Communications
2003 No. 19
A 333
Provided that upon conviction, the person shall also forfeit to the Commission
the property, facilities, installations and equipment used by him for the provision of
the service.
(3) Notwithstanding the provisions of subsection (2) of this section, a person
who contravenes any prohibition under this Part in consequence whereof he causes
the death or any physical harm to a person shall also be subject to prosecution under
the criminal laws applicable in the relevant part of Nigeria.
123.—(1) The Commission may make regulations in relation to any matter
under this Chapter.
Regulations.
(2) The regulations may include procedures for the assignment of spectrum
such as but is not limited to the following—
(a) auction ;
(b) tender ; and
(c) fixed price to be determined by the Commission.
124.—(1) Subject to subsection (2) of this section, the Commission in
consultation with and on behalf of the NFM Council shall develop a national frequency
plan in respect of any part or all of the spectrum.
National
frequency
plan.
(2) The Commission shall, in developing the national frequency plan, work
and liaise with the different users of spectrum in Nigeria including the military, law
enforcement and security agencies, maritime and civil aviation authorities.
(3) A national frequency plan shall define how the spectrum shall be used and
define the methodology for assignment and reassignment of the spectrum.
(4) The Commission, in exercising the functions under subsections (1), (2)
and (3) of this section shall take into account—
(a) the objects of this Act ;
(b) the impact of the national frequency plan on existing spectrum users ; and
(c) any applicable international standards, conventions and agreements
including but not limited to the International Telecommunications Union and its
radio regulations as agreed to and adopted by Nigeria.
(5) Subject to the payment of such fees as the Commission may from time to
time prescribe, the Commission shall, upon application, provide to persons with a
need to know, copies of the national frequency plan or such parts of it as do not
compromise or prejudice national security.
125.—(1) Subject to the payment of such fees as the Commission may from
the to time prescribe, the Commission may issue or renew a frequency licence upon
such conditions as the Commission may impose, which confers rights on a person—
(a) to use one or more specified frequency bands for any purpose consistent
with the assignment conditions ; or
(b) to use the spectrum to operate a network facility of a specified kind at a
specified frequency or in any specified frequency band or bands.
Frequency
Licence.