Federal Republic of Nigeria Official Gazette

1 Communications2003 No. 19A 285 ExtraordinaryFederal Republic of NigeriaOfficial GazetteNo. 62 Lagos - 19th August, 2003 Vol. 90 Government Notice No. 115 This following is published as Supplement to this Gazette :Act TitlePage 19 nigerian Communications Act, 349 Printed and Published by The Federal Government Printer, Lagos, 173/82003/2,000 (OL 77)Annual Subscription from 1st January. 2003 is Local : N5, Overseas : N8, [Surface Mail] N10, [Second Class Air Mail] Present issue : N350 per copy. Subscribers who wish to obtain Gazette after 1st January should applyto the Federal Government Printer, Lagos for amended 286 2003 No.

2 19 CommunicationsCommunications2003 No. 19A 287 nigerian COMMUNICATIONS ACT, 2003 ARRANGEMENT OF SECTIONSSECTION :CHAPTER I OBJECTIVES, APPLICATION AND of the and II ESTABLISHMENT, FUNCTIONS AND MEMBERSHIP OF COMMISSIONPART 1 ESTABLISHMENT AND FUNCTIONS OF of the of the 2 MEMBERSHIP OF THE of Governing s remunerations, allowances, etc. of the Commission s and Tenure of of a of a on the 3 MANAGEMENT AND STAFFING OF THE of the of 4 FINANCIAL of the powers, gifts, and year and audit of Commission s reports for National from 288 2003 No.

3 19 CommunicationsCHAPTER III FUNCTIONS OF THE MINISTER AND NATIONAL FREQUENCYMANAGEMENT COUNCILPART 1 FUNCTIONS OF THE of the of with the 2 NATIONAL FREQUENCY MANAGEMENT of National Frequency Management of NFM of NFM and and staffing of NFM IV LICENCESPART 1 REQUIREMENT FOR AND CLASS OF for of processes, 2 LICENCE s of , modification or revocation of of licence and compliance with licence 3 INDIVIDUAL for individual of of individual of individual or revocation of individual of suspension of of surrender, revocation, of individual 4 CLASS licence and of class of class of class No.

4 19A 289 CHAPTER V POWERS AND PROCEDURES OF THE COMMISSIONPART I of of with of 2 of 3 INVESTIGATION FOR PURPOSES OF ADMINISTRATION, INQUIRY, of 4 INFORMATION-GATHERING of and publication of information, 5 to Register by 6 REGULATIONS, GUIDELINES, s Regulations, Guidelines, 7 NOTIFICATION AND RESOLUTION OF s powers to resolve of disputes by of of disputes by of of Commission s 8 REGISTRATION OF of of 290 2003 No. 19 CommunicationsPART 9 of of of of 10 REVIEW OF for of decision by review of 11 MONITORING AND and VI ECONOMIC REGULATIONPART 1 GENERAL COMPETITION s exclusive competence on competition action against relating to foreign 2 to of interconnection regulations and of 3 of list and , discontinuance of access, VII CONSUMER AFFAIRSPART I CONSUMER PROTECTION AND QUALITY OF of of consumer 2 REQUIRED APPLICATIONS applications No.

5 19A 291 PART 3 TARIFF RAT E of tariffs and charges by rates, rules and for operating unapproved tariffs, charges, 4 UNIVERSAL SERVICE service areas, underserved areas, and underserved Service Provision of USP Board Fund VIII TECHNICAL REGULATIONPART I SPECTRUM and administration of frequency use of frequency acquisition of spectrum of spectrum 2 NUMBERING AND ELECTRONIC and planning of numbering, electronic of 3 TECHNICAL code and approval offences, IX GENERALPART 1 INSTALLATION OF NETWORK FACILITIES, ACCESS TO NETWORK FACILITIES, approvals for network installations, of to network 292 2003 No.

6 19 CommunicationsPART 2 JURISDICTION, OFFENCES, POWERS OF ENTRY, by corporate of entry and investigation by 3 ACTIONS AGAINST COMMISSION of suits against Commission, of court processes on on execution against Commission s of Commission s 4 NATIONAL INTEREST duty of interception X REPEAL AND TRANSITIONAL PROVISIONSPART 1 REPEAL AND of 1992 No. 75, 1998 No. 30, 1995 No. rights, interests, etc. under repealed obligations and liabilities under repealed proceedings or causes of actions under repealed s assets, funds, etc. pursuant to repealed holders pursuant to repealed 2 TRANSITIONAL PROVISIONS FOR LICENCES, DEFINITIONS AND SHORT SCHEDULE :Supplementary Provisions Relating to the Board SCHEDULE : Conflict of No.

7 19A 293 nigerian COMMUNICATIONS ACT, 20032003 ACT No. 19AN ACT TO ESTABLISH THE NATIONAL FREQUENCY MANAGEMENT COUNCILAND THE UNIVERSAL ACCESS FUND AND TO REFORM THENIGERIAN COMMUNICATIONS COMMISSION AND REPEALTHE nigerian COMMUNICATIONS COMMISSION ACT 1992 ;AND FOR RELATED MATTERS[8th July, 2003]ENACTED by the National Assembly of the Federal Republic of Nigeria CHAPTER I OBJECTIVES, APPLICATION AND SCOPE1. The primary object of this Act is to create and provide a regulatoryframework for the nigerian communications industry and all matters relatedthereto and for that purpose and without detracting from the generality of theforegoing, specifically to (a) promote the implementation of the national communications or,telecommunications policy as may from time to time be modified and amended.

8 (b) establish a regulatory framework for the nigerian communicationsindustry and for this purpose to create an effective, impartial and independentregulatory authority ;(c) promote the, provision of modem, universal, efficient, reliable, affordableand easily accessible communications services and the widest range thereofthroughout Nigeria ;(d) encourage local and foreign investments in the nigerian communicationsindustry and the introduction of innovative services and practices in the industryin accordance with international best practices and trends ;(e) ensure fair competition ill all sectors of the nigerian communicationsindustry and also encourage participation of Nigerians in the ownership, controland management of communications companies and organisations ;(f) encourage the development of a communications manufacturing and supplysector within the nigerian economy and also encourage effective research anddevelopment efforts by all communications industry practitioners ;(g) protect the rights and interest of service providers and consumers withinNigeria.

9 (h) ensure that the needs of the disabled and elderly persons are taken intoconsideration in the provision of communications services ; and(i) ensure an efficient management including planning, coordination, allocation,assignment, registration, monitoring and use of scarce national resources in thecommunications sub-sector, including but not limited to frequency spectrum, ofthe 294 2003 No. 19 Communicationsnumbers and electronic addresses, and also promote and safeguard nationalinterests, safety and security in the use of the said scarce national This Act applies to the provision and use of all communications servicesand networks, in whole or in part within Nigeria or on a ship or aircraft registeredin II ESTABLISHMENT, FUNCTIONS AND MEMBERSHIP OF COMMISSIONPART 1 ESTABLISHMENT AND FUNCTIONS OF COMMISSION3.

10 (1) There is established a Commission to be known as the NigerianCommunications Commission with responsibility for the regulation of thecommunications sector in Nigeria .(2) The Commission shall be a body corporate with perpetual successionand a common seal, capable of suing and being sued in its corporate name, andshall have the power to do the following (a) enter into contracts and incur obligations ;(b) acquire, hold, mortgage, purchase and deal howsoever with property,whether movable or immovable, real or personal ; and(c) do all such things as are necessary for or incidental to the carrying outof its functions and duties under this Act.