ITRealms:
The Nigerian Communications Commission (NCSS) has endorsed
the transfer of 100 per cent shareholding in Visafone Communications Limited to
MTN Communications Nigeria Limited, exclusive of “licence,” reports ITRealms.
Chuks Egbune/GEE
NCC also said that decision on the possibility of Visafone
license transfer to MTN is yet to be taken.
“What has been approved in the transaction is 100% shareholding not
licence,” according the Director, Public Affairs at NCC, Mr. Tony Ojobo.
He said this decision was taken by virtue of Section 38 of
the Nigerian Communications Act (NCA) 2003, explaining that Section 38 of the
Act states inter alia “the grant of a licence shall be personal to the licencee
and the licence shall not be operated by assigned, sub-licenced or transferred
to any other party unless the prior written approval of the Commission has been
granted.”
He said this is contrary to the speculation in a section of
the media that the Nigerian Communications Commission (NCC) the regulatory
agency for telecommunication had foreclosed the release of the spectrum held by
Visafone to MTN.
Pointing out that this clarification has become necessary in
order to allay the fears in some quarters that the frequency had been withheld
by the Commission.
“The Commission is yet to meet to take a decision on the
application by Visafone to transfer its licence to MTN. The NCC has only approved the shareholding
structure by 100% and not transfer of licence,” Ojobo declared.
He further explained that Visafone Communications Limited
with a Universal Access Service Licence (UASL) – deploying Code Division
Multiple Access (CDMA) technology applied to the NCC for an approval to effect
a change in its shareholding structure by transferring 100% of its shares to
MTN Nigeria.
According to him, having met all the preliminary
requirements for grant of approval for change in shareholding structure, the
NCC in line with its established procedure granted an Approval-In-Principle to
Visafone Communications Limited, subject to fulfilment of conditions to
transfer 100 per cent of its shares to MTN Nigeria.
“Having fulfilled the conditions stipulated in the
“Approval-In-Principle”, the NCC, in line with its procedure granted a
“Final-Approval” to Visafone for the change in its shareholding structure,” he
said.
Pointing out that although Visafone applied for approval to
transfer its licence to MTN, the Commission has written to Visafone, clearly
stating that a decision was yet to be taken on the transfer of Visafone licence
to MTN.
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