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ARRANGEMENT OF REGULATIONS
Regulation
I. Activation
of Subscriber Identity Module
2.
Registration of Subscriber
Identity Module
3.
Change
in subscriber information
4.
Use of
subscriber information
5.
Non-disclosure of subscriber
information
6.Subscriber
Identity Module record of
roaming service 1. Quality and
standard of Subscriber Identity
Module
7.
Directives
8.
Transitional provision
9.
Interpretation
SUBSCRIBER
IDENTITY MODULE REGISTRATION
REGULATIONS, 2011
IN exercise
of the power conferred on the
Minister responsible for
Communications, by section 97 of
the Electronic Communications
Act, 2008 (Act 775), and acting
on the advice of the Authority,
these Regulations are made this
24th day of November, 2011.
Activation
of Subscriber Identity Module
1. (1) A
network operator or service
provider shall not activate a
Subscriber Identity Module for
a subscriber, unless the
subscriber,
(a)
completes registration of the
Subscriber Identity Module in
accordance with these
Regulations; and
(b)
complies with the directives
given by the Authority under the
Act and the National
Communications Authority Act,
2008 (Act 769) on the
registration of the
SubscriberIdentity Module.
(2) A network
operator or service provider who
contravenes subregulation (1)
commits an offence and is liable
on summary conviction to a fine
of
(a)
two thousand penalty units, and
(b)
one thousand penalty units for
each day the offence continues.
Registration of Subscriber
Identity Module
2. (1)
A network operator or service
provider shall register a
Subscriber Identity Module of a
subscriber.
(2) A
subscriber shall, for the
purpose of the registration of
the Subscriber Identity Module
of that subscriber, furnish the
network operator or service
provider with the following
information:
(a)
the name and residential or
occupational address of the
subscriber,
(b)
the date of
(i) birth, in
the case of an individual;
(ii)
incorporation, in the case of a
body corporate; or (iii)
registration, in the case of a
partnership or an unincorporated
body of persons; and (c)
an identification document.
(3) A network operator or
service provider shall not
request information on the
spouse or child of a subscriber
for the purpose of the
registration of the Subscriber
Identity Module.
(4) Where a
registered subscriber assigns a
Subscriber Identity Module to an
individual, that registered
subscriber shall
(a) provide the network
operator or service provider
with the registration
particulars specified in
subregulation (2) in respect of
the person to whom the
registered Subscriber Identity
Module is assigned at a
particular time, and
(b) give notice in writing
within seven working days to the
network operator or service
provider of the date the
assignee ceased the usage of
that Subscriber Identity Module.
(5) On
receipt of the Subscriber
Identity Module, the assignee
shall give notice in writing to
the network operator or service
provider of the receipt of the
Subscriber Identity Module
assigned.
(6) Where a
subscriber and the assignee have
complied with subregulations (4)
and (5) respectively, a person
to whom a Subscriber Identity
Module is assigned is deemed to
be responsible for any use to
which the Subscriber Identity
Module is put.
(7) A network
operator or service provider
shall establish and maintain a
system for the registration of a
Subscriber Identity Module
without any charge to the
subscriber.
(8) For the
purpose of this regulation,
"assignee" means the person to
whom a registered subscriber
assigns a Subscriber Identity
Module.
Change in
subscriber information
3.
Where there is a change in the
information used by a subscriber
to register a Subscriber
Identity Module, that subscriber
shall notify the network
operator or service provider of
the change.
Use of
subscriber information
4. (1)
A network operator or service
provider shall not use the
information of a subscriber for
a purpose inconsistent with
these Regulations or any other
law.
(2) A network
operator or service provider who
contravenes subregulation (1)
commits an offence and is liable
on summary conviction to a fine
of not more than two thousand
penalty units.
(3) A network
operator or service provider
shall not request information
on the spouse or child of a
subscriber for the purpose of
the registration of the
Subscriber Identity Module.
(4) Where a
registered subscriber assigns a
Subscriber Identity Module to an
individual, that registered
subscriber shall
(a) provide the network
operator or service provider
with the registration
particulars specified in
subregulation (2) in respect of
the person to whom the
registered Subscriber Identity
Module is assigned at a
particular time, and
(b) give notice in writing
within seven working days to the
network operator or service
provider of the date the
assignee ceased the usage of
that Subscriber Identity Module.
(5) On
receipt of the Subscriber
Identity Module, the assignee
shall give notice in writing to
the network operator or service
provider of the receipt of the
Subscriber Identity Module
assigned.
(6) Where a
subscriber and the assignee have
complied with subregulations (4)
and (5) respectively, a person
to whom a Subscriber Identity
Module is assigned is deemed to
be responsible for any use to
which the Subscriber Identity
Module is put.
(7) A network
operator or service provider
shall establish and maintain a
system for the registration of a
Subscriber Identity Module
without any charge to the
subscriber.
(8) For the
purpose of this regulation,
"assignee" means the person to
whom a registered subscriber
assigns a Subscriber Identity
Module.
Change in
subscriber information
3.
Where there is a change in the
information used by a subscriber
to register a Subscriber
Identity Module, that subscriber
shall notify the network
operator or service provider of
the change.
Use of
subscriber information
4. (1)
A network operator or service
provider shall not use the
information of a subscriber for
a purpose inconsistent with
these Regulations or any other
law.
(2) A network
operator or service provider who
contravenes subregulation (1)
commits an offence and is liable
on summary conviction to a fine
of not more than two thousand
penalty units.
Non-disclosure
of subscriber information
5. (1)
A network operator or service
provider or an employee or agent
of a network operator or service
provider shall not disclose the
information of a registered
subscriber.
(2) Despite
subregulation (1), a network
operator or service provider
(a)
may disclose the information of
a registered subscriber to a
third party for direct marketing
purposes if that network
operator or service provider has
the prior written consent of
that subscriber; or
(b)
shall disclose the information
of a registered subscriber if
the network operator or service
provider is ordered by a court
or authorised under any other
law to disclose the
information.
(3) A network
operator or service provider
shall create an avenue for the
registered subscriber, who
consents to the release of that
subscriber's information to a
third party for direct
marketing, to opt out of that
direct marketing by sending a
text message to a prescribed
code of the network operator or
service provider.
Subscriber
Identity Module record of
roaming service
6. (1)
A network operator or service
provider that provides
international roaming service
in the country to a subscriber
from another country shall enter
into an agreement with the
network operator or service
provider of that subscriber.
(2) The
agreement shall provide for the
particulars of the subscriber in
the records of the network
operator or service provider
during the period that the
subscriber uses the Subscriber
Identity Module in the country.
Quality
and standard of Subscriber
Identity Module
7. A network
operator or service provider
shall ensure that its
Subscriber Identity Module
conforms to the quality and
standard set by the Authority.
Directives
8. The
Authority may issue directives
pursuant to the Act on matters
related to the registration of a
Subscriber Identity Module.
Transitional
provision
I). (I) A
network operator or service
provider shall, on the
expiration of the thirtieth day
after the commencement of these
Regulations, disconnect a
subscriber whose Subscriber
Identity Module is not
registered in accordance with
these Regulations.
(2) A network
operator or service provider who
contravenes subregulation (1)
commits an offence and is liable
on summary conviction to a fine
of
(a)
two thousand penalty units, and
(b)
one thousand penalty units for
each day the offence continues.
Interpretation
10. In
these Regulations unless the
context otherwise requires,
"direct
marketing" means a form of
advertising that allows
communication to a subscriber
using an advertising technique
including mobile messaging,
email, interactive consumer
website, online display
advertisement, a flier,
catalogue distribution,
promotional letter or outdoor
advertising;
"identification document"
(a)
for a citizen, includes
(i) a valid driver's
licence;
(ii) a valid
national health insurance
identification card
(iii) a valid
passport;
(iv) a valid
voter identification card; (v) a
valid national identity card; or
(v) any other valid form of
identification document the
Authority may determine by
publication in the Gazette
and a daily newspaper of
national circulation;
(b) for a non-citizen, means
a valid passport or other travel
document; and
(c) for a corporate body,
means a certificate of
incorporation;
"roaming
service" means a service
provided by a person licensed by
the Authority which enables a
subscriber to
use a subscribed and registered
mobile number for a service
provided by a networ operator or
service provider in a territory
outside the country;
"spouse"
includes multiple spouses in a
polygynous marriage;
"subscriber" means a person who
contracts with a network
operator or service provider to
acquire a Subscriber Identity
Module for use; and
"Subscriber
Identity Module"
(a) means a subscriber
identification device that
securely stores a
service-subscriber key which is
used to identify a subscriber on
a mobile telephony device, and
(b) includes a mobile
phone, computer and other
similar device.
HARUNA
IDDRISU M.P.
Minister
responsible for Communications
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