By Ifeoma Ben, LLM, MBA
Nigeria’s finite radio spectrum is the backbone of modern connectivity fueling mobile broadband, Wi‑Fi, and emerging services like satellite internet. As demand surges amid rapid digitization, effective spectrum management is essential to meet national connectivity targets, bridge rural-urban divides, and support future technologies like 5G, fixed wireless, and Internet of Things (IoT) initiatives.
The Spectrum Challenge: Limited Supply, Growing Demand
Radio spectrum is a scarce public resource. While Nigeria has made strides implementing spectrum trading and refarming, scarcity still limits mobile broadband expansion. The NCC, with support from GSMA insights, has begun allowing operators to refarm 2G/3G frequencies like 1800 MHz for 4G and 5G, boosting data capacity. However, allocating large contiguous blocks remains challenging, with regulators torn between wide distribution and quality service delivery.
Bridging the Divide: Rural Connectivity and Spectrum Access
Rural Nigeria remains underserved due to high infrastructure costs, up to 35% greater, and unreliable power and roads. The NCC and Universal Service Provision Fund (USPF) have introduced interventions like shared co-located towers and community networks via TV White Spaces (TVWS). Regulatory frameworks permitting license-exempt access to bands such as 6 GHz are empowering smaller ISPs to provide affordable broadband using Wi‑Fi 6.
Evolving Approaches: Trading, Refarming & Sharing
Nigeria’s spectrum policy has modernized through:
• Spectrum refarming, which reallocates under-utilized legacy frequencies;
• Spectrum trading, allowing operators to buy and sell spectrum rights, thus reducing dormant allocations and helping smaller firms access spectrum;
• Shared and dynamic spectrum allocation, inspired by Japan and Germany, to enable efficient, demand-based use, particularly valuable for rural service expansion.
Embracing New Bands: 6 GHz and Beyond
To relieve pressure on saturated 2.4/5 GHz bands, Nigeria is opening the 6 GHz spectrum for Wi‑Fi 6 and IMT use. With global best practices in mind, the NCC is promoting hybrid licensing models to balance innovation with technical maturity.
Balancing Spectrum Policy: Equity, Innovation & Inclusion
Effective spectrum management in Nigeria requires a nuanced policy that:
• Ensures equitable access via zoning and community licensing;
• Balances licensed and unlicensed use to support innovation without disrupting core communications;
• Encourages infrastructure sharing and cost efficiency, especially in areas lacking service;
• Fosters technology neutrality, allowing migration across technologies as needed.
Legal Industry Impacts: Crafting the Rules of the Airwaves
Effective spectrum policy relies heavily on legal frameworks and expertise. Telecommunications lawyers are central to:
• Legislative drafting and advisory: advising the NCC and policymakers on spectrum auctions, licence conditions, and frequency band designations.
• Contractual negotiations: drafting and reviewing spectrum licences, spectrum trading agreements, and infrastructure-sharing arrangements.
• Regulatory compliance and disputes: representing clients in licence conditions breaches, restrictions on use, or enforcement actions.
• Supporting dynamic and shared access models: structuring usage rights, service-level agreements, and liability clauses for community networks and shared spectrum deployments.
• Cross-border and satellite integration: advising on unified licensing, LEO satellite access (e.g., for Starlink), and cross-border frequency coordination.
Conclusion
Nigeria’s spectrum ecosystem is evolving from a rigid, bureaucratic model into a more adaptive, shared, and equitable system that aligns with its National Digital Economy Strategy. To achieve nationwide connectivity, especially in marginalized regions, and facilitate future innovations, the policy landscape must continue to support flexible, inclusive, and transparent spectrum allocation.
For the legal profession, the spectrum revolution presents both challenge and opportunity: from shaping regulations and negotiating deals to enforcing compliance and guiding infrastructure rollouts. Spectrum is not just technical; it is a legal asset that, when managed well, can unlock Nigeria’s digital potential.
Ifeoma Ben is a Partner at The Law Suite and the Editor-in-Chief of Lawhauz Magazine and can be reached on 08033754299
