The Nigerian Communications Commissions, NCC, has rolled out guidelines on National Roaming services in the country.
The agreement seeks to 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.
It stated that the guidelines were issued in exercise of the powers conferred on it by Section 70 of the Nigerian Communications Act, 2003.
This is as it also pointed out that the essence of the guidelines was 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.
According to the commission as contained in a document published on its website, the guidelines shall apply only to holders of licences validly issued by the Commission, containing a condition that makes the holder eligible to enter into a national roaming service agreement.
It also stated that the national roaming services shall be provided within the geographical boundaries of Nigeria.
The commission also noted that the guidelines are to be read in conjunction with the Act, the Collocation Guidelines, Interconnection Regulations, Quality of Service Regulations, Competition Practices Regulations, other subsidiary legislations that may be issued by the Commission from time to time, and relevant Licence Conditions.
Meanwhile, the NCC has declared that one of the procedures for national roaming is that duly authorised service providers shall request and negotiate National Roaming Agreements with each other on bi-lateral and non-discriminatory terms.
The commission added that anyone seeking national Roaming Service is expected to forward a duly completed Roaming Request Form A contained under Schedule 1 of the guidelines to the Roaming Provider.
This is as it added that a Roaming Provider shall notify the Roaming Seeker of its approval or rejection of the roaming request in line with the procedure stated in the sub-paragraph (5) and (6) of the document.
It explained that where the Roaming Seeker received 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.
Additional details as given by the commission in the guidelines read: “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 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 proper representative to expedite negotiation. (h) National roaming services shall commence within 90 days from receipt of the Roaming Request.”
