APPRAISING THE NATURE AND LICENSING OF TELECOMMUNICATIONS OPERATORS UNDER THE NIGERIAN LAW

Abstract

Telecommunication licence is a legal authorization or permit granted by a Government Regulatory Authority to an Individual or Organization allowing them to provide the telecommunication services to the Public. The nature and classification of telecommunications licences in Nigeria is rooted in the Nigerian Communications Act, 2003, which established the Nigerian Communications Commission as the principal Regulatory Body. Despite the rapid growth of the telecommunication sector in Nigeria, there is a lack of clarity and understanding surrounding the nature and classification of telecommunication licenses, hindering effective regulation, proper allocation of resources and fair competition within the industry. This paper examined the nature and classification of telecommunication licenses in Nigeria, aiming to provide valuable insights into the current licensing system and its implications for market competition, consumer protection and innovation. The paper adopted the doctrinal research method using statute books, journal articles, text books, law reports, internet materials etc. The paper revealed that telecommunication licenses in Nigeria can be divided into two main classifications which are Individual License and Class License. The paper found that the licensing regime promotes competition and investment in the sector, allowing multiple Operators to coexist and expand their Networks. The paper recommended several measures to improve the nature and classification of telecommunication licenses in Nigeria by suggesting a review of the license fees to make them more affordable for potential entrants, fostering increased competition. It further recommends that the licensing processes be streamlined in order to reduce bureaucratic red tapism and minimize multiple regulatory agencies in the telecom sector thereby enhancing the transparency and objectivity of licensing decisions to ensure a level playing field for all market participants among others.