A 328
2003 No. 19
Communications
Exemption.
109. Notwithstanding the provisions of Section 108 of this Act, the Commission
may intervene in such manner as it deems appropriate in determining and setting the
tariff rates for any non-competitive services provided by a provider mentioned in
Section 108 (1) of this Act for good cause or as the public interest may require.
Tariff rates
rules and
regulations.
110.—(1) The Commission may from time to time make rules or regulations
on determination and publication of tariff rates for respective services by the
licensees specified in section 108 (1) of this Act.
(2) The regulations and rules which may be made by the Commission under
subsection (1) of this section may include but are not limited to :
(a) rules about the tariff rates and charges and variation of rates for specified
or classes of services ;
(b) rules about the publication or disclosure of tariff rates for specified or
classes of services ; or
(c) tariff rate models that may be applicable to specified licensees or classes
of licensees or specified or classes of services.
Penalty for
operating
unapproved
tariffs,
charges, etc.
111. Notwithstanding any other provision of this Act, the Commission shall
prescribe and enforce appropriate financial penalties upon any holder of an
individual licence who exceeds the tariff rates duly approved by the Commission
for the provision of any of its services.
PART IV—UNIVERSAL SERVICE PROVISION
Universal
service
provision.
112.—(1) Subject to subsection (2) of this section, the Commission shall
consider, design and determine a system which shall promote the widespread
availability and usage of network services and applications services throughout
Nigeria by encouraging the installation of network facilities and the provision
for network services and applications services to institutions and in unserved,
underserved areas or for underserved groups within the community (“Universal
Service Provision” (USP).
(2) No universal service provision organ that is created under this Part or
pursuant to this Act or its subsidiary legislation shall be or constitute itself
howsoever into a communications service provider.
(3) The Commission may make regulations under Part VI of Chapter V for
the implementation of subsection (1) of this section.
Unserved
areas,
underserved
areas and
underserved
groups.
113.—(1) A determination by the Commission under section 112( 1) of this
Act shall include definitions of “institutions”, “unserved”, “underserved areas”
and “underserved groups within a community”.
(2) In determining the definition of ‘’unserved’’ and “underserved areas”,
the Commission may have regard to—
(a) the availability of services in particular areas or places ;
(b) the level of competition in particular areas or places ; and
(c) the commercial viability of installing network facilities or providing
network services or applications services in particular areas or places.