The National Communications Authority (NCA) presents the implementation of a new ICT licensing framework in pursuit of its mandate as the supervisor of the communication services in the Federal Republic of Somalia. The new licensing framework is guided by the National Communications Law of 2017, which confers powers to issue licenses for the provision and operation of communications infrastructure and services within the borders of the Federal Republic of Somalia to the NCA. The main relevant specific provisions in the Communications Law are in Articles 3(1) and 41(1). The Communication Law also stipulates in Article 2(2a) that one of the main objectives of the Law is the facilitation and unification of communications services.
The new Licensing Framework ensures flexibility and efficiency of utilization of resources keeping in mind the technological developments, easy market entry and level playing field and fair competition.
Unified Licensing Framework
Under the New Licensing Framework, there are two key types of licenses:
- Individual license requires a high degree of regulatory control which is for a specified person to conduct a specified activity and may include special conditions; and
- Class license is a 'light-handed' form of regulation which is designed to promote industry growth and development with easy market access.
| License | Types of License |
|---|---|
| Individual |
|
| Class |
|
Licensing Requirements
The licensing process starts with the submission of a fully completed application form. Application forms are available for download at the License Application section of the website: www.nca.gov.so/en/license.
Within the form, details of the minimum requirements for acceptance of an application for each type of License and applicable fees are available. Generally, all applicants for Licenses should meet the following conditions:
- The entity should provide valid registration certificate as a company with Ministry Commerce and Industries
- Have fully registered office and physical address in Somalia
- Provide Evidence of Tax Compliance
- Provide Company Profile, including the management structure
Application Procedures
An applicant who wishes to apply to any category of licenses, which require an individual license, will have to submit the following to NCA:
- A duly completed Form A together with an application fee as stipulated in (Annex 1);
- Details as per the checklist attached (Annex 2); and
- Such additional information or documents as may be requested by NCA to be submitted within a stipulated timeline. Failure to submit within the stipulated timeline given shall result in the application being withdrawn without affecting the right of the applicant to make a fresh application.
An applicant who wishes to renew its individual license will have to submit the following to NCA before one year of expiry of its license:
- A completed Form A together with an application fee as stipulated in Annex 1;
- Details as per checklist attached (Annex 2);
- Such additional information or documents as may be requested by NCA to be submitted within a stipulated timeline. Failure to submit within the stipulated timeline given shall result in the application being withdrawn without affecting the right of the applicant to make a fresh application.
- NCA will complete processing license application within Forty Five (45) working days of receipt of all relevant and complete information from the applicant. If the application fulfils all the requirements, the NCA will grant the application.
- If NCA rejects the application, the applicant will be informed of the rejection in writing and reasons for the rejection.
An applicant who wishes to provide network facilities and/or, network service and/or applications service or content applications service which are subject to a class license will have to submit the following to NCA:
- Two copies of the duly completed Form B;
- An application fee as stipulated in annex 1;
- Such additional information or document as may be requested by NCA.
NCA will process renewal of class licensees within seven (7) working days and process new class license applications within fourteen (14) working days from the date of receipt of all relevant and complete information from the applicant.
Information Required for License Application
New Individual License Application
- Area of coverage
- Target Market
- Description of Activity
- Type of technology
- Proposed technical and services rollout
- Feasibility
Renewal of Individual license Application
- Licenses will be renewed as per the National Communications Law Article 46
Post-Licensing Issues
- The licensee shall comply with the License Regulation, terms and conditions of each license.
- If NCA approves an application for a Licensee, the Licensee shall commence providing services within a period of twelve (12) months from the date of issuance of the License.
- All electronic communications systems/equipment must be type approved by NCA before they are activated.
- Applicants are encouraged to familiarize themselves with licensing terms and conditions available on the Licensing Section of the website.
Contacting NCA
More information on the above may be obtained by contacting:
Licensing Department
National Communications Authority
P.O.Box 55, BN 03010
Mogadishu, Somalia
Email: [email protected]