July 6, 2021

Where the roaming seeker receives no response from the roaming provider within 15 days of its request, the roaming seeker shall immediately notify the commission in writing, and the commission shall take necessary steps to ensure the roaming provider responds to the roaming request

The Nigerian Communications Commission, NCC, has fixed the duration of any national roaming agreement between service providers at three years, renewable for another three years.

According to Guidelines on National Roaming released by the commission, “duly authorised service providers shall request and negotiate National Roaming Agreements with each other on bi-lateral and non-discriminatory terms.”

The new directive, the NCC says, is in exercise of the powers conferred upon it by Section 70 of the Nigerian Communications Act, 2003 and other enabling powers in that regard.

Elaborating on the procedure and rules of engagement in the negotiation for roaming agreement, the NCC says a roaming seeker requesting for National Roaming services shall forward a duly completed Roaming Request Form A contained under Schedule1 of these Guidelines to the Roaming Provider.

According to NCC: “Where the roaming seeker receives no response from the roaming provider within 15 days of its request, the roaming seeker shall immediately notify the commission in writing, and the commission shall take necessary steps to ensure the roaming provider responds to the roaming request.”

Procedurally, the roaming provider shall within 15 days of receipt of the roaming request notify the roaming seeker of its acceptance by completing the relevant section of the Response to Roaming Request Form B contained under Schedule 1 of the Guidelines.

Among other safety nets built into the guidelines to forestall undue corporate bully and arm-twisting among the service providers are that:

• Parties shall thereafter enter into a Non-Disclosure Agreement and commence negotiations of the terms of the National Roaming Agreement.
• Parties shall conclude negotiations on the terms of the National Roaming Agreement and execute same within 60 days from receipt of the Roaming Request.
• Parties shall ensure that the National Roaming Agreement is submitted to the Commission for review and approval, prior to registration, within 14 days of execution by parties.
• If within 15 days from the date of submission the Commission does not act on the National Roaming Agreement, such shall be deemed approved and registered.

The commission also said that once an agreement has been reached between the seeker and the provider, such agreement shall subsist for a period of three years, adding that “the commission reserves the right to permit parties to renew the National Roaming Agreement for another 3 years.” Any further extension must be subject to the approval of the commission, the guideline said.