A 304
2003 No. 19
Communications
(2) Any person who acts in breach of sub-section (1) of this section commits
an offence and is liable on conviction to—
(a) a fine not less than the initial fee for the relevant licence ;
(b) a fine not exceeding 10 (ten) times the initial fee for the relevant licence ;
(c) imprisonment for a term not exceeding 1 (one) year ; or
(d) both such fine and imprisonment;
Provided that upon conviction, the person shall also forfeit to the Commission
the property, facilities; installations and equipment used by him for the provision
and operation of the unlicensed service.
Classes of
licences.
32.—(1) The Commission shall issue communications licences for the
operation and provision of communications services or facilities by way of class
or individual licences on such terms and conditions as the Commission may from
time to time determine taking into consideration the objectives of this Act and
the provisions of section 33(3) of this Act.
(2) Subject to subsection (3) of this section, the Commission shall from time
to time determine and publish to the general public the communications services
that qualify for class or individual licences or that are exempted from licensing.
(3) The Commission shall, in determining the services that qualify for class
or individual licences, at all times ensure that previous holders of licences for
such services as at the date of such determination do not suffer any disadvantage
except as permitted under this Act and its subsidiary legislation.
Licensing
processes,
etc.
33.—(1) The Commission shall from time to time determine and cause to
be published a regulation on its licensing processes specifying, amongst others,
the persons or classes of persons who are eligible generally to apply for licences.
(2) Subject to subsection (3) of this section, the Commission shall from
time to time determine and publish its licensing procedures which may include
but shall not be limited to auction, selection processes, public tender invitation
or competitive bidding processes.
(3) The Commission shall at all times be guided in the formulation of
licensing procedures, issuance of communications licences and preparation of
licence conditions and terms, by the principles of and consideration for—
(a) transparency, fairness and non-discrimination ;
(b) efficient use and management of radio frequencies
(c) available numbers under the National Numbering Plan ;
(d) the need to promote fair competition and investment in the
communications’ industry ;
(e) the need to provide modern, qualitative, affordable and readily available
communications services in all parts of Nigeria ; and
(f) such other principles and considerations as the Commission may from
time to time consider necessary and in the national interest.