A 336

2003 No. 19

Communications

such as the International Telecommunications Union (ITU).
(4) In making the technical code and specifications, the Commission shall
take into consideration the findings of the inquiry under subsection (3) of this section.
Offence.

131.—(1) A person who uses any technical equipment or systems which hinder
network interoperability, commits an offence and on conviction, is liable to a fine
not exceeding N100,000.00 or to imprisonment for a term not exceeding 1 year or to
both such fine and imprisonment.
(2) A person who uses any technical equipment or systems which compromise
public safety as defined from time to time by the Commission commits an offence
and on conviction, be liable to a fine not exceeding N100,000.00 or to imprisonment
for a term not exceeding 1 (one) year or to both such fine and imprisonment.

Type
approval.

132.—(1) The Commission shall, at the instance of licensed service providers,
equipment manufacturers or suppliers, conduct type approval tests and issue
certificates therefor in respect of communications equipment and facilities to be
used in Nigeria.
(2) Licensed service or facilities providers, equipment manufacturers or
suppliers shall obtain type approval certificates from the Commission in respect of
their communications equipment or facilities prior to installation or sale in Nigeria.
(3) The Commission shall, in conducting type approval of equipment or
facilities, be guided by the technical code and specifications formulated by the
Commission under section 130 of this Act.

Type
approval
offences, etc.

133.—(1) A person who sells or installs any communications equipment or
facilities without first obtaining the Commission’s type approval test certificate
therefor commits an offence and on conviction, is liable to a fine not exceeding
N100,000.00 or to imprisonment for a term not exceeding 1 year or to both such fine
and imprisonment.
(2) Notwithstanding the provisions of subsection (4) of this section, a licensee
who installs or sells any communications equipment or facilities without first obtaining
the Commission’s type approval test certificate therefor is liable to pay fine to the
Commission in such amount as the Commission may determine.

Regulations.

134.—The Commission may make regulations in regard to the provisions of
this Part pursuant to Part VI of Chapter V and may charge-such fees as it deems
reasonable for carrying out its type-approval functions.
CHAPTER IX—GENERAL
PART I—INSTALLATION OF NETWORK FACILITIES, ACCESS TO NETWORK FACILITIES, ETC.

Required
approval for
network
installations,
etc.

135. Licensees under this Act may require approvals of the State Government,
Local Government or other relevant authority for installation, placing, laying or
maintenance of any network facilities on, through, under or across any land and it
shall be the responsibility of such licensees to obtain such approvals.

Duty care.

136.—(1) A licensee shall, in installing its network facilities, take all reasonable
steps to ensure that he causes as little detriment and inconvenience, and does as little
damage, as is practicable.

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