Communications
2003 No. 19
94.—(1) The Commission or a person may seek an interim or interlocutory
injunction against any conduct prohibited in this Part.
A 323
Legal action
against
default.
(2) A person shall obtain a certificate from the Commission for leave to
proceed to the court for enforcement of the provisions of this Part except in the
case of an injunction.
95.—(1) Subject to subsection (2) of this section, the Commission may
make regulations or rules in respect of agreements between licensees under this
Act and foreign network facilities providers or network service providers.
Regulations
etc. relating to
foreign
operators.
(2) The Commission shall only make the rules under subsection (1) of this
section which are intended to prevent or mitigate :
(a) any conduct by foreign network facilities providers or network service
providers that shall or is likely to lead to a substantial lessening of competition
in any aspect of the Nigerian Communications market; or
(b) the misuse of market power in any aspect of the Nigerian communications
market.
PART II—INTERCONNECTION
96. If a network services or facilities provider receives a request for
interconnection from another licensee, then the service or facilities provider shall
have an obligation to interconnect its communications system with the other
licensee’s network at technically feasible locations, in accordance with the
principles specified if section 97 of this Act and pursuant to terms and conditions
negotiated between the parties in good faith.
Obligation to
in terconnect.
97.—(1) All interconnection agreements between licensees shall be in writing
and shall comply with :
Interconnection
agreements.
(a) this Act, the regulations and guidelines published from time to time by
the Commission pursuant to this Act ; and
(b) the principles of neutrality, transparency, non-discrimination, fair
competition, universal coverage, access to information, equality of access and
equal terms and conditions.
(2) The terms and conditions of interconnection agreements shall primarily
be agreed upon between the parties thereto and the Commission may intervene
and make binding rulings at its instance or at the instance of either or both parties
to the agreement :
(a) if the Commission determines that the agreement or any provision thereof
is inconsistent with the provisions of this Act or its subsidiary legislation ; or
(b) in the event of a failure of consensus between the parties on specific
issues or a delay in reaching such consensus ; or
(c) if the Commission considers it in the public interest for it to so intervene at its
own instance and without any invitation from either or both parties to the agreement.