Section 112, The National Communications Authority Act, 2022

(1) The Authority shall encourage operators to offernational roaming to new entrant, at commercially agreed rates for voice only service, whenever it is technically possible to do so. (2) National roaming shall not replace the coverage obligations undertaken in the framework of mobile service licensing by new entrants Access to Dispute regarding access to National roaming . communication infrastruucture. No. 16 The National Communications Authority Act 2022No. 16 The National Communications Authority Act 202282 83 (d) terrestrial fibre optic cables; (e) main distribution frame; (f) undersea based fibre optic cables (g) public telecommunations towers (2) The essential facility operator shall grant access on objective, transparent, non-discriminatory and efficient terms. (3) Access to the essential facilities shall be set on the basis of cost-orientation plus, and subject to additional terms and conditions defined under regulations. (4) Any refusal to grant access without providing justifiable reasons shall not be approved by the Authority. (5) Refusal by an essential facility operator to grant access on transparent, objective, non-discriminatory and economically efficient terms where there is spare capacity shall be an abuse, unless the operator can demonstrate technical justification or provide that it prejudices its interests. (6) Refusing to reserve capacity to potential new entrants without evidence that the capacity is required shall not be deemed to be an abuse. 107. A person in control of access to an essential facility shall – (a) provide fair and non-discriminatory access on terms that are transparent, objective and economically efficient; (b) negotiate in good faith any matter relating to access with a person who makes a written request; (c) not withdraw or impair the nature of access if the access has been granted; (d) apply the same conditions in similar circumstances to any person who requests access on the same conditions and the same quality it provides to itself, its subsidiaries, related parties or persons possessing financial interest 108. (1) An entity or person wishing to access an essential facility shall submit a letter requesting access to the person in control of access to the essential facility. (2) An entity or person who submits a letter requesting access under subsection (1) shall at the same time of submitting the letter to the person in control of the essential facility submit a copy of the letter requesting access to the Authority. (3) A person in control of access to an essential facility shall respond to a letter requesting access within ten (10) working days of receipt of the letter. (4) The response referred to under subsection (3) shall stipulate the following– (a) the commencement date for access to the essential facility; (b) the terms and conditions of access; (c) associated facilities; and (d) any other related matter. (5) The person in control of access to an essential facility shall submit a copy of the response letter to the Authority at the same time it submits the letter to the applicant. conditions for essential facility Request to access Essential No. 16 The National Communications Authority Act 2022No. 16 The National Communications Authority Act 2022 85 (3) The Authority shall ensure that the national roaming contract is freely negotiated between operators on a bilateral basis, and the operators provide consumers with relevant information about national roaming tariffs. (4) The Authority shall ensure that national roaming offers are fair and non-discriminatory. (5) The Authority shall publish specific national roaming guidelines to help establish tariff and technical conditions and provide information on national roaming contracts, in consultation with the market players.