A 332
2003 No. 19
Communications
(d) determining the amount of annual revenue required to ensure that the USP Fund
remains fiscally sound, and calculation of the corresponding rate of assessment ;
(e) disbursing funds to eligible entities based upon approvals by the USP Board ;
USP
Regulations.
Management
and administration of
frequency
spectrum.
Cap. 469 LFN
1990.
Illegal use of
spectrum.
(f) prudently investing USP Funds cash reserves under directions from the USP
Board and establishing cash management procedures to ensure maximum return on
investments while meeting short-term cash requirements for disbursements ;
(g) regularly reporting on financial performance of the USP Fund to the USP
Board ; and
(h) assisting USP Secretariat in evaluating the effectiveness of the USP in
meeting policy goals as set by Government and USP Board.
(2) The USP Board shall, in collaboration with the Commission, determine the
terms of engagement and the remuneration package for the USP Fund Managers.
120. The Commission may make regulations regarding contributions by
licensees, under this Act, to the USP Fund and any other matters related to or incidental
to Universal Service Provision and the establishment and operation of the USP Fund.
CHAPTER VIII—TECHNICAL REGULATION
PART I—SPECTRUM ASSIGNMENT
121.—(1) Notwithstanding the provisions of any other written law but subject
to the provisions of this Act, the Commission shall have the sole and exclusive power
to manage and administer the frequency spectrum for the communications sector and
in that regard to grant licences for and regulate the use of the said frequency spectrum.
(2) The powers of the Minister under the Wireless Telegraphy Act so far as
they relate to communications are hereby vested in the Commission.
(3) The Wireless Telegraphy Act is hereby amended by substituting—
(a) for the word “Minister” or “Minister’s” wherever it occurs, other than in
Sections 9,11(3),13(1),19(1),28 and 29, the word “Commission” or “Commission’s”
as the case may be ; and
(b) for the word “he”, “his” or “him” wherever it occurs in relation to the
Minister, the word “it”, “its” or “it”, as the case may be.
122.—(1) Subject to such exemptions as are contained in this Act or as may be
determined by the Commission, no person shall intentionally transmit in any part of
the spectrum to provide a service unless the person holds a frequency licence issued
under this Part.
(2) Subject to subsection (3) of this section, a person who contravenes any
prohibition under this Chapter commits an offence and on conviction is liable to—
(a) a fine not less than the initial fee for the relevant licence ;
(b) a fine not exceeding 10 times the initial fee for the relevant licence ;
(c) imprisonment for a term not exceeding 1 year ; or
(d) both such fine and imprisonment ;