The Communications Regulatory Authority of Namibia (CRAN) has endorsed a High Court ruling that struck down exclusive agreements on fibre networks, saying the move will open access, encourage competition, and expand broadband across the country.
CRAN Chief Executive Officer Emilia Nghikembua said the ruling reinforces the regulator’s mandate to ensure fair access to critical infrastructure.
“This judgment provides clarity on the application of Namibia’s Infrastructure Sharing Regulations. It affirms that exclusive agreements for access to essential facilities such as fibre networks are not permissible. Such exclusivity undermines competition and prevents other licensed operators from gaining fair access to critical infrastructure, contrary to the principles of fairness, non-discrimination, and open access,” she said.
She added that broader infrastructure access would benefit both industry and consumers.
“This will stimulate investment, accelerate the deployment of broadband and next-generation technologies, and expand coverage into underserved areas. Consumers will benefit directly from greater choice, improved service quality, and more affordable connectivity,” Nghikembua said.
Under Sections 48 and 50 of the Communications Act, 2009 (Act No. 8 of 2009), CRAN is empowered to mandate infrastructure sharing among carriers, broadcasters, and utilities.
Nghikembua said these provisions oblige operators to share passive infrastructure such as towers, ducts, and poles, while dominant players must also provide access to active infrastructure like antennas, base stations, and transmission links.
“CRAN enforces these provisions by issuing regulations, monitoring compliance, and resolving disputes to ensure that infrastructure sharing is conducted on reasonable and non-discriminatory terms. Infrastructure sharing is critical to Namibia’s digital transformation agenda,” she said.
She noted that sharing facilities helps reduce duplication, cut costs, and speed up the rollout of broadband and mobile networks, while also improving reliability and enabling faster deployment of new technologies such as 4G and 5G.
The High Court ruling followed a long-running dispute over a 2012 lease agreement between NamPower, MTC, and Telecom Namibia, which gave MTC and Telecom exclusive access to NamPower’s dark fibre under an automatic renewal clause.
MTN Business challenged the legality of the arrangement in 2022, leading CRAN to void the exclusivity under Regulation 17(2)(b) of the Infrastructure Sharing Regulations.
MTC and Telecom contested CRAN’s decision in the High Court, while the regulator sought confirmation that the agreement ended on 31 May 2022. On 31 July 2025, the Court ruled the renewal clause invalid and confirmed the agreement’s termination, strengthening fair competition and CRAN’s push for open access.
