Connect with us

Support The NewsHawks

Minister of ICT Tatenda Mavetera.

Opinion

Legal framework for Starlink

Published

on

PRESIDENT Emmerson Mnangagwa yesterday announced on social media that he has approved the licensing of Starlink high-speed satellite internet service which is taking the world by storm.

DONALD MADONDO

Starlink  is a  satellite internet constellation  operated by  Starlink Services, LLC, a wholly-owned subsidiary of  American  aerospace  company  SpaceX, providing coverage to over 70 countries.

  By its low standards, the government was pretty fast on this issue to licence Starlink. The process was done under the Postal and Telecommunications Act [Chapter 25] as amended, including changes to the Act 4/2000, 3/2001 (section 48), 22/2001 (section 4), 14/2002 (section 18), 6/2005.  Section 34 of Telecommunication licence:

(1) Subject to this section and section thirty-five, no person shall provide a telecommunication service or operate a telecommunication system except in accordance with a telecommunication licence;

(2) Subject to the terms and conditions of the licence, a telecommunication licence shall authorise the licensee to operate a telecommunication system or provide a telecommunication service, including, in particular, any one or more of the following services as may be specified in the licence;

(a) a radiocommunication service;

 (b) a fixed-line telephone service;

 (c) a telegraph service;

(d) a telex service;

 (e) a satellite telephone service;

(f) an Internet service;

(g) an electronic mail service;

(h) the leasing of telecommunication lines;

(i) such other telecommunication service as the Minister may prescribe for the purposes of this section.

(3) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding level ten or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. [Subsection amended by section 4 of Act 22 of 2001]

(4) In addition to any punishment it may impose under subsection (3) and without derogation from its powers under any enactment, a court convicting a person of contravening subsection (2) shall declare forfeited to the State any equipment or apparatus used for the purpose of or in connection with the offence: Provided that the court shall not make such a declaration if the convicted person satisfies the court that, for reasons which it shall record, there are special reasons in the particular case why the equipment or apparatus concerned should not be forfeited.

(5) The proviso to subsection (1) and subsections (3), (4), (5) and (6) of section 62 of the Criminal Procedure and Evidence Act [Chapter 9:07] shall apply, mutatis mutandis, in relation to a declaration in terms of subsection.

 Mnangagwa said: “I’m pleased to announce that i have approved the licensing of Starlink by POTRAZ to provide advanced internet and related digital processing services in Zimbabwe through its sole and exclusive local partner, IMC Communications (Pvt) Ltd. Starlink @Starlink is a Low Earth Orbit (LEO) Satellite operator wholly owned by global conglomerate Space X led by promiment multi-billionaire  @ElonMusk,”

 Mnangagwa said on X (Twitter), also owned by Musk. Postal and Telecommunications Regulatory Authority Director (Potraz) Gift Machengete recently said the network regulator was in the process of licensing Starlink to start operating in Zimbabwe if it meets the requirements.

 He confirmed receipt of the latter’s application. Machengete was responding to questions from MPs asking the regulator why the country was not yet using satellite services like Starlink during an induction workshop for the joint portfolio committees on Information Communication Technologies Postal and Courier Services and Media and Broadcasting Services held at Clevers Hotel in Masvingo on May 12.

“There is nothing difficult at all on licensing Starlink. What we should be clear about is that as Potraz our licensing framework is technology-neutral.

“We do not care what type of technology you are bringing, what we care about is the service and we would want you to offer that service at the lowest possible rate but our licensing technique is not technology specific but is neutral.

“We have no problem with licensing Starlink but there was a lot of talk that Potraz was resisting licensing Starlink which was not correct. That was a lie because at that time when people were saying that Starlink had not even applied. It would not have made sense for us to beg Starlink to apply because people were making noise

“Right now Starlink has applied and we are processing their application so if they meet their obligations then they will be licensed like any other service provider because it is not the technology that they are bringing that matters. After all we already have others operating on VISAT which is also a satellite so it is nothing new.

“We are expecting network operators to improve because it seems foreign currency is now available. The challenge was on foreign currency for investments which had reduced of late hence they could not bring in new machines to upgrade systems and maintenance was even difficult.”

Speaker of Parliament Jacob Mudenda said the ministry of ICT should take charge and finish the matter.

“This ministry has the power to drive the economy of   Zimbabwe using artificial intelligence. There is need to come up with appropriate laws in line with new ICTs for national development, we need to come up with legislation that promotes the ease of doing business in the country,” Mudenda said.

While the government announced that Starlink is now licensed, it also indicated it will be working with IMC Communications to provide service.

Who is IMC Communications? It is controversial businessman Wicknell Chivayo, party crony capitalism at work. It is not illegal, but corrupt.

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *


Advertisement




Popular