NCC conducts regulatory impact assessment to enhance Nigerian Communications sector

By: Tijani Salako.

Nigerian Communications Commission (NCC) has conducted a Regulatory Impact Assessment (RIA) on eight subsidiary legislations in 2024 with an innovation to the commission’s rule-making process and serve as an avenue for participatory regulatory engagement of all stakeholders.

The process of this Regulatory Impact Assessment (RIA) took into consideration the three strategic areas of the commission which is targeted at evaluating their impact on the telecommunications sector, with the focus areas: consumers, licensees and the market, and the government.

This was disclosed in a hybrid stakeholders engagement forum on its seminal Regulatory Impact Assessment (RIA) exercise which was held in virtual and physical in Abuja last week.

The Executive Vice Chairman/CEO of NCC, Dr. Aminu Maida, during his opening remark, said, the RIA provides opportunities for stakeholders to offer feedback and recommend areas for review and improvement which the commission aims to foster a fair, transparent, and consumer centric telecommunications landscape. It goes without mentioning that the commission places consumers at the center of its regulation of the telecommunications industry. They are key to the issuance and implementation of our Subsidiary Legislation.

Meanwhile, the NCC CEO added that the RIA will evaluate the impact of subsidiary legislation on consumer satisfaction, Quality of Experience (QoE), market entrance, fair competition, and effective utilization of scarce resources. However, the assessment will also review the impact of these legislation on driving governmental objectives and meeting policy expectations.

“The essence of the Regulatory Impact Assessment (RIA) is to provide the telecommunications ecosystem with opportunities to participate in evaluating regulations which when drafted well, safeguard the public interest, stimulate innovations and facilitate investment in the Market. The RIA process provided major stakeholders with an opportunity to offer feedback, as well as recommend areas for review and improvement that will enhance legislation. These enhancements will ensure the effective application and implementation of these Subsidiary Legislation.

“This evaluation is important in determining the adaptability and agility of these legislation in reducing barriers to market entrance, entrenching fair competition in the market and facilitating effective and efficient utilisation of scarce resources. The final strategic focus area that relates to the RIA is the Government—the overarching stakeholder and major driver of policies and national objectives.” The NCC boss said.

Similarly, Mrs. Chizua Whyte, the Head of Legal and Regulatory Services at NCC, noted that the RIA has identified opportunities to streamline processes, clarify obligations, and remove outdated provisions that may hinder innovation or investment which the commission emphasized the importance of collaboration with industry stakeholders and evidence-based regulation in shaping the regulatory framework.

However, the presentation which displayed the key findings of RIA were not limited to – the Annual Operating Levy (AOL) Regulations, 2022 which increased collection rate but reduced compliance rate. Also is the Licensing Regulations, in 2019 which need for flexibility in documentation requirements and concerns on expired licenses and spectrum license payments.

The Enforcement Processes Regulations (EPR), of 2019 also clarifies grounds for enforcing administrative sanctions with the concerns on procedures and fines. The Registration of Communications Subscribers Regulations (RCSR) of 2022 also clears the SIM registration process with concerns on the 48-hour rule for M2M and IoT devices.

Meanwhile, Mrs. Whyte said “with evolving technologies and policy priorities, it has become important to take a critical look at our existing regulatory instruments. The RIA process enabled us to evaluate what is working well, what requires enhancement, and where changes are necessary.

“The assessment focused on critical areas such as licensing, SIM registration, subscriber management, spectrum trading, enforcement procedures, and infrastructure sharing. Through this review, we have identified opportunities to streamline processes, clarify obligations and remove outdated provisions that may hinder innovation or investment. What distinguishes this RIA is the depth of collaboration it entails.

“We drew insights not only from internal analysis but also from the invaluable feedback of industry stakeholders. Their practical perspectives and constructive contributions helped shape the recommendations that we present today.”

The NCC remains committed to refining its policies and ensuring that its regulatory approach aligns with the dynamic nature of the industry. The Commission encourages open and constructive engagement from stakeholders, whose insights will be invaluable in shaping the rule-making process and deepening the development, review, and implementation of subsidiary legislation.