The National Broadcasting Commission (NBC) is the broadcast regulator in the Federal Republic of Nigeria, established under the National Broadcasting Commission Act, Cap. NII, Laws of the Federation, 2004.
The NBC is vested with responsibilities that include regulating and controlling the broadcasting industry in Nigeria.
Overview of NBC’s Powers to Grant Licenses
The NBC holds the authority to grant broadcasting licenses based on specific criteria, ensuring that applicants meet the following requirements:
- Legal Status: The applicant must be a body corporate registered under the Companies and Allied Matters Act (CAMA) or operated by the Federal, State, or local government.
- Foreign Interests: The applicant must demonstrate that they are not applying on behalf of any foreign interest.
- Policy Compliance: The applicant must comply with the objectives of the National Mass Communication Policy related to electronic media (radio and television).
- Promotion of National Interests: The station must promote national unity and cohesion without offending religious sensibilities or promoting sectionalism and hatred.
- Availability of Frequencies: The grant of a license is contingent on the availability of broadcast frequencies.
Licensing Considerations
In determining the grant of a license, the NBC considers:
- The structure of shareholding in the broadcasting organisation.
- The number of shares held in other media establishments.
- The geographical distribution of stations and establishments (urban, rural, etc.).
License Categories
1. Radio Broadcasting License
There are three types of radio broadcast licenses:
- FM (Frequency Modulation) License: Open to federal, state, local governments, communities, and private operators.
- MW (Medium Wave/AM): Offers larger coverage than FM, available to various operators.
- SW (Short Wave): Restricted to the federal government for international broadcasts.
2. TV Broadcasting License
The NBC assigns channels for VHF and UHF licenses, allowing for low-power or high-power transmitters based on application conditions.
3. Satellite Broadcasting License
This is subdivided into:
- Direct to Home (DTH): For re-distribution of broadcast signals via satellite.
- Satellite Broadcast Signal Distribution: For distribution of signals to select users.
- Direct Satellite Broadcast: For services transmitting directly via satellite.
Procedure for Obtaining a Broadcast License
The procedure for obtaining a broadcast license as stipulated by the NBC Act can be categorised into three groups:
1. Free-to-Air Terrestrial Television and FM Radio License
- Eligibility: Must be a limited liability company registered under CAMA with a minimum share capital of ₦1 million.
- Application Process:
- Submit a letter to the Director-General of NBC to request approval to purchase an application form.
- Upon approval, purchase an application form for ₦50,000 via bank draft at any NBC zonal office.
- Complete the application form in triplicate and return it with the following documents:
- Certificate of Incorporation
- Certified copy of Memorandum and Articles of Association
- Engineering design and feasibility study
- Letter of undertaking as per Section 9 (1) (d) of the NBC Act
- Bank letter providing financial guarantees.
- The application will be processed, and if compliant, recommended for license approval.
2. Satellite Television Services
- Eligibility: Same as Free-to-Air, with application process similar to the terrestrial license.
3. Community Radio
- Eligibility: An association registered under part C of CAMA as a non-profit organisation (NGO).
- Application Process:
- Write to the Director-General seeking approval to purchase an application form for ₦10,000.
- Submit completed forms with similar documents required for other licenses.
License Fees and Renewal Schedule
| License Category | Location | Initial License Fee | Renewal Fee |
|---|---|---|---|
| Radio | FCT, Lagos, PH | ₦20 million | ₦5 million (5 years) |
| Radio | Other States | ₦15 million | ₦4 million (5 years) |
| Terrestrial TV | FCT, Lagos, PH | ₦15 million | ₦5 million (5 years) |
| Terrestrial TV | Other States | ₦11.25 million | ₦4 million (5 years) |
| Cable TV | FCT, Lagos, PH | ₦10 million | ₦5 million (5 years) |
| Cable TV | Other States | ₦7.5 million | ₦4 million (5 years) |
| Public/Government Stations | All Locations | ₦5 million | ₦1 million/channel/year |
| Direct Broadcast Satellite | All Locations | ₦10 million | ₦10 million (5 years) |
| Direct-to-Home (Multichannel) | All Locations | ₦25 million | ₦50 million (5 years) |
| Dealer/Importer/Retailer | All Locations | ₦120,000/₦30,000 | Annual |
Local Programme Content Requirements
Every licensee must adhere to a minimum of:
- 60% local content for open television.
- 80% local content for radio.
- 20% local content for cable/satellite retransmission stations.
Procedure for License Renewal
To renew a license, an application must be made at least six months before the license’s expiration. The renewal process includes:
- Clearing all outstanding financial and administrative obligations to the NBC.
- Submitting an application to the Director-General, including:
- A report of compliance with original license terms.
- Maintenance of daily station logs and program schedules.
- Statement of accounts for the review period.
Conclusion
Obtaining a radio or TV broadcasting license in Nigeria involves navigating regulatory requirements and adhering to strict compliance standards set by the National Broadcasting Commission.
By understanding the procedure, costs, and requirements outlined in this guide, potential broadcasters can effectively pursue their licensing goals.
