AN EXAMINATION OF THE ROLE OF NIGERIAN COMMUNICATIONS COMMISSION (NCC) IN REGULATING THE TELECOMMUNICATIONS SECTOR

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Author

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Department of Law

ABSTRACT
This research sets out to examine the role of the Nigerian communication commission in regulating the Nigerian telecommunication sector. It further scrutinizes the legal and regulatory framework surrounding the business of telecom industry in Nigeria. It predominantly scrutinizes the provision of the law establishing the National regulator vis a vis other laws establishing the institutional framework, the service providers and the consumers of these telecom services. Such laws as the company Act, Nigeria communication Act, National environmental standards and regulation enforcement agency (NESREA) Act, Consumer protection Act, Criminal law, law of tort, planning Laws, Land Use Act and other regulations tangential to/with the provision of telecom services in the country. The research identifies certain inherent problems and challenges that has militated the commission in its application of its power as provided in the statute. It further examined the lacunas, drawbacks and limitations existing in the telecom regulations and proceeds to advance reform and recommendations towards the efficient administration and implementation of telecom laws in Nigeria in the overall benefit of the telecom business in Nigeria. Findings from the research shows that the Nigerian Communication Commission is the national regulator of the Nigerian telecommunication industry and it plays a major role more than any other agency/institution in the telecommunication sector. Nonetheless, this study observed that the approach of the NCC toward the protection of telecommunication consumers, poor quality of services provided by the telecommunication providers, and the centrality of the telecommunication services, etc. has posed a major challenge to telecommunication regulation in Nigeria. This quandary has been compounded particularly by the incessant impact of convergence in the telecommunication atmosphere. Currently, different regulatory frameworks for telecommunication in Nigeria have not created ample instrument to warrant synergy and build an enabling environment for the adequate implementation of telecommunication regulations. In this regard, it is the recommendation of this research work that a comprehensive legal framework need to be re-structured in this area so as to allow a hitch-free and unlimited range of telecommunication services.