Highlight of the NCC Draft Guidelines: Key Provisions and Practical Implications

The lower 6 GHz band is usually used in high-capacity environments like airports, stadiums, universities, offices, and homes using multiple high-bandwidth devices for high-resolution gaming or live streaming. It is commonly used in areas without access to fibre infrastructure and can prove useful for smart factories or remote logistics hubs that still require reliable connectivity. Telecoms operators also use this band to complement existing 5G spectrums for managing data traffic. In countries like the USA, Canada, Chile, Saudi Arabia, and South Korea, the entire band (upper and lower parts) is available for unlicensed Wi-Fi. The UK, China, EU, India, and now Nigeria, only permit part of the band for use by unlicensed entities, consequently freeing up more bandwidth for Wi-Fi without the connectivity costs of licensed broadband services. As of 2021, the value of Nigeria’s Wi-Fi market was estimated at USD 16 billion and projected to hit USD 33 billion by 2025.

The Guideline builds on the NCC’s mandate to facilitate investment, promote innovation, and ensure efficient spectrum management. The lower 6 GHz band will be opened for unlicensed use to meet growing demand for spectrum resources while ensuring compatibility with existing fixed services and preventing harmful interference. Below, we examine the key provisions of the Guideline and discuss their implications for operators, equipment manufacturers, importers, and users involved in the deployment of WAS/RLAN or related communications services on the 6 GHz band in Nigeria.

Key Highlights of the Guideline
i. License-exempt but regulated: Access to the lower 6 GHz band is license-exempt and on a shared basis, as there are no exclusive assignments within this band. However, users must obtain an Operational Licence-Exemption Certificate from the NCC and comply with the Guideline once it becomes operational.

ii. Type approval required: All equipment that connects to and accesses this band must be type-approved by the NCC prior to importation, sale, or deployment. Devices must meet the technical specifications set out in the Guideline and Annex 1 once this becomes operational. Non-compliant or altered devices will attract sanctions under the Type Approval Regulations 2007.

iii. Operational regime & notification: While the Guideline does not limit the types of services that may be provided, it requires strict adherence to the stipulated technical conditions. Users must notify the NCC upon deployment of services using the “License Exempt Spectrum Registration Form” and submit bi-annual utilisation data (or as requested by the NCC).

iv. Permissible use cases: It is important to note that fixed outdoor deployments in the lower 6 GHz band require a separate spectrum licence. Therefore, the Guideline only recognises the following use cases under the license-exempt status:
a) Indoor Low Power (ILP) devices: Indoor only, including homes, offices, trains, and aircraft interiors; outdoor use is prohibited.
b) Very Low Power (VLP) devices: Permitted for indoor and certain outdoor uses. This does not include fixed outdoor deployments or radio-controlled models (small-scale models of aircraft, boats, or automobiles that can be remotely controlled), and use on drones is prohibited.

v. Technical limits & interference management: The Guideline specifies channel arrangements (20/40/80/160 MHz channels) and strict power/emission limits. Furthermore, it mandates spectrum-sharing and mitigation techniques such as antenna discrimination, power control, and frequency offset to avoid harmful interference with incumbent fixed services.

vi. No spectrum fees for license-exempt users: There will be no spectrum fees for license-exempt use, though operational and compliance requirements including type approval and notification remain effective.

vii. Compliance, inspection & enforcement: The NCC reserves the right to inspect systems, request mitigation, and impose sanctions for non-compliance under the NCA and Type Approval Regulations 2007. Disputes are to be resolved under commercial agreements and, if unresolved, referred to the NCC.

Practical Implications — What Stakeholders Should Do Now
We anticipate the following implications in the event that the NCC approves the draft Guideline in its current form:

i. Supply Chain Management: Device suppliers would need to ensure all 6 GHz-capable products are tested to the ETSI/IEEE specifications in Annex 1 of the Guideline and submitted for NCC type approval before importation or sale. Spectrum users must comply with the technical specifications regarding ILP/VLP devices (indoor vs outdoor), channel planning, and power limits. Where applicable, register service deployment on the NCC portal and comply with the requirement to submit utilisation reports bi-annually.

ii. Drone Procurement Consideration: Drones operating with Wi-Fi 6 within the lower 6 GHz spectrum band are prohibited. Importers of drones may have to focus on Wi-Fi 5 or Wi-Fi 6 drones compatible with the upper part of the spectrum band.

iii. Service Providers & Operators: Service providers would need to identify outdoor fixed services on the spectrum band that require a separate spectrum licence. Where shared usage is intended, build mitigation and monitoring into service level agreements and have procedures for interference resolution.

Conclusion
The Guideline is expected to create an enabling but controlled environment for Wi-Fi 6 and related WAS deployments in the lower 6 GHz band. It offers balanced spectrum access with protection for incumbent services through technical limits, mandatory type approval, and notification/monitoring obligations. We recommend early compliance (type approval, notification, technical planning), as this will be decisive for market participants seeking to deploy or sell 6 GHz equipment in Nigeria when the Guideline is finalised and becomes operational.

Should you have any questions regarding the information in this legal alert, please do not hesitate to contact Sumbo Akintola and Timothy Ogele.