The Nigerian Communications Commission (NCC) has instituted a Regulatory Impact Assessment process to allow stakeholders re-evaluate its regulatory policies in a bid to fine-tune the policies to meet current realities.
Speaking at the maiden presentation of the Report of the Regulatory Impact Assessment (RIA) conducted on eight (8) Subsidiary Legislations by the Commission in 2024, held on Thursday in a Hybrid event at the Commissions Head Office in Abuja, the Executive Vice Chairman/CEO, NCC, Dr. Aminu Maida encouraged stakeholders to make good use of the opportunity to contribute to the policies that will shape the industry towards growth and development.
According to the EVC, the assessment is an innovation to the Commission’s rule making process and another avenue for participatory regulatory engagement of all stakeholders.
He explained the value of the RIA: “The process of this Regulatory Impact Assessment took into consideration the three Strategic Focus Areas of the Commission.
First, the Consumers: It goes without mention that the Commission places consumers at the centre of its regulation of the telecommunications industry. They are key to the issuance and implementation of our Subsidiary Legislations. It is therefore critical to the RIA process to review the impact of these legislations that border on consumer satisfaction and Quality of Experience (QoE).
Secondly, the RIA aims to evaluate the impact of Subsidiary Legislations on licensees and the market – these are the second strategic focus area of the Commission. This evaluation is important in determining the adaptability and agility of these legislations in reducing barriers to market entrance, entrenching fair competition in the market and facilitating effective and efficient utilisation of scarce resources.
The final strategic focus area that relates to the RIA is the Government the overarching stakeholder and major driver of policies and national objectives. The RIA reviewed the impact and opportunities of these legislations on driving governmental objectives and meeting policy expectations.”
While noting that the RIA will develop and build a regulatory framework that promotes growth and ensures market sustainability, the EVC further pointed out that the focal area of the impact assessment is to provide the telecommunications ecosystem with opportunities to participate in evaluating regulations which when drafted well, safeguard the public interest, stimulate innovations and facilitate investment in the Market.
In her welcome address, the Commission’s Head, Legal and Regulatory Services Department, Mrs. Chizua Whyte, noted that the assessment move is an evolutionary change to the rule-making processes of the Commission.
She further explained the need: “As many of you are aware, the Commission has, over time, developed a range of regulations and guidelines to guide service delivery across the industry. However, with evolving technologies and policy priorities, it has become important to take a critical look at our existing regulatory instruments. The RIA process enabled us to evaluate what is working well, what requires enhancement, and where changes are necessary.
The assessment focused on critical areas such as licensing, SIM registration, subscriber management, spectrum trading, enforcement procedures, and infrastructure sharing. Through this review, we have identified opportunities to streamline processes, clarify obligations and remove outdated provisions that may hinder innovation or investment. What distinguishes this RIA is the depth of collaboration it entails.”
She promised that the outcomes of the assessment will guide the Commission’s regulatory review and reform agenda, and form the basis for amending and updating relevant subsidiary legislation to better align with current realities and future aspirations.
Speaking at the event, Associate Director, Regulatory Affairs, IHS Towers, Damian Udeh called on the NCC to reverse the policy of deducting the Annual Operating Levy from telecom operators’ gross revenue, rather it should be deducted from the net revenue. He further argued that the allowable deduction should include diesel and other expenditures that do not generate revenue. He noted that operators get taxed on diesel already.
Also speaking, Market Regulatory Lead at Airtel Nigeria, Cynthia Onwuegbuzie, called for NCC’s approval of self-service registration of SIM. While applauding the NCC for approving SIM –on –Wheels, a strategy that has helped in SIM registration, the next step should be to allow subscribers to be able to register their SIMs online without musc stress.
According to her, allowing for self-service registration will not only ease the rush to operators’ offices, but also help to increase teledensity drastically.
In his response, NCC’s Acting Head, Telecoms Law and Regulations, Dr. Mohammed Suleh-Yusuf explained that there will always be safeguards and controls to ensure that operators do not only consider their profit in canvassing for policy changes.
He disclosed that the Commission’s Business Rule should be ready by July and most of the recommendations by stakeholders will be accommodated.
In his contribution, Senior Manager, Regulatory Affairs, MTN Nigeria, Johnson Oyewo called for the institutionalization of the processes towards Rule-making as the Commission did with the RIA session. He said the Commission should periodically assess the impact of Rules on consumers.
Dr. Mohammed also disclosed that the Commission is already working with the National Identity Management Commission (NIMC) and will make SIM registration process, data collection and collation easier, among other collaborative efforts.
He further disclosed that 206 licensees participated in the Rule-making process, and further assured that the sessions with stakeholders prior to Rule-making will be held quarterly.
In her closing remark, Senior Officer, Telecoms Law & Regulations, Mrs. Fatima Aliyu-Madaki called for collaboration and transparency from operators and service providers, as the implementation of the RIA recommendations will help with industry growth.
