NATIONAL BROADCASTING COMMISSION EO1 OPERATIONALIZATION PLAN8th February, 2021
NATIONAL BROADCASTING COMMISSION EO1 OPERATIONALIZATION PLAN
The National Broadcasting Commission was established by the NBC Act Cap. N11, Laws of the Federation of Nigeria 2004, with the principal mandate to ensure the effective administration, licensing, regulation and control of the Broadcast Industry in Nigeria.
The Commission has its headquarters at Plot 20, Ibrahim Taiwo Street, Asokoro District, Abuja and ten zonal offices in Abuja, Benin, Enugu, Ibadan, Jos, Kaduna, Lagos, Maiduguri, Sokoto and Uyo. It also has twenty-five state offices located across the country.
In line with the EO1 of 2017 as enacted by the Presidential Enabling Business Environment Council (PEBEC) and in an attempt to ensure timely, effective and efficient service delivery, the Commission has formulated the National Broadcasting Commission (NBC) EOI Operationalisation Plan as a guide, to inform and educate the general public on its services and how to access them.
This document shall be called the NBC EO1 Operationalisation Plan and is a reflection of the commitment to service delivery of the NBC (Board) Management and all the members of staff of the NBC headquarters, Zones and State Offices throughout the country.
This plan is subject to review and updates from time to time as may be directed by the Commission or the Presidential Enabling Business Environment Council (PEBEC) and it is effective from January 2021.
The National Broadcasting Commission shall evolve defined standards in all aspects of broadcasting in order to effectively licence, monitor and regulate the broadcast industry. It shall also provide an environment that encourages investment and development of quality programming and technology for a viable broadcast industry that competes favourably in the global information society.
- AGREEMENT OVERVIEW
The National Broadcasting Commission was established by the NBC Act, CAP. NII, Laws of the Federation of Nigeria, 2004. The mandate of the Commission includes, but not limited to receiving, considering, processing applications for the establishment and ownership or operation of radio and television stations and any other medium of broadcasting.
In line with the above, “we the Management and staff of the Commission hereby dedicate and commit ourselves to ensure that Broadcast Regulation in Nigeria is done in such a manner that guarantees the provision of quality Broadcasting to the general public in a timely, fair, honest, effective, efficient and transparent manner”.
GOALS & OBJECTIVES
The NBC shall be a robust regulatory organization that is self-sustaining and effective in the discharge of its responsibilities under the law;
- To ensure plurality of views and opinions to meet the yearnings and aspirations of the multicultural diversity of Nigeria
- To ensure peace in the broadcasting industry
- To ensure technical excellence by the efficient and optimal utilization of broadcast spectrum
- To ensure professionalism in the broadcast industry
- To inculcate in the people the spirit of tolerance of different shades of opinion in the development of national unity and participatory democracy
- To create jobs, promote local content and technology; and contribute to the nation’s GDP
- To ensure strict adherence to the NBC Act, the Nigeria Broadcasting Code and other extant laws.
THE COMMISSION’S ADMINISTRATIVE STRUCTURE
Board of the Commission
The Board is composed of a Chairman and ten other members representing various interest groups. The Director General of the Commission is a member, while the Secretary to the Commission serves as the secretary to the Board. The Commission functions through the following directorates, departments and units:
DIRECTOR GENERAL’S OFFICE
The Director General is the Chief Executive of the Commission and is responsible for the execution of policies and day- to-day administration of the Commission. The Director General’s Office functions through the following:
- Office of the Director, Director General’s Office
The office of the Director, Director-General’s Office was established to help in actualizing the mandate of the office of the Director General by interpreting the policies of government as they relate to broadcasting and the general administration of the Commission and also promoting transparency and efficiency in doing business in the Commission.
- Public Affairs Department
The department is responsible for managing the corporate image of the Commission; interacting with its various publics; and addressing public relations issues that come up from time to time through its different communication channels including website, e-mail, Facebook, Instagram and twitter handle.
- Legal Department
The legal department is responsible for all legal matters in the Commission, ranging from Licensing,Litigation, Solicitor and Legal Searches to International agreements.
- Internal Audit Department
The department is responsible for administering checks and control on the Commission’s finances to ensure fiscal discipline.
- Procurement Unit
The Unit carries out all procurement related activities of the commission in accordance with extant laws and regulations; ensures the Commission’s needs are identified and met from time to time whilecontracts for goods, works and services are executed duly and promptly.
- SERVICOM Unit The SERVICOM unit co-ordinates the efforts of the Commission to formulate and operationalise the Service Charter. It serves as a link between the Commission and the SERVICOMoffice while ensuring quality service delivery in the Commission.
- Digital Switch Over Unit
The unit coordinates all the activities and meetings related to the smooth and successful process of the Digital Switch Over in the Broadcasting industry in Nigeria.
OFFICE OF THE SECRETARY TO THE COMMISSION
The office of the Secretary to the Commission in addition to serving as secretary to the Board of the Commission, is responsible for coordinating licensing functions of receiving, processing and considering applications for the establishment, ownership or operation of radio and television stations; and recommending applications through the Minister to the President, for the grant of radio and television licences. It is also responsible for all Board related matters.
DIRECTORATE OF ENGINEERING/TECHNOLOGY
The Directorate of Engineering/Technology is in charge of Technology/Technical Standards, Spectrum (Analysis/Assignment), Engineering Research and Monitoring.
DIRECTORATE OF BROADCAST MONITORING
The Directorate has the responsibility of monitoring the contents of broadcasting and the conduct of broadcast stations to ensure compliance with the Nigeria Broadcasting Code and other extant laws. It’s also responsible for coordinating the activities of the 10 zonal offices and the 25 state offices spread across the nation.
DIRECTORATE OF INVESTIGATION AND ENFORCEMENT
The Directorate has the responsibility of investigating complaints emanating from the contents and conduct of broadcast stations and enforcing sanctions for non-compliance with the NBC Act, the Nigeria Broadcasting Code and other extant laws. It is also responsible for arbitrating on all matters between and among stations, stations and individuals or stations and corporate bodies.
DIRECTORATE OF BROADCAST POLICY & RESEARCH
The Directorate is responsible for the national spread of broadcasting and universal access; Research studies; information and publications and documentations of the Commission’s findings and policyissues, international Relations(content) in addition to coordinating the review and production of the Nigeria Broadcasting Code, conducting quarterly analysis of monitoring reports, preparing NBC Annual Report and Year planner.
DIRECTORATE OF HUMAN RESOURCES & ADMINISTRATION
The Human Resources & Administration Directorate is responsible for Personnel and Administrative matters.
DIRECTORATE OF FINANCE & ACCOUNTS
The Directorate is responsible for financial services and records, budgeting and revenue.
NBC ZONAL STRUCTURES
The Commission has ten zonal offices for effective monitoring and regulation of broadcasting. Each zone is headed by a Zonal Director and the offices are located in:
NBC STATE OFFICES
In addition to the zonal offices, there are twenty five state offices. By the NBC policy, no broadcast station should be more than two hours drive away from the NBC zonal office. Where this occurs, the Commission has in place a State office for effective monitoring and station audit. The Commission has existing State Offices in:
- Abeokuta Owerri
- Akure Port-Harcourt
- Auchi Sapele
- Bauchi Umuahia
- Calabar Warri
- Birnin-Kebbi Yenagoa
- Gombe Yola
- Ilorin Zamfara
The unit is responsible for coordinating all preparations for the hosting of Africast while serving as a data bank and eventually a research outlet to broadcast trends and developments e.t.c across the African continent.
THE COMMISSION’S STAKEHOLDERS
- Licensees (Broadcast stations, Broadcast Signal Distributors, etc)
- Prospective licensees
- Listening and viewing public
- Equipment manufacturers, Vendors and dealers.
- Academic Institutions
- Other regulatory Agencies like the NCC, NFVCB, NIMASA etc.
KEY SERVICES RENDERED BY THE COMMISSION, STANDARDS, REQUIREMENTS, COST AND TIMELINES
- Receiving, processing and considering applications for the
establishment, ownership or operation of radio and television stations and any other medium of broadcasting. Recommending applications through the Minister to the President, for the grant of radio and television licences.
CATEGORIES OF BROADCAST LICENCE
The Commission shall receive, process and consider applications for the grant of broadcast Licence in the following categories:
- Satellite Broadcast; Subscription DTH (Audio and Video)
- Cable Television Subscription
- Community (Radio and Television)
- Network (Radio and Television)
- FM Radio Broadcasting
- Internet Broadcasting
- Digital Multimedia Content Aggregation (Video, Audio or interactive media services)
- Broadcast Signal Distribution
- Digital Terrestrial (Free-To-Air) TV
- Direct Channel or Content Broadcast (Satellite, Digital Terrestrial Television or Over the Top)
- Mobile/Handheld (DVB-H)
- Digital Subscription Television
CATEGORIES OF BROADCAST PERMIT
The Commission shall receive, process and consider applications for the grant of broadcast permit in the following categories.
- Broadcast equipment dealership (Wholesale or retail)
- Broadcast equipment manufacture
- Hotel signal redistribution (Audio and Video)
- Research on and testing of broadcast facilities
- Radio/TV Research, Survey and Rating Agencies
Persons or entities seeking to operate any of the services mentioned above shall apply for, and obtain a permit from the commission.
Any of the above permits shall be valid for a period of time as may be determined by the Commission.
An application for the renewal of any of the above permits shall be made to the Commission within a period to be determined by the Commission.
The above listed permits shall be obtained on payment of a fee prescribed by the Commission.
PROCEDURE FOR THE GRANT OF LICENCE
- A prospective Licensee writes a letter addressed to the Director General of the National Broadcasting Commission requesting for approval to purchase an application form indicating the category of licence and proposed location (this is to avoid a situation where an Application Form is purchased for a location where there are no frequencies or channels as the case may be).
- If the request is approved, the applicant would be required to purchase an Application Form from the Commission at the cost of Fifty Thousand Naira (N50,000) only for Commercial and Campus Broadcast Licence and Ten Thousand Naira(N10,000.00) only for Community Broadcast Licence. The method of payment shall be as contained in the approval letter. Duly completed application form for the grant of Broadcast Licence shall be submitted to the Commission along with the following:
- Copy of Certificate of Incorporation
- Certified true copy of the Company’s Memorandum and Articles of Association for Commercial broadcast licence, Constitution and incorporation forms for Community Broadcast Licence and the Law setting up the institution for Campus Licence State Law, evidence of licence by the relevant Body for private Institutions.
- An Engineering design of system including feasibility study
- A letter of undertaking in accordance with section 9 (I) (d) of the NBC Act, Cap. NII, Laws of the Federation, 2004.
- A letter of reference from the Company’s Bankers.
ELIGIBILTY TO APPLY FOR A BROADCAST LICENCE
- Registered Companies with the Corporate Affairs Commission
- Federal, State and Local Governments.
- Institutions of Higher Learning in Nigeria offering the following courses;
(i) Mass Communication
(ii) Computer Engineering, Information and Communication
(iii) Electrical /Electronic Engineering
(iv) Theatre Arts,
(v) Registered Organizations with the CAC in the case of Community
In considering an application for a broadcast licence under the NBC Act, the Commission must certify that the Applicant:
- Is a body corporate registered under the Companies and Allied Matters Act or a station owned, established or operated by the Federal, State or Local Government
- Can demonstrate to the satisfaction of the Commission that he is not applying on behalf of any foreign interest
- Can comply with the objectives of the National Mass Communication Policy as is applicable to the electronic media, that is radio and television
- Can give an undertaking that the station shall be used to promote National interest, unity and cohesion and that it shall not be used to offend the religious sensibilities or promote ethnicity, sectionalism, hatred and disaffection among the people.
- The grant of a licence by the Commission under this Act shall be subject to the availability of broadcast frequencies.
PROCESSING OF APPLICATION FORM
Processing of applications for the purchase of Broadcast Application Forms takes 21 working days with effect from the date of receipt of application.
Upon submission of duly completed Application forms, the Commission shall acknowledge receipt of the Application within 7 working days
The Commission shall within 6 months recommend duly completed Application Forms to the President, Commander-in-Chief through the Hon. Minister of Information & Culture for the grant of Radio and Television Broadcast Licence.
Approval for the grant of Terrestrial TV and Radio or Community Radio Licences is at the discretion of the President.
However, all Pay TV Licences which do not require Presidential approval are granted by the Commission.
After the licence is granted, the Government, Institution, Organization, Company (Licensee) would be required to pay a licence fee for an initial term of five years in the first instance, subject to renewal for a subsequent term of five years.
It is important to add that, Local Programming Content is key in the business of broadcasting in Nigeria.
To that effect, every licensee is required to adhere to a minimum of 70% local broadcast content while cable/satellite transmission stations are mandated to reflect a minimum of 40% local contents in their programming.
PERSONS DISQUALIFIED FROM THE GRANT OF A LICENCE
- Religious Organizations;
- Political Parties
- LICENCE RENEWAL
Application for renewal shall be made six (6) months to the expiration of the licence. The licensee shall furnish the Commission with the following;
- Evidence of compliance with the payment of fees, levies and penalties
- Evidence of regular and up-to-date submission of annual audited accounts and
- Evidence of payment of percentage of annual income.
The Commission shall respond to this within Thirty (30) working days.
The Commission shall issue licence renewal certificate after being satisfied that the Licensee has paid its licence fee and other statutory levies.
CONDITIONS FOR REVOCATION OF LICENCE.
- Where the prescribed fee has not been paid on the due date.
- Where the licence has not been put to use within a period of two years after issuance.
- Where it is found that the licence was obtained in breach of the provisions of Section 13 of the NBC Act or where it is found that the provisions of the said Section are not being complied with
- Where in the opinion of the Commission the station has been used in a manner detrimental to national interest or where a complaint from the public has been upheld after a public hearing instituted by the Commission and whose decision is upheld by a majority of members of the Commission.
3 HANDLING OF COMPLAINTS & ARBITRATION
- In arbitration among licensees on issues such as copyright, franchise agreement, syndication, provision of content e.t.c, the Commission shall respond within 21 working days, but in arbitration involving third parties where Nigerian courts may be involved, it will be at the discretion of the courts.
- A member of the public who feels aggrieved by a broadcast from a station should first make a written complaint to the station and may wish to copy the Director General of the Commission through the Zonal Director nearest to him. Where this is done, the complainant should inform the Commission of any resolution. The onus is on the complainant to employ faster means of communication to convey his/her grievances. If however, no response on the complaints is received by the Commission in 5 working days, the Commission shall take appropriate action.
For the avoidance of doubt and for the public to access this service
mentioned in (2) above, the format below will apply.
GRIEVIANCE MECHANISM AND HOW THE PUBLIC CAN ACCESS IT
The business of broadcasting and its entire operations in Nigeria are premised on the Constitution of the Federal Republic of Nigeria, the National Broadcasting Commission Act, Cap N11, Laws of the Federation of Nigeria, 2004, the Nigeria Broadcasting Code and other regulations that the Commission may come up with as may be required from time to time. The contravention of any of such laws or ethics of practice may constitute a grievance among stations, stations and individuals or stations and corporations.
Therefore each station shall be made to adhere to the Nigeria Broadcasting Code through:
- Daily monitoring by the Commission; and
- Observations and complaints made to the Commission by individuals, groups, broadcast station or a corporate body.
All complaints and observations about breaches of the code shall be in written or recorded form, and shall contain, amongst others; the following:
- The name of the station
- The title of the programme
- The day and date of the broadcast
- The time of the broadcast
- The essence of the complaint or observation such as the absence of fairness, obscenity, technical shortcoming, e.t.c
It is however, the responsibility of the station to display visibly a public service notice of acceptable service standards including the station’s service charter.
People with special needs or those with various forms of disabilities can lodge their complaint through the help of somebody.
Requirement: An aggrieved person, individual or body corporate may forward a copy of a formal written complaint and if possible a recording of the offensive broadcast content to any of the following addresses:
- The Director General
National Broadcasting Commission
20, Ibrahim Taiwo Street
P.M.B 5747, Garki