Obtaining an International Gateway License in Nigeria - Key Considerations

Satellite internet providers and international telecommunications companies seeking to operate in Nigeria may obtain an International Gateway License from the Nigeria Communications Commission (NCC).

Understanding the International Gateway License

An International Gateway License is an Individual License under the Nigeria Communications Act 2003 and the NCC Licensing Regulations 2025. An International Gateway License authorizes licensees to:

1. Construct, own, operate, maintain, and use international gateway facilities.

2. Provide international voice, data, and video services using satellite, radio, cable, or hybrid networks.

3. Connect to private leased circuits, international telecommunication systems, or other approved networks in Nigeria

An International Gateway License is advisable for companies aiming to provide satellite internet or point-to-point international communications in Nigeria.

Key Conditions and Limitations

The NCC imposes strict regulations on licensees to ensure fair competition and transparency. Amongst others, Licensees must comply with the following:

1. No Exclusive Dealing: Licensees cannot enter into agreements or arrangements that unfairly exclude or restrict other authorised operators from providing international connection or access services, preventing fair competition in international telecommunications.

2. No Undue Preference or Discrimination: Tariffs, discount schemes, and service provision must remain non-discriminatory, except for NCC-approved pricing.

3. No Cross-Subsidies: Licensees cannot unfairly subsidize the international gateway business from unrelated services without NCC approval.

4. No Anti-Competitive Conduct: Practices like price-fixing, market-sharing agreements, boycotts or discriminatory terms are prohibited.

5. No Linked Sales: Customers cannot be forced to purchase unrelated services or equipment to access international communications.

These conditions are particularly relevant for satellite internet providers seeking to establish a foothold in Nigeria while avoiding regulatory penalties.

General Requirements for Obtaining an International Gateway License

To apply, companies must use the NCC online Licensing Application Management System. Applicants must submit:

1. Certificate of Incorporation from the Corporate Affairs Commission (CAC)

2. Current Tax Clearance Certificate

3. Certified True Copy of Articles and Memorandum of Association

4. Passport photographs of directors, shareholders, and authorized representatives

5. Feasibility report for the proposed service and certificates of qualified technical staff (if applicable)

6. CAC status report

7. Utility bill for the company’s official address

8. Evidence of sufficient funding for the project

9. Memorandum of Understanding (if relevant)

10. Existing licensees must indicate current license type and project budget.

Key Takeaways

The NCC’s International Gateway License emphasizes fair competition, requiring operators to structure their services and partnerships carefully to comply with regulatory standards. Success in obtaining the license also depends on robust technical, financial, and corporate preparation, ensuring applicants can navigate the NCC application process efficiently and position themselves effectively in Nigeria’s international telecommunications market.

This publication is based on the authors' independent analysis, observations, and experience advising clients on regulatory and compliance matters. It is provided solely for informational purposes. The views expressed herein do not constitute legal advice or an official recommendation, nor do they represent the position of any institution or client. Readers should seek specific professional advice before relying on any part of this publication.