By Cyber Era NG Special Correspondent
TELECOMMUNICATIONS SECTOR REFEREE, the Nigerian Communications Commission(NCC), on Thursday, June 26, 2025 made a presentation on its first Regulatory Impact Assessment(RIA) speaking to the eight (8) regulatory instruments on which the RIA was carried out.
The exercise was undertaken to assess the impact of existing subsidiary legislations and identify gaps and recommend improvements for efficiency and compliance.
Regulatory Instrument: ANNUAL OPERATING LEVY
Key Findings:
Since the review of the Regulations in 2022, the collection rate increased by 22.9%.
AOL compliance rate reduced from 28% (in 2022) to 26% (in 2023).
45 and 21 non-compliance enforcement actions were carried out in 2023 and 2022 respectively.
Key Recommendations:
- There is need to expand the AOL collection bucket to ensure compliance by all licence categories.
- A compliance roadmap needs to be developed.
Regulatory Instrument: LICENSING
Key Findings:
-Documentation requirements need flexibility to encourage start-ups and smaller entrants.
-Concerns on the rising incidences of companies operating with expired licences were raised.
-Concerns on lack of tiered or instalment payment option for spectrum licences were also raised.
-Suggestions on more flexibility on commercial launch and rollout obligations and timelines.
Key Recommendations
Under key recommendations, the Commission commented that most recommendations were noted to be considered during the next review of the Regulations adding that a complianceroadmap had been developed.
Introduction of a tiered licensing model for startups, stood out under the key recommendations.
Administrative Sanctions
Key Findings:
- All sampled licensees stated that the Regulations is clear on grounds for enforcing administrative sanctions, while 10 per cent raised concerns on procedures and application of the Regulations.
- 5 per cent of the sampled licensees raised concerns on lack of clarity on general & specific fines.
- There are investigation and prosecutorial capacity challenges in enforcing the provisions of the Regulations.
- There are items in the Schedule to the Regulations that are not in line with current realities and may not capture all infractions adequately.
Key Recommendations:
The Commission commented that most recommendations were noted to be considered during the next review of the Regulations while underscoring the need to deepen capacity building for the judiciary as well as investigative and prosecutorial agencies.
SIM/NIN
Key Findings:
- All sampled licensees stated that the Regulations and its Business Rules are clear on SIM registration process and also agreed on the adequacy of the sanctioning regime.
- Concerns were raised on the 48 Hour rule for SIM registration, especially for M2M, IoTs and Data only SIM cards.
- Suggestions and recommendation on self-service for SIM registration and alternative non-physical approaches.
- Concerns on multiple NIN registration and its effects on pre-registered SIM Cards were raised.
Key Recommendations:
According to the regulator, some of the recommendations were already provided in the Business Rules, while others were noted to be considered during the next review of the Regulations/Business Rules.
Spectrum Trading
Key Findings:
- All sampled licensees stated that the Guidelines is clear on requirements for spectrum trading applications, while 13 per cent stated that the application timelines are not clear.
- 37 per cent of sampled licensees recommended changes to the Guidelines.
- Since the initial issuance of the Guidelines in 2018, there have been 3 spectrum transfers, 1 spectrum leasing, and 1 spectrum sharing.
- Post approval challenges, particularly on monitoring compliance. An approved spectrum trading application ended in litigation.
- Concerns were raised on the 70 per cent Net Proceeds accruable to the Government for all spectrum trading transactions on administratively assigned spectrum frequency
Recommendation:
The Commission commented that most recommendations were noted to be considered during the next review of the Guidelines while informing that a post-approval compliance and review process should be embedded into the approval of all spectrum trading applications and streamlining of the approval timelines.
SIM Replacement
Key Findings:
- All sampled licensees stated that the Guidelines and its Business Rules are very clear on the SIM replacement process and also agreed on the adequacy of the sanctioning regime.
- 25 per cent of sampled licensees stated that there are provisions of the Guidelines that should be reviewed, e.g. NIN requirement and validation processes.
- Suggestions and recommendation on self service for SIM replacement as well as non-physical alternatives.
Key Recommendations:
The Commission commented that some of the recommendations were already provided in the Business Rules, while others were noted to be considered during the next review of the Business Rules
National Roaming
Key Findings:
- All sampled licensees stated that the Guidelines is very clear on the application process, procedures and timelines.
- 25 per cent of sampled licensees stated that there are provisions of the Guidelines that should be reviewed. They recommended that National Roaming should be through a dedicated link.
- Guidelines should permit MNOs to adopt necessary network management practices for congestion on visited network.
- Sampled licensees observed that there is no provision for obtaining approvals for National Roaming trial.
- Since the issuance of the Guidelines in 2021, there have been 4 national roaming applications. While 2 were approved, the other 2 are being processed.
Key Recommendations:
According to the Nigerian Communications Commission, most recommendations were noted to be considered during the next review of the Guidelines.
Infrastructure Sharing/Colocation
Key Findings:
*All sampled licensees stated that the Guidelines is very clear on the application process, procedures and timelines for active infrastructure sharing and also for colocation and infrastructure sharing.
*18 per cent of sampled licensees stated that there are provisions of the Guidelines that should be reviewed.
*The Commission alongside 84 licensees are currently conducting a study on competition in the colocation and infrastructure sharing market segment.
Key Recommendations:
As per the Commission, most recommendations were noted to be considered during the next review of the Guidelines while reaffirming its commitment to Stakeholder Engagement and continuous involvement of telecom operators, consumer rights groups, and industry experts in regulatory reviews.
Capacity Building
The regulator doubled down on training staff of the Commission on best practices in compliance and enforcement and advised the operators on same for their staff
Monitoring & Evaluation
The Commission assured of its commitment to establishing periodic reviews of the subsidiary legislations to ensure continued relevance.
