A Starlink antennae against the night sky (Ivan Antypenko via Getty Images)

PNG court clears the way for Starlink

PNG’s national court has found the Ombudsman Commission exceeded its powers, likely ending a two-year block on licensing for the internet provider.

Amanda H. A. Watson

29 April 20264 min read

Over the past few years, Starlink’s low-Earth orbit satellite internet service has entered the Pacific Islands region, bringing connectivity to communities long defined by their isolation. Regulatory responses have varied between Pacific countries, meaning Starlink status differs. When Niue gave Starlink the go-ahead in late March 2026, it left Papua New Guinea as one of only a handful of Pacific countries to not yet issue a licence for the internet provider.

That looks set to change after a judgement handed down on Friday, 24 April, at the PNG National Court, which has likely cleared the way for Starlink’s satellite internet service to be available soon in PNG.

Prime Minister James Marape was quick to welcome the judge’s decision, highlighting the importance of the case.

At issue was the process for issuing a licence to Starlink to offer its services in PNG. The dispute effectively halted the licensing process, ultimately causing a delay of about two years.

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.

At present, the Customs authorities are seizing Starlink equipment at the country’s borders.

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. The country’s Ombudsman Commission (OC) reportedly received advice from an unknown source, or sources, that this approval had occurred before the second consultation process had been completed and therefore the views of the three mobile network operators had not been considered.

The OC had communicated with NICTA regarding its concerns about the licensing process. Although NICTA was responding to those queries, the OC issued a directive on 28 February 2024 halting the licensing of Starlink. 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”.

Information and Communications Technology Minister Timothy Masiu and NICTA filed a judicial review on 20 September 2024. They argued that the OC had exceeded its remit. The judge’s ruling in the case has upheld the judicial review. The court says the regulator can carry out its duties, meaning that there is now no obstacle to the licensing process progressing.

The judgement is scathing of the OC. It found that the OC’s directive was a “disproportionate, pre-emptive strike”. The court said the OC went beyond its powers and that the directive was “an arbitrary and unconstitutional exercise of power”.

And what about the supposed administrative issue of the NICTA board approving a licence before a consultation process had been completed? NICTA had suggested to the court that the two rounds of consultation were not of direct relevance to the issuing of the licence and that “public consultations were not a compliance requirement”. The court seems to have accepted that argument. But even if it did not, the court does not accept that an administrative issue of this scale is sufficient to warrant the OC halting all proceedings.

Papua New Guinea’s Prime Minister James Marape was quick to welcome the judge’s decision (Andrew Kutan/AFP via Getty Images)

Marape welcomed the outcome as an “important step forward for communications access and digital progress”. He also pointed out that the court’s decision supports the independent regulator and “confirms that proper regulatory institutions must be allowed to perform their lawful functions”.

Starlink is likely to be issued a licence for its satellite internet service in PNG in the coming days or weeks. It is envisaged that both the company and the regulator will aim to move quickly in response to the interest being expressed in the community.

At present, the Customs authorities are seizing Starlink equipment at the country’s borders. For instance, equipment found in suitcases belonging to incoming passengers. Those leaving the country can collect their property upon departure. NICTA is holding some people’s Starlink kits. Once the licence is issued, Customs processes would change and NICTA would release the kits it is holding.

While some community members in PNG will not be able to afford to purchase a Starlink kit, others will embrace the opportunity with enthusiasm. Businesses operating in rural and remote parts of the country will likely welcome reliable internet access.

Thanks to court staff who handled my queries about the timing of hearings. I am grateful to Moses Sakai, Hafford Norea and Emily Matasororo who attended hearings on my behalf.

About the author

Amanda H. A. Watson

Dr Amanda H. A. Watson is a researcher (Opens in new window) with the Department of Pacific Affairs (Opens in new window) at The Australian National University.

Topics

Papua New Guinea Government & politics Cyber & technology Pacific Islands