Legal-Guidelines Commercial Satellite Communication 2018
Legal-Guidelines Commercial Satellite Communication 2018
Legal-Guidelines Commercial Satellite Communication 2018
NOVEMBER, 2018.
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Table of Contents
PART 1: GENERAL ................................................................................................................................... 3
Introduction ............................................................................................................................................. 3
Objectives................................................................................................................................................. 3
Scope ........................................................................................................................................................ 4
General Terms and Conditions .............................................................................................................. 5
PART 2: EARTH STATION ..................................................................................................................... 5
Licensing of Earth Stations .................................................................................................................... 5
Earth Station in Motion (ESIM)/VSAT ................................................................................................ 5
Licence Tenure ........................................................................................................................................ 6
Licensee’s Obligations ............................................................................................................................ 6
Licence Renewal...................................................................................................................................... 6
Processing Time ...................................................................................................................................... 7
Application ............................................................................................................................................... 7
End-user Terminal .................................................................................................................................. 7
PART 3: SPACE SEGMENT ..................................................................................................................... 7
Authorization of Space Segment Satellite Operators ............................................................................ 7
Space Segment Authorization Evaluation Criteria................................................................................ 9
Authorisation Tenure .............................................................................................................................. 9
PART 4: MISCELLANEOUS .................................................................................................................... 9
Fees and Charges .................................................................................................................................... 9
Type Approval........................................................................................................................................ 10
Interference Mitigating Techniques .................................................................................................... 11
Definitions.............................................................................................................................................. 12
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THE NIGERIAN COMMUNICATIONS COMMISSION
PART 1: GENERAL
1. Introduction
The Nigerian Communications Commission pursuant to its powers under Section 2 and
Section 70(2) of the Nigerian Communications Act 2003 hereby makes these Guidelines to
regulate the provision and use of all satellite communications services and networks, in whole
or in part within Nigeria or on a ship or aircraft registered in Nigeria.
2. Objectives
The objectives of these Guidelines are to:
(1) ensure a well-developed and organized satellite communications market in Nigeria
with appropriate legal framework that meets international best practices,
encourages innovation and guarantees public safety in the rendering of commercial
satellite services.
(2) manage scarce frequency resource, especially in bands where frequency is shared
between satellite and terrestrial systems and to encourage the use of satellite
connectivity to unserved areas that lack terrestrial transmission infrastructure
backbone.
(3) encourage the use of satellite communication infrastructure in Nigeria as a means
of providing long-haul transmission facilities.
(4) provide guidelines for protection from impermissible levels of interference to
reception of signals by earth stations in the Fixed/Mobile Satellite Service from
terrestrial stations in a co-equally shared band.
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(5) ensure that satellite space segment providers, Earth Station service providers,
Bandwidth Re-sellers and vendors of terminal equipment or franchise holders,
provide reliable, cost-effective and secured service to users in Nigeria under fair
and favourable commercial and technical conditions.
(6) ensure a standard means of obtaining accurate records of all providers and users of
satellite services in Nigeria in order to simplify and facilitate interference resolution
among satellite service providers, or between satellite and terrestrial systems.
(7) ensure regular update of facilities' database for use in processing satellite
coordination requests from neighbouring countries, International
Telecommunications Union (ITU), regional telecommunications organizations and
regulatory authorities in other countries.
(8) ensure that the general public and workers in communications companies are
protected from possible health hazards that can arise from over exposure to high
level electromagnetic fields at high frequencies.
3. Scope
(1) The provisions of these Guidelines apply to the following:
(a) All Commercial Satellite Services, i.e. those that provide services to third parties
or own satellite space segments or earth station for self-provision support of
their businesses.
(b) Operators of Space Segments and Earth Stations, Satellite Gateway service
providers, GMPCS providers and Sales and Installation of Satellite Terminal
Equipment.
(c) GSO and non-GSO satellites including satellites in LEO, MEO, HEO, HAPS,
and other similar orbits that may be developed in future.
(2) These Guidelines do not apply to military and non-commercial government
satellites, radio navigation satellites, amateur satellites, earth observation and space
research satellites, and receive-only earth stations.
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4. General Terms and Conditions
(1) Service providers wishing to provide service or obtain landing rights in Nigeria
must complete and submit the relevant Application Form to the Commission.
(2) In addition to licensing of the space segment, authorization requirements for
satellite service providers and individual licensing for earth station facilities is
mandatory before the installation or use of” any Satellite Ground Equipment.
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(2) An ESIM/VSAT on board an aircraft, ship or land mobile vehicle shall require no
licensing where the ESIM/VSAT is within the territorial district of Nigeria for a
period not exceeding six weeks. Provided that the ESIM has been duly registered
in its country of origin.
(3) A Visiting ESIM/VSAT exceeding six weeks temporary stay shall notify the
Commission and obtain the necessary permit from the Commission.
(4) A Visiting ESIM/VSAT shall not cause any interference to any system in Nigeria.
(5) A local ESIM/VSAT service provider shall be licensed under an Individual licensee.
(6) An ESIM/VSAT must have Control and Monitoring Function to ensure
interference free operation.
7. Licence Tenure
The tenure of the individual and frequency licences for an earth station shall be ten (10) years
each.
8. Licensee’s Obligations
A Licensee shall without derogating from other obligations provided by the Act or other
legislation:
(1) provide accurate information relating to the network systems, operations and
subscribers, such as location, transmit power, etc. and any other information as may
be required by the Commission.
(2) ensure that no operator is provided service or connected to its network without a
licence or authorization from the Commission.
(3) maintain a database of all customers to whom services are provided.
(4) ensure that the subscriber’s information security is guaranteed and accordingly, the
licensee shall not at any time grant access to subscriber data to a third party except
in accordance with the Act or any other law in force in Nigeria.
9. Licence Renewal
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(1) A successful applicant will be granted a licence where applicable stipulating full
details of rights, privileges and obligations.
(2) All licences shall be renewed after expiration subject to satisfactory compliance
with the licence obligations and all applicable fees will be payable on renewal.
(3) A licensee shall apply for the renewal of its licence not later than six months
prior to the expiration of the said licence. The licence shall be renewed in
accordance with the laid down procedure of the Commission.
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(b) Upon the authorization of the Commission in paragraph 13(1)(a) above, is
eligible to provide service in Nigeria and the name of that satellite shall be
included in the list of Authorized Space Stations maintained by the
Commission.
(c) obtain a permit upon application for landing rights.
(d) ensure that any person providing services using its space segment is licenced
by the Commission to do so.
(e) maintain a database of all such providers required by (d) above and submit
a report to the Commission upon request.
(f) submit technical information on the space station, indicating its possible
uses, orbiting parameters, frequency bands and geographical areas to be
covered (footprints) and any other relevant data;
(g) ensure that power flux densities of its transmission signals are within the
ITU specified limits when the band in question is shared with terrestrial
services.
(h) A single authorization shall be issued in respect of a hybrid satellite.
However, such authorization shall be issued with different conditions for
each band, for example C, L, Ku, Ka, since operating conditions may vary
from band to band.
(2) A licensee with an earth station shall provide the location and technical parameters
of its equipment.
(3) Individual users that are activated through the local representative in Nigeria are
exempted from licensing.
(4) Upon the grant of authorization under these Guidelines, the Commission shall:
(a) ensure the protection of satellite service operators and prompt action in the
event of interference to its services by any earth station located within
Nigeria. The Satellite Service operator shall however be obligated to provide
details of the source of interference and the geographical location of the
interfering party.
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(b) give full support to the Satellite Service Operator in case of any request for
coordination pursuant to its powers under the Act.
(c) render any other support within the scope of the Commission's statutory
powers.
14. Space Segment Authorization Evaluation Criteria
(1) The following technical and operational issues shall be taken into consideration in
the evaluation process:
(a) Lifetime of satellite/orbit/inclination.
(b) Multiple Access Method.
(c) Transponder redundancy, space segment redundancy, RF redundancy.
(d) Type of modulation.
(e) Link budget and fade margin.
(f) C/I ratio.
(g) Transponder traffic loading.
(h) Saturation flux density at satellite input.
(i) Number of earth stations, linkages, number of gateways.
(j) Received power level contour.
(k) Location of Network Control Centre and Network Operating Centre.
(2) In addition to the foregoing, applicants will be required to show evidence of ITU
coordination filings and licence from the operator's host country regulator.
PART 4: MISCELLANEOUS
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(1) Space segment landing rights shall not be paid for, however, authorization shall
be for the life span of the satellite.
(2) Spectrum usage fee for Earth station(s) registered in Nigeria shall be based on the
economic value of the spectrum. The following table shall guide the Commission
in determining the spectrum fees:
Band Fee/Annum (USD) or Naira Equivalent at prevailing CBN
Exchange Rate
L $ 2,000 USD
C $ 2,000 USD
Ku $ 2,000 USD
Ka $ 2,000 USD
ESIM/VSAT
TERMINAL(s) $ 2,000 USD
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18. Interference Mitigating Techniques
(1) The Commission shall encourage the use of the following technical means to
ensure interference free operation in any band shared by both satellite and
terrestrial systems:
(a) Limitation on satellite Power Flux Density (pfd) produced at the surface of
the earth.
(b) Limitation on the Effective Isotropic Radiated Power (e.i.r.p) by terrestrial
stations.
(c) Maintenance of high antenna performance standards.
(d) Controlling the elevation angles of satellite earth station antennas in order
to limit power radiated to the horizon.
(e) Ensuring minimum separation between terrestrial stations and satellite earth
stations.
(2) The Commission shall always adopt radiation limits specified by ITU in Article 21
of the Radio Regulations and shall mandate licencees to adhere accordingly.
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Definitions
Terms and expressions used in the Guidelines which are defined in the Act shall have the same
meaning as in the Act unless the context otherwise requires.
"Act" means the Nigerian Communications Act 2003 and any amendment thereto;
"Broadcast satellite" means any radio or TV broadcast satellite; "C/I" means 'Carrier to
Interference' ratio;
"Commercial satellite" means a satellite launched for profit making or business purpose;
"Earth observation satellite" means any satellite that senses the earth and provides data. ;
"Earth Station Service Provider" means a licencee that owns the earth station for service
provision;
"Earth station" means the ground component of satellite for transmit and receive (Tx/Rx);
“ESIM” stands for ‘Earth Station in Motion’ and means any small mobile earth station on
board ships, trains, vehicles or aircrafts;
“GEO" stands for 'Geo-Stationary Earth Orbit' and means any satellite that moves at the same
speed relative to the earth;
"GSO" stands for 'Geo-Stationary Orbit' and means a satellite location at 36,000km above sea
level;
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"HAPS" stands for 'High Altitude Platform Station'; "HEO" stands for 'Highly Elliptical
Orbit';
“NGSO” stands for ‘Non Geo-Stationary Orbit’ and means a satellite that does not maintain
a stationary position, instead moves in relation to the Earth's surface and occupies a range of
orbital positions (LEO satellites are located between 700km-1,500km from the Earth, MEO
satellites are located at 10,000km from the Earth).
“Portable Terminal” means an end user terminal capable of operating with one or more
commercial satellites, including terrestrial mobile systems;
"Radio navigation satellite" means any satellite that uses radio frequency to provide location
based services;
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"Space segment" means any satellite station in orbit;
"Transponder" means the Transmit/Receive part of a satellite and microwave repeaters carried
by a communications satellite or images;
"VSAT" stands for "Very Small Aperture Terminal" and means any small fixed earth station
used to link to satellites operating in C, Ku and Ka bands.
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