Windhoek — The Namibian Competition Commission (NCC) has concluded its investigation into the Namibian Broadcasting Corporation (NBC) over allegations of engaging in anti-competitive behavior by limiting access for other broadcasters on the Digital Terrestrial Television (DTT) network.

According to Namibia Press Agency, NCC Chief Executive Officer and Secretary, speaking to Nampa on Tuesday, the investigation focused on the free-to-air broadcasting market via the Namibian DTT network. The NCC found that NBC had violated specific provisions of Part II of the Competition Act, notably Section 26 (1) read with Section 26 (2) (b), by unilaterally removing other free-to-air broadcasters from the DTT network, thus restricting market access.

The probe was particularly centered around NBC’s decision in September 2019 to cease broadcasting One Africa Television (OATV) on the NBC DTT network. NBC attributed this action to OATV’s refusal to pay a flat annual carriage fee. OATV contested this explanation, arguing that NBC had not adequately justified how this removal would result in cost savings for NBC.

“Based on its findings, the commission proposed a decision that NBC engaged in prohibited conduct by limiting market outlets, investment, technical development, and technological progress as per Section 26 (1) read with Section 26 (2) (b) of the Competition Act. The commission granted NBC a period of 30 days to make written submissions or to indicate whether it requires an opportunity to make oral representations, in line with Sections 36 and 37 of the Competition Act,” Ndalikokule explained.

He emphasized that while a decision has been proposed by the NCC, it is not yet final. NBC will have the chance to respond to the findings and defend its actions through the processes outlined in Section 36 of the Competition Act. This stage allows NBC to address the commission’s conclusions before any definitive action is taken.