Starlink Secures PNG License Within a Week of Court Victory

Papua New Guinea is set to benefit from enhanced internet connectivity as Starlink has officially been issued a license to operate its satellite internet services in the country. This development follows swiftly, occurring within just one week of a crucial National Court judgment that resolved a protracted dispute, effectively removing a significant hurdle that had delayed the process for nearly two years.

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The process had begun in 2023 when the telecommunications regulator, the National Information and Communications Technology Authority (NICTA), ran two rounds of public consultation: one on the licensing of low-Earth orbit services and the other on the rules governing licences.

The journey to secure Starlink's operational license in PNG was complex. The telecommunications regulator, the National Information and Communications Technology Authority (NICTA), had initiated the licensing process in 2023, involving public consultations. However, the process was halted in February 2024 following a directive from the Ombudsman Commission (OC), which had raised concerns about the licensing procedures. This directive was based on advice suggesting that NICTA's preliminary approval of Starlink's license occurred before the completion of a second public consultation, thereby potentially overlooking the views of mobile network operators.

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According to the court judgement issued by Judge Susan Purdon-Sully, the NICTA board decided on 18 December 2023 to approve a Starlink licence “in principle”, subject to the usual processes.

In a significant ruling, the National Court, presided over by Judge Susan Purdon-Sully, found the Ombudsman Commission's directive to be an "unlawful exercise" of power. The court determined that the OC had exceeded its authority, labeling its actions as a "disproportionate, pre-emptive strike" and an "arbitrary and unconstitutional exercise of power." This judicial review, filed by the Information and Communications Technology Minister and NICTA, successfully challenged the OC's remit, affirming NICTA's authority to proceed with its regulatory duties.

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Although NICTA was responding to those queries, the OC issued a directive on 28 February 2024 halting the licensing of Starlink.

Prime Minister James Marape had previously welcomed the court's decision, underscoring the importance of bringing advanced internet services like Starlink to PNG. This ruling is a victory for technological advancement and connectivity in the Pacific region, particularly for communities that have long been underserved due to geographical isolation. The swift issuance of the license post-judgment demonstrates the government's commitment to leveraging technology to bridge the digital divide and foster economic development across the nation.

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While the OC has the authority to issue a directive, the judge decided that there had been an “unlawful exercise” of a power that is only supposed to be used in “very limited and carefully considered cases”.