Under the Nigerian Communications law, there is a requirement for the issuance of frequency spectrum license and type approval. The Nigerian Communication Commission by virtue of Section 121 and in exercise of its powers under Section 70 and 134 of the Nigerian Communications Act, 2003, the Commission is empowered to issue license and it promulgated the Type Approval Regulations, 2008 which contains the type approval standards and guidelines, respectively.
SPECTRUM LICENSE – The 5G spectrum refers to the radio frequencies that carry data from user equipment to cellular base stations to the data’s endpoint. For this operation to commence in Nigeria, a license must be issued by the Nigerian Communication Commission. Section 121(1) of the Nigerian Communications Act provides:
Notwithstanding the provision of any other written law but subject to the provision of this Act, the Commission shall have the sole and exclusive power to manage and administer the frequency spectrum for the communication sectors and in that regard to grant licenses for and regulate the use of the said frequency spectrum.
The above provision was enforced in the case of MOBITEL LD v. THE MINISTER OF INFROMATION AND COMMUNICATION & 2 OTHERS (2010) (Unreported) Suit No. FHC/ABJ/M312/09 in which the court held that the Nigerian Communications Act, 2003 is the law providing for the allocation of frequency. The law conferred on the Nigerian Communications Commission, the sole and exclusive powers to manage and administer the frequency spectrum for the communications sector to its end users by grants of license for the use of the said frequencies.
TYPE APPROVALS – Certificate of Conformity as it is properly called, is granted to a product that meets the minimum set of regulatory, technical and safety requirements. It is required before a product is allowed to be sold in a particular country. It is the minimum set of regulations, technical and safety that communication equipment must meet before they can be sold or used in the Federal Republic of Nigeria. Telecommunication Type Approval means thus, the process of determining and registering the kind of equipment that can be brought into, sold or used in the country without causing interference or long or short term damage to the network. Section 132(1) of Nigerian Communication Act, 2003 provides:
The commission shall, at the instance of licensed service providers, equipment manufacturers or suppliers, conduct type approval tests and issue certificates in respect of communications equipment and facilities to be used in Nigeria.
And Section 132(2) thereof, provides:
Licensed service facilities providers, equipment manufacturers or suppliers shall obtain type approval certificates from the commission in respect of their communication equipment or facilities prior to installation or sale in Nigeria.