The Nigerian Communications Commission (NCC) has moved to stop incumbent telecoms operators from using control of network infrastructure to frustrate the rollout of Mobile Virtual Network Operators (MVNOs) in the country.

To match words with action, the telecoms industry regulator is introducing stricter rules aimed at guaranteeing fair and transparent access to network resources in Nigeria’s telecoms market.

The provisions are contained in the NCC’s Draft Business Rules for Mobile Virtual Network Operations in Nigeria, a proposed regulatory framework designed to govern the operational relationship between Host Network Operators (HNOs) and MVNO licensees.

According to the draft rules, a Host Network Operator “shall not engage in any act or omission” that delays, frustrates, restricts, or prevents the onboarding, integration, testing, launch, or scale-up of an MVNO operating within the scope of its licence.

Telecoms regulator mulls new rules to aid go-live of MVNOs

Under the proposed framework, telecoms operators would be prohibited from withholding network access, delaying onboarding processes, restricting technical integration, or deploying opaque capacity allocation systems that could hinder MVNO operations.

According to the draft rules, a Host Network Operator “shall not engage in any act or omission” that delays, frustrates, restricts, or prevents the onboarding, integration, testing, launch, or scale-up of an MVNO operating within the scope of its licence.

The Commission further barred hosts from:

• imposing duplicative technical or administrative requirements;
• delaying the release of APIs, interfaces, and test access;
• applying discriminatory capacity allocation practices; and
• using internal sequencing or prioritisation systems to unfairly postpone MVNO onboarding.

The NCC warned that such actions could amount to anti-competitive conduct and may attract regulatory sanctions.

The proposed framework comes amid concerns over delays in the operational rollout of licensed MVNOs in Nigeria, despite the issuance of multiple licences since the Commission opened the market to virtual operators.

Under the draft rules, Host Network Operators would be required to acknowledge hosting requests from MVNOs within 10 days and provide substantive responses within 20 days.

The framework also mandates telecoms operators and MVNOs to conclude commercial and technical agreements within a maximum period of 120 days from the date of formal request.

In a significant provision targeted at reducing bureaucratic bottlenecks, the NCC stated that internal corporate approval procedures would no longer be accepted as justification for prolonged onboarding delays.

“Internal approval processes shall not override this timeline,” the draft rules stated.

The Commission also proposed stronger regulatory oversight powers during onboarding and integration processes.

According to the framework, the NCC may intervene where negotiations encounter significant delays and could issue directives relating to:

• access;
• capacity allocation;
• technical enablement;
• implementation milestones; and
• remedial measures necessary to enforce compliance with the rules.

The proposed rules further require Host Network Operators to provide MVNOs with adequate technical visibility and implementation support necessary for onboarding and commercial launch.

These include:

• API documentation;
• test environments;
• provisioning support;
• capacity planning information;
• interface specifications; and
• technical configurations required for deployment.

The Commission stated that any claim by a Host Network Operator regarding technical infeasibility or capacity limitations must be objectively justifiable and verifiable upon request.

The framework also introduces non-discrimination obligations requiring hosts to treat similarly situated MVNOs fairly in relation to:

• access;
• onboarding sequence;
• technical support;
• commercial treatment; and
• quality of service.

In another major provision, the NCC stated that MVNO traffic must not be degraded, throttled, or deprioritised relative to comparable traffic on the same network, except where required by law or security controls.

The Commission said the proposed rules are intended to:

• promote fair competition;
• reduce onboarding delays;
• improve service quality;
• broaden participation in the telecomsmarket; and
• support sustainable industry growth.

The framework also introduces detailed provisions covering:

• interconnection;
• numbering resources;
• SIM and eSIM management;
• revenue-sharing;
• consumer protection;
• dispute resolution; and
• quality of service obligations.

According to the NCC, existing agreements between telecoms operators and MVNOs would be reviewed and aligned with the new rules within 30 days of commencement if the framework is eventually adopted.