This article deals with the specific conditions in detail outlined by the Nigerian Communications Commission (NCC) for licensing PNL services relying on the employment of radio communications in Nigeria, ranging from required scope of operations to license limitations.
Scope of operation
– This lience shall be for the provision and operation in the designated Licensed Area of Private Network Links employing cable, microwave or other Radio or a combination of any of these systems as approved by the commission deployed for the purpose of providing point to point or switched/unswitched point to multipoint communications for the conveyance of voice messages.
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Technical Requirements
-The licensee’s network shall throughout the terms of the licence conform to the NCC’s technical specifications. The licensee shall introduce measures and at all times use its resources to ensure that apparatus in the network including the terminal equipment operated by the licensee shall comply with :-
(i) The requirements for electro-magnetic compatibility, and
(ii) The requirement for network interface, both as prescribed in accordance with international specifications and by the commission’s standards.
-The licensee shall not alter any of these specifications except with the prior written approval of the NCC.
-The lines installed, maintained and used by the licensee shall throughout the term of the Licence conform to such specifications and standards and CCITT recommendations as prescribed by the commission.
– Subject to the NCC’s periodic directives, the licensee shall at all times fully comply with the recommendations of the International Telecommunications Union and its associated organisations as they apply to Nigeria from time to time.
-Subject to the NCC’s contrary directive, the licensee shall design, construct, maintain and operate the network in accordance with the statements and representations, if any, made in the application for the Licence.
Approval of Equipment/Site
-The licensee shall ensure that its network equipment is type-approved by the NCC or a body approved by or accredited to the commission prior to the commissioning or commercial use (whichever is the earlier) of such equipment and shall obtain any necessary compliance certificates or licences in accordance with the respective regulations.
– The licensee shall further ensure that it complies with the provisions of NCC regulations in respect of all new equipment it acquires after commencement of operations.
– The licensee shall ensure that all sites at which it installs equipment and network infrastructures conform to the site approval guidelines stipulated by the commission from time to time.
-All towers and masts must comply with NCC regulations on towers as may be published from time to time.
Network Roll Out
-The licensee shall implement a network roll out in accordance with an implementation timetable as stipulated by the NCC. The licensee shall at all times comply with the implementation timetable.
– Pursuant to condition mentioned above, the licensee shall submit to the NCC not later than the 15th day of January of each calendar year, following the date of commencement of operation, a report of the network roll-out achieved in compliance with the implementation timetable referred to above.
Frequencies
– Frequencies used by the Licensee shall conform to the general allocation of grequencies in the ITU Regulations and Assignments by the NCC.
– The licensee shall utilize the frequencies assigned solely and entirely for the provision of the licensed undertaking. The licensee is further required to covenant that it shall, in the use of the frequency spectrum, conform to the general allocation of Frequencies in the ITU Regulations and Assignments by the NCC.
-The services operated by the licensee shall be operated only on the radio frequencies and frequency bands which the NCC may assign to the licensee and the commission may refuse to assign further frequencies or require the locensee by notice in writing to cease to provide the services on any frequency previously assigned to the licensee if inter alia in the opinion of the commission the licensee is not making efficient use of the frequency.
-The NCC may, by giving not less than 12 month’s notice in writing to the Licensee, require the licensee upon such date as may be specified in the notice to cease to operate using the frequency assigned to the licensee and to use such new frequency from the National Frequency Plan as the NCC may designate.
Numbering Plan
-The licensee shall conform to the numbering plan approved by the NCC and any directions given by the commission in respect of the numbering plan and any directions the commission may give to facilitate the portability of telephone numbers between operators.
-The licensee shall at all times comply with the regulations concerning the implementation of the National Numbering Plan.
Connection Arrangements
-The licensee shall have the right to interconnect its network with the network of the carrier or another licensee.
-The licensee shall enter into an agreement with the carrier or such other licensees to connect and keep connected their respective systems and to establish and to maintain such one or more points of connection, and the licensee shall provide the NCC with a copy of such agreement.
– If after a period which appears to the Commission to be reasonable for the purpose, the licensee and the Carrier or such other licensee have failed to enter into an agreement, the commission shall, on the application of either the licensee or the carrier or such other licensee, determine the terms and conditions for the purposes of the Agreement which have not been so agreed between the licensee and the carrier or such other licensee.
Grade of Service
-The licensee shall ensure that the traffic capacity provided in its system, where it accesses a Telecommunications network infrastructure, shall be dimensioned to guarantee a satisfactory grade of service. The grade of service threshold that shall be met or exceeded shall be determined by the NCC.
-The licensee shall provide a good, efficient and continuous service that meets grade of service thresholds periodically specified by the NCC and in a manner satisfactory to the Commission and shall not reduce or cease to provide the service unless with the express written approval of the NCC.
-In the event of default by the licensee in regard to any of the provisions of this condition, the NCC shall, subject to specific prevailing laws and/or regulations, take such steps as it deems necessary to remedy the situation including but not limited to issuance of directives to the licensee and application of sanctions and/or fines against the licensee.
-The licensee shall within 30 days from the date of commencement of operations install equipment and devices that meet ITU-T standards for measuring the grade of services.
– The licensee shall permit the NCC to inspect the licensee’s equipment and devices for measuring service grade, to inspect the licensee’s files, records and other data relating to the measuring of service grade and to request the licensee to submit such reports, statistics and other data and to conduct such measurements as the Commission deems necessary in order to determine compliance with the Act, Wireless Telegragh Act, the Regulations and this licence.
– If the NCC has reason to believe that measuring equipment devices or methods are not installed or do not meet the standards aforestated, the NCC shall instruct the licensee to install or upgrade the equipment and devices to the required standards within 30 days from the date of such instruction.
– If the licensee fails to install or upgrade the equipment and the devices to the required standards within the period specified above, the licensee shall be subject to a fine of N500,000.00 (Five Hundred Thousand Naira only) for every calendar month or any part thereof that it so defaults.
Limitation of Liabilities
– Subject to prior conditions of the NCC and not withstanding any contrary provision of this licence, the Commission shall not be liable in contract, tort or otherwise to the licensee or any 3rd party whomsoever for any indirect, contingent or consequential loss or damage or for loss of profit, business, revenue, goodwill, opportunities or anticipated savings, cost of capital, cost of substitute service, facilities or products, or down-time costs, consequent upon the issuance or actualisation of any Condition of this Licence or any act taken by the NCC in connection with or pursuant to this licence or any other matter related however thereto.
-The NCC’s total liability, cumulative or otherwise, under this licence and in regard to any matter related to the licence shall at all times be limited to the actual cumulative amount paid at any given time to the NCC by the licensee for the licence.
Licence Limitations
– The licensee shall not operate a Private Network Link employing Satellite.
– The licensee is not allowed to provide any mobile telephony service.
– The licensee is not allowed to employ its network infrastructure to provide a Telecomms service other than that for which this licence is granted.