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What authorization is required to undertake communications business in Nigeria?
No person can operate a communications system or facility nor provide a communications service in Nigeria unless authorized to do so under a licence issued by NCC or exempted under regulations made by the NCC.
(Section 31 (1), NCA) -
How can an aggrieved person challenge the decision of the Commission?
- A person who is aggrieved or whose interest is-adversely affected by any decision of the Commission may request in writing to the Commission for a statement of the reasons for the decision.
- The Commission shall, upon such written request provide a copy of a statement of reasons for the decision and any relevant information taken into account in making the decision;
- An aggrieved person may not later than 30 days of receipt of the Commission’s statement of reasons request the Commission in writing for a review of the Commission’s decision and specify therein the reasons and basis for his request.
- Upon receipt of the aggrieved person’s written submissions the Commission shall meet to review its decision taking into consideration the submissions of the aggrieved person.
- The Commission shall not later than 60 days from the date of receipt of the aggrieved person’s written submissions, conclude its review of the decision and inform the aggrieved person in writing of its final decision thereon and the reasons therefor.
- An aggrieved person may thereafter appeal to the Court for a judicial review of the Commission’s decision or other action.
- The decision or direction of the Commission that is the subject matter of an application for judicial review shall subsist and remain binding and valid until it is expressly reversed in a final judgment or order of the Court.
- A person shall not apply to the Court for a judicial review unless that person has first exhausted all other remedies provided under this Act.
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How does NCC coordinate with the Federal Competition & Consumer Protection Commission to resolve consumer complaints?
Both agencies play vital roles regarding consumer protection towards the development of an efficient telecoms market.
Towards ensuring synergy, an MoU between both agencies was signed to address consumer issues and ensure that there is prompt redress.
In essence both agencies strive to protect the interest of consumers against unfair practices that might occur in the telecoms industry.
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In view of the ongoing pandemic, can a consumer complaint be completely resolved virtually, without a physical engagement?
Yes, the NCC in compliance with the protocol for mitigating the COVID-19 pandemic encourages virtual meetings including consumer related engagements.A holistic virtual platform for handling such complaints is already being developed.
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What is the applicable procedure and relevant law where an illegal SIM swap is carried out leading to financial loss from a consumer’s bank account?
The Commission addresses the issue of the fraudulent SIM swap by engaging the Operators and ensuring that the SIM card is re-registered on behalf of the Complainant, where is established that it was illegally carried out or unauthorised.On the other hand, the Central Bank of Nigeria (CBN) regulates the aspect of financial fraud. The CBN developed the Regulatory Framework for the Use of Unstructured Supplementary Service Data in Nigerian Financial System (USSD framework) in order to enhance the security of electronic payment system in Nigeria. In line with the provisions of Clause 7.0 of the USSD framework issued by the CBN, financial institutions are required to set up mechanisms and resolve disputes relating to fraudulent transfer of funds within a specified timeline. Consumers are therefore, advised to immediately make formal complaint to their respective banks, with specific reference to the above provision in such situations.
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Are Base Transceiver Stations (BTS) adverse to health and constitute a threat to human lives?
The World Health Organization (WHO) and International Telecommunication Union (ITU) position on EMF, to the effect that signals from Base Transceiver Stations (BTS) with its weak radio frequency emissions are not known to cause adverse health effects. Consumers may wish to refer to the following online links: www.who.int/emf and www.itu.int/en/ITU.T/emf for more information concerning the global position on EMF and their health effect.BTSs that meet the standards set by the International Commission for Non-Ironizing Radiation Protection (ICNIRP) which guides deployment of BTSs in Nigeria are not likely to pose hazard to human health and safety.
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Issues relating to agreement entered between a consumer and a licensee of the Commission regarding the siting of a Mast.
Issues relating to lease/commercial agreement between consumers and operators regarding installation of a BTS is outside the regulatory purview of the Commission. Consequently, the Commission is unable to intervene in such circumstances. -
Which laws govern the Mobile Number Portability (MNP) scheme in Nigeria?
The Nigerian Communications Act 2003 (or as may be amended from time to time), The Mobile Number Portability Regulations 2014 (or as may be amended from time to time) and the Nigeria Mobile Number Portability (MNP) Business Rules & Port Order Processes 2015 (or as may be amended from time to time), all of which can be accessed from the Commission’s website. -
Are all telecommunications subscribers eligible to port their mobile numbers?
Yes, but subject to the restrictions contained under the MNP Regulations and MNP Business Rules. Currently, the following port restrictions are applicable:A port request will be rejected where the number has been previously ported within the last forty-five (45) day period.
- A subscriber is not permitted to port a number within seven (7) days of carrying out a SIM replacement on that number.
- An unregistered SIM Card is not eligible to port.
- A mobile number that is blocked or subject to restricted service provisions by the current mobile service provider (Donor Operator) at the time the porting request is submitted is ineligible to port.
- A port request will be rejected where there is pending request for change of ownership of the mobile number.
- A port request will be rejected where the relevant mobile number has been prohibited by a Court of law from porting.
Additional eligibility criteria may be included in the Business Rules from time to time.
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How can a subscriber port his/her mobile number?
Where a subscriber is eligible to port his/her mobile number, such subscriber is expected to visit the nearest office/shop of the Recipient Operator (the network he/she intends to port to), complete a Porting Request Form and send a corresponding Port Request SMS using the number he/she intends to port. The Porting Request SMS to be sent is “PORT” to 3232. Additional means of port validation may be included in the Business Rules from time to time.If the validation SMS (or any other means of port validation) and the Porting Request Form are not received by the Number Portability Clearinghouse within 48 hours (two calender days), the port request will be rejected.
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Is there a timeframe within which a port transaction must be completed?
Yes. For Post-paid single account subscribers and Pre-paid customers, once the port process has been initiated and is not subject to any port restriction(s), such numbers shall be ported within 48 hours (two calendar days). However, where the port request involves multiple Post-paid account customers, such numbers shall be ported within five (5) calendar days. -
Will a subscriber lose his/her number after porting?
No. The same number the subscriber ported from a Donor Operator (the network the subscriber is leaving) to a Recipient Operator will be retained. -
What happens to a subscriber’s existing SIM Card after porting?
Once a port request is successful, the Donor Operator will deactivate the subscriber from its network and the new SIM Card given to the subscriber by the Recipient Operator shall become active on the Recipient Operator’s network. -
Is there a limit to the number of mobile operators a subscriber can port to?
No. A subscriber can port to any network provider of his/her choice as many times are possible, provided the eligibility criteria are met. -
Can a port transaction be carried out by proxy?
No. -
Which laws govern the registration of telephone subscribers in Nigeria?
The Nigerian Communications Act 2003 (or as may be amended from time to time) and The Registration of Telephone Subscribers Regulations 2011 (or as may be amended from time to time), all of which can be accessed from the Commission’s website. -
Who is required to register a SIM Card?
Every subscriber to a mobile telephone service utilising a subscription medium such as SIM Card, e-sim etc within Nigeria. In addition, a subscriber to a foreign mobile network who is roaming on the network of an operator in Nigeria must register such SIM (within 48 hours), unless the SIM has been registered in the foreign jurisdiction of the network operator and there is an existing arrangement between the Commission and the relevant telecommunications regulator of the foreign operator to access such subscriber information. -
Can a subscriber view and update his/her registration information?
Yes. -
Does the subscriber pay for registration?
No. The registration of a telephone subscriber is absolutely free. -
Can a subscription medium be registered by proxy?
There shall be no proxy registration for any subscription medium. -
Is there a limit to the number of subscription mediums a subscriber can register?
No. A subscriber may register any number of subscription mediums with any operator(s). -
Who is liable for any activity carried out on a subscription medium?
A subscriber shall be liable for activities carried out using a subscription medium registered with that subscriber’s personal information.