Use the Lexology Navigator tool to compare the answers in this article with those from other jurisdictions.

Spectrum

Allocation

What rules and procedures govern spectrum allocation?

The sole and exclusive power to manage and administer the frequency spectrum for the telecoms sector, to grant licences and regulate the use of the frequency spectrum is vested in the NCC.

The NCC is authorised to make regulations in respect of spectrum assignment and related matters, including the procedure for the assignment of spectrum which can be made by:

  • auction;
  • tender;
  • fixed price determined by the NCC; or
  • competitive bidding.

Fees

What fees apply to spectrum allocation/authorisation?

Frequency Spectrum (Fees and Pricing) Regulations 2004 (amended in 2009) covers the determination of all frequency spectrum fees for commercial activities in the telecoms sector in Nigeria.

The regulations provide for a pricing formula for commercial frequency spectrum and microwave frequency spectrum. The price of spectrum (excluding microwave frequencies) is calculated on an annual per state basis using the formula in the regulations. Microwave frequencies are not priced on a state basis, but are also calculated using the formula in the regulations. Unit price is uniform throughout the federation and subject to review.

Transferral

Can spectrum licences be transferred, traded or sub-licensed?

No, however the NCC has just concluded a public inquiry on its draft guideline on spectrum trading. There are strong indications that spectrum trading will soon be permitted in Nigeria.

Click here to view the full article.