NIGERIAN COMMUNICATIONS COMMISSION ACT

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LAWS OF THE FEDERATION OF NIGERIA

NIGERIAN COMMUNICATIONS COMMISSION ACT

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EXPLANATORY MEMORANDUM

An Act to establish the National Frequency Management Council and the Universal Access Fund and to reform the Nigerian Communications Commission and repeal the Nigerian Communications Commission Act 1992: and for related matters.

CHAPTER I—OBJECTIVES, APPLICATION AND SCOPE

1. Objectives of the Act.
2. Application and Scope.

CHAPTER II—ESTABLISHMENT, FUNCTIONS AND MEMBERSHIP OF COMMISSION

PART 1—ESTABLISHMENT AND FUNCTIONS OF COMMISSION

3. Establishment of the Commission.
4. Functions of the Commission.

PART 2—MEMBERSHIP OF THE COMMISSION

5. Establishment of Governing Board.
6. Commissioner’s remunerations, allowances, etc.
7. Qualification etc. of the Commission’s Board.
8. Appointment and Tenure of Commissioners.
9. Resignation of a Commissioner.
10. Removal of a Commissioner.
11. Vacancy on the Board.

PART 3—MANAGEMENT AND STAFFING OF THE COMMISSION

12. Chief Executive.
13. Executive Commissioners.
14. Commission Secretary.
15. Staff of the Commission.
16. Conditions of Service.

PART 4—FINANCIAL PROVISIONS

17. Fund of the Commission.
18. Borrowing powers, gifts, etc.
19. Budget and expenditure.
20. Financial year and audit of Commission’s accounts.
21. Annual reports for National Assembly.
22. Exemption from taxation.

CHAPTER III—FUNCTIONS OF THE MINISTER AND NATIONAL FREQUENCY MANAGEMENT COUNCIL

PART 1—FUNCTIONS OF THE MINISTER

23. Functions of the Minister.
24. Formulation of policy.
25. Relationship with the Commission.

PART 2—NATIONAL FREQUENCY MANAGEMENT COUNCIL

26. Establishment of National Frequency Management Council.
27. Membership of NFM Council.
28. Functions of NFM Council.
29. Meetings and proceedings.
30. Funding and staffing of NFM Council.

CHAPTER IV—LICENCES PART 1—REQUIREMENT FOR AND CLASS OF LICENCES

31. Requirement for Licences.
32. Classes of licences.
33. Licensing processes, etc.

PART 2—LICENCE CONDITIONS

34. Commission’s declaration.
35. Affected licensees.
36. Register of declarations.
37. Expiration, modification or revocation of declarations.
38. Assignment of licence and compliance with licence conditions.

PART 3—INDIVIDUAL LICENCES

39. Application for individual licence.
40. Additional information.
41. Processing of applications.
42. Licence Undertakings.
43. Renewal of individual licence.
44. Surrender of individual licence.
45. Suspension or revocation of individual licence.
46. Effect of suspension of licence.
47. Effect of surrender, revocation, etc.
48. Register of individual licences.

PART 4—CLASS LICENCE

49. Class licence and conditions.
50. Registration of class licensee.
51. De-registration of class licensee.
52. Register of class licences.

CHAPTER V—POWERS AND PROCEDURES OF THE COMMISSION PART I—DIRECTIONS

53. Issuance of directions.
54. Modification of direction.
55. Non-compliance with direction.
56. Register of directions.

PART 2—INQUIRY

57. Inquiry.
58. Public inquiry.
59. Private inquiry.
60. Publication of report.

PART 3—INVESTIGATION FOR PURPOSES OF ADMINISTRATION, INQUIRY, ETC.

61. Investigation.
62. Complaint.
63. Conduct of investigation.

PART 4—INFORMATION-GATHERING POWERS

64. Information-gathering powers.
65. Non-compliance.
66. Evidence of compliance.
67. Record and publication of information, etc.

PART 5—REGISTER

68. Register.
69. Access to Register by public.

PART 6—REGULATIONS, GUIDELINES, ETC.

70. Commission’s Regulations, Guidelines, etc.
71. Rule-making process.
72. Regulatory review.

PART 7—NOTIFICATION AND RESOLUTION OF DISPUTES

73. Commission’s powers to resolve disputes.
74. Resolution of disputes by parties.
75. Notification of disputes.
76. Resolution of disputes by Commission.
77. Register of decisions.
78. Enforcement of Commission’s decision.

PART 8—REGISTRATION OF AGREEMENTS

79. Registration of agreements.
80. Register of agreements.

PART 9—UNDERTAKINGS

81. Undertakings.
82. Registration of undertakings.
83. Rules of undertakings.
84. Withdrawal of undertakings.
85. Enforcement of undertakings.

PART 10—REVIEW OF DECISIONS

86. Reasons for decisions.
87. Review of decision by Commission.
88. Judicial review of decision.

PART 11—MONITORING AND REPORTING

89. Monitoring and reporting.

CHAPTER VI—ECONOMIC REGULATION

PART 1—GENERAL COMPETITION PRACTICES

90. Commission’s exclusive competence on competition laws.
91. Anti-competition practices.
92. Dominant operator.
93. Exemptions.
94. Legal action against default.
95. Regulation relating to foreign operators.

PART 2—INTERCONNECTION

96. Obligation to interconnect.
97. Interconnection agreements.
98. Registration of interconnection agreements.
99. Interconnection regulations and agreements.
100. Disconnection of interconnection.

PART 3—ACCESS

101. Provision of access.
102. Access list and register.
103. Regulations, discontinuance of access, etc.

CHAPTER VII—CONSUMER AFFAIRS

PART I—CONSUMER PROTECTION AND QUALITY OF SERVICE

104. Quality of service.
105. Resolution of consumer disputes.
106. Consumer Code.

PART 2—REQUIRED APPLICATIONS SERVICES

107. Required applications services.

PART 3—TARIFF RATE REGULATION

108. Approval of tariffs and charges by Commission.
109. Exemptions.
110. Tariff rates, rules and regulations.
111. Penalty for operating unapproved tariffs, charges, etc.

PART 4—UNIVERSAL SERVICE PROVISION

112. Universal service provision.
113. Unserved areas, underserved areas, and underserved groups.
114. Universal Service Provision Fund.
115. USP Board.
116. Membership of USP Board.
117. USP Board Proceedings.
118. USP Secretariat.
119. USP Fund Managers.
120. USP Regulations.

CHAPTER VIII—TECHNICAL REGULATION PART I—SPECTRUM ASSIGNMENT

121. Management and administration of frequency spectrum.
122. Illegal use of spectrum.
123. Regulations.
124. National frequency plan.
125. Frequency Licence.
126. Compulsory acquisition of spectrum assignment.
127. Forfeiture of spectrum assignment.

PART 2—NUMBERING AND ELECTRONIC ADDRESSING

128. Administration and planning of numbering, electronic addressing.
129. Delegation of responsibility.

PART 3—TECHNICAL STANDARDS

130. Technical code and specifications.
131. Offences.
132. Type approval.
133. Type approval offences, etc.
134. Regulations.

CHAPTER IX—GENERAL PART 1—INSTALLATION OF NETWORK FACILITIES, ACCESS TO NETWORK FACILITIES, ETC.

135. Required approvals for network installations, etc.
136. Duty of Care.
137. Access to network facilities.

PART 2—JURISDICTION, OFFENCES, POWERS OF ENTRY, ETC.

138. Competent Court.
139. Offences by corporate persons.
140. General penalties.
141. Powers of entry and investigation by inspectors.

PART 3—ACTIONS AGAINST COMMISSION ETC.

142. Limitation of suits against Commission, etc.
143. Service of court processes on Commission.
144. Restriction on· execution against Commission’s property.
145. Indemnity of Commission’s officials.

PART 4—NATIONAL INTEREST MATTERS

146. General duty of licensees.
147. Network interception capability.
148. Emergency provisions.
149. Disaster plan.

CHAPTER X—REPEAL AND TRANSITIONAL PROVISIONS PART 1—REPEAL AND SAVINGS

150. Repeal of 1992 No. 75, 1998 No. 30, 1995 No. 21.
151. Existing rights, interests, etc. under repealed Acts.
152. Outstanding obligations and liabilities under repealed Acts.
153. Pending proceedings or causes of actions under repealed Acts.
154. Commission’s assets, funds, etc. pursuant to repealed Acts.
155. Office holders pursuant to repealed Acts.

PART 2—TRANSITIONAL PROVISIONS FOR LICENCES, DEFINITIONS AND SHORT TITLE

156. Old licences.
157. Interpretation.
158. Short title.

FIRST SCHEDULE: Supplementary Provisions Relating to the Board of Commissioners.

SECOND SCHEDULE : Conflict of Interest.

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NIGERIAN COMMUNICATIONS COMMISSION ACT 2003

An Act to establish the National Frequency Management Council and the Universal Access Fund and to reform the Nigerian Communications Commission and repeal the Nigerian Communications Commission Act 1992: and for related matters.

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[COMMENCEMENT                       8^th day of July 2003]

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ALPHABETICAL INDEX TO THE LAWS OF NIGERIA (UPDATED TO 2018)