By: Nghiinomenwa-vali Erastus
More legal tools might be required to enforce and ensure infrastructure sharing within the telecommunications sector.
This was noted during a high-level workshop on the Regulatory Impact Assessment (RIA) of Namibia’s telecommunications infrastructure sharing framework on 16 July 2025 in Windhoek. The workshop was hosted by the Communications Regulatory Authority of Namibia (CRAN), bringing together key stakeholders, industry leaders, and members of the media to discuss the findings and recommendations of the RIA report.
Sections 48 and 50 of the Communications Act and its Regulations establish a mandatory infrastructure sharing regime.
This requires all carriers, broadcasters, and utilities to engage in passive infrastructure sharing upon request. Additionally, dominant operators are obligated to participate in active infrastructure sharing.
Despite these provisions, significant implementation challenges remain, according to CRAN.
Disputes over enforcement have led to ongoing legal proceedings before the High Court and the Namibian Competition Commission (NACC).
CRAN’s Chief Executive Officer, Emilia Nghikembua noted that stakeholders generally view the current regulations as enabling, adding that specific enhancements should focus on introducing greater flexibility through soft law instruments.
This is to allow operators to adopt business models that suit their needs while ensuring clear regulatory expectations.
She said strengthened oversight is necessary to enforce good-faith negotiations, improve dispute resolution, and enhance transparency particularly in publishing available capacity.
“Clearer pricing guidance and fair treatment of all market players will support sustainable and equitable access”, Nghikembua noted, recommending regulatory improvements aimed at fostering cooperation, reducing investment duplication, and availing affordable broadband access to consumers.
The RIA also recommended strengthening enforcement mechanisms, improving transparency, and adopting soft law tools such as codes of practice and guidelines. These tools will enable operators to implement tailored business models while promoting cooperation and regulatory compliance without disrupting the market.
The workshop highlighted the importance of infrastructure sharing in promoting economic growth, expanding coverage, and reducing operational costs.
CRAN’s findings show that while Namibia’s regulatory framework currently encourages passive infrastructure sharing such as towers and ducts, challenges persist, particularly regarding active sharing and compliance with existing regulations.
The RIA, commissioned by CRAN with support from the International Telecommunication Union, provides an in-depth evaluation of the current framework’s effectiveness.
It identifies implementation challenges and draws lessons from peer countries, including Botswana, Ghana, Kenya, and Mauritius.
These benchmarks showcase international best practices and inform recommendations for refining Namibia’s approach. erastus@thevillager.com.na
