The Nigerian Communications Commission (NCC), has said the essence of releasing the national Roaming guidelines is to prescribe a regulatory framework for the implementation of National Roaming services in Nigeria.
In a document posted on its official website titled ‘Guidelines on National Roaming’, the Commission explained that the guidelines are designed and developed to encourage National Roaming between Roaming Providers and Roaming Seekers within a predetermined framework to remove uncertainty and ensure seamless communication across all networks in Nigeria.
The document added that the guidelines are intended to give effect to the provisions of licenses, which permit the licensees to enter into agreements for the purpose of providing National Roaming services in Nigeria, subject to the prior approval of the Commission.
The guidelines noted that National Roaming services shall be provided within the geographical boundaries of Nigeria.
Meanwhile, procedures for National Roaming contained in the document are highlighted below:
- Duly authorized Service Providers shall request and negotiate National Roaming Agreements with each other on bilateral and non-discriminatory terms.
- A Roaming Seeker requesting for National Roaming services shall forward a duly completed Roaming Request Form A contained under Schedule 1 of these Guidelines to the Roaming Provider.
- A Roaming Provider shall notify the Roaming Seeker of its approval or rejection of the Roaming Request in line with the procedure stated under Sub-paragraph (5) and (6) below.
- Where the Roaming Seeker receives no response from the Roaming Provider within 15 days of its request, the Roaming Seeker shall immediately notify the Commission in writing, and the Commission shall take necessary steps to ensure the Roaming Provider responds to the Roaming Request.
Where the Roaming Request is approved,
(a) The Roaming Provider shall within 15 days of receipt of the Roaming Request notify the Roaming Seeker of its acceptance by completing the relevant section of the Response to Roaming Request Form B contained under Schedule 1 of these Guidelines.
(b) Parties shall thereafter enter into a Non-Disclosure Agreement and commence negotiations of the terms of the National Roaming Agreement.
(c) Parties shall conclude negotiations on the terms of the National Roaming Agreement and execute the same within 60 days from receipt of the Roaming Request.
(d) Parties shall ensure that the National Roaming Agreement is submitted to the Commission for review and approval, prior to registration, within 14 days of execution by parties.
(e) If within 15 days from the date of submission the Commission does not act on the National Roaming Agreement, such shall be deemed approved and registered.
(f) The Commission reserves the right to request for additional information or amendment of relevant parts of the National Roaming Agreement in order to comply with the provisions of the Act, these Guidelines, and any other relevant subsidiary legislation or regulatory instrument.
(g) All negotiations for Roaming must be done in utmost good faith. Neither party shall:
(i) Obstruct or delay negotiations.
(ii) Refuse to provide information relevant to an agreement including information necessary for the required cluster.
(iii) Refuse to designate a proper representative to expedite negotiation.
(h) National roaming services shall commence within 90 days from receipt of the Roaming Request.
Where the Roaming Request is rejected,
(a) The Roaming Provider shall within 10 working days of receipt of the Roaming Request notify the Roaming Seeker and the Commission of its refusal by completing the relevant section of the Response to Roaming Request Form B contained under Schedule 1 of these Guidelines and furnish supporting evidence therewith.
(b) The following are grounds for refusal of Roaming Requests under these Guidelines:
(i) Insufficient capacity.
(ii) Non-payment by the Roaming Seeker of indebtedness for other services such as interconnection and shared facilities.
(c) It shall be the responsibility of the Roaming Provider to prove the existence of any of the grounds listed under (b) above.
(d) Notwithstanding the above, where the Commission investigates any of the grounds listed under (b) and determines that it is not justifiable, it shall request the Roaming Provider to respond to the Roaming Request Form A of the Roaming Seeker with an offer to enter into a National Roaming Agreement.
