

CRAN found that the company had previously contravened the Communications Act by operating a telecommunications service in Namibia without a valid licence.

The authority also cited Starlink’s failure to respond to a regulatory summons, describing this as a “total disregard for the governance framework of the sector” and raising doubts about its willingness to comply with licence conditions in future.

Because a spectrum licence cannot legally be issued without a valid telecommunications service licence, CRAN also rejected Starlink’s accompanying spectrum application.

Musk's attempt to push Starlink

South African-born billionaire Elon Musk last year urged Namibians to support Starlink’s licence application process, following a post by the company’s vice-president for business operations, Lauren Dreyer.

“If you want to see @Starlink in Namibia, please email licensing@cran.na and voice your support for Government Gazette 8795, Notice 897 before December 12,” Dreyer said in a post on X (formerly Twitter).

According to Dreyer, Namibia stands at a pivotal point in its digital development. “The country ranks 149th out of 156 countries globally in median download speed, and fixed internet penetration rates are below 5%,” she said.

“Starlink can immediately introduce affordable broadband to Namibians no matter where they are located, and we are excited that @CRAN_na is now evaluating Starlink’s licence application,” she added.

Dreyer further noted that Starlink has partnered with a local company to advance its plans to establish a presence in Namibia, underscoring its commitment to the market.

“We have already established a local Namibian company, are discussing agreements with local retailers and resellers, and stand ready to pay all required fees and taxes — just like other operators,” she said.

“Reliable high-speed internet is essential for education, healthcare, business, and public services, and Starlink looks forward to connecting underserved communities across Namibia,” she added.

Musk endorsed Dreyer’s message by simply posting: “Support Starlink in Namibia!”