Section 172, The National Communications Authority Act, 2022

The proceeds of the Universal Access Development Fundshall be used to- (a) offer subsidies on a competitive basis to licensees in order to provide them with an incentive to provide universal access in areas that are uneconomic or only marginally viable without subsidies; (b) provide other financial incentives and assistance; (c) meet administrative expenses associated with the execution of the duties, functions and responsibilities, management, publication and independent audit costs of annual reports of the Universal Access Development Fund and these expenses shall not exceed a certain amount, to be determined in regulations; and (d) conduct research and consultancy assignments related to universal access. 126 127 Use of proceeds of the Fund. Tariff. Non-payment of levy. Selection of universal licence licensee. Terms and No. 16 The National Communications Authority Act 2022No. 16 The National Communications Authority Act 2022 (2) In carrying out its monitoring and enforcement mandate under subsection (1), the Authority shall, at its own initiative, or pursuant to any inquiry made under this Act- (a) carry out investigations; (b) carry out inspections; (c) request information from the licensees, including reports; (d) carry out technical audits; (e) take any other action deemed necessary for the purposes of this provision. (3) The Authority shall give the licensee thirty (30) days to respond to an inquiry regarding an alleged contravention. (4) Where, after due inquiry, the Authority is satisfied that the licensee has breached a provision of this Act, statutory instruments made under this Act or a term or condition of its licence, it shall take any appropriate sanction under Section 181, inform the licensee of its decision, in writing, and may- (a) require the licensee to remedy the breach; (b) order the licensee to pay compensation; (c) order the licensee to account for the profits made out of the breach; (d) order the licensee to pay a fine; (e) suspend the licensee’s licence; (f) revoke the licensee’s licence; (6) Unless otherwise ordered by the High Court, the decision of the Authority shall remain in force- (a) during the period referred to under subsection (4); or (b) while the appeal of the licensee is under consideration by the High Court. 181. Where after due inquiry, the Authority is satisfied that the licensee has breached a term or condition of its licence, which requires a fine as specified under 176 sub-section 4 (d) the licensee shall be liable to a fine not exceeding 2% of the license fees and 4% of the license fees where the same offence is repeated. PART XXXV-OFFENCES RELATING TO ELECTRONIC COMMUNICATION 182. (1) Any person who constructs, own, makes available or operates an electronic communications network without a relevant licence, commits an offence and shall be liable on conviction to a fine equivalent to double the license fee and to a term of imprisonment not exceeding 4 years or to both the fine and imprisonment.. (2) Any person who provides a communications service without having first obtained a relevant licence, and any person who connects to an unapproved terminal equipment, commits an offence and is liable on conviction to a fine equivalent to double the license fee and to a term of imprisonment not exceeding 4 years or to both the fine and imprisonment Penalty for breaching Operating without No. 16 The National Communications Authority Act 2022No. 16 The National Communications Authority Act 2022 (g) make any other order the Authority may deem appropriate.