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How NCA can revoke licenses under Electronic Communications Act

Graphic.com.gh Aug - 05 - 2025 , 07:29 3 minutes read

The Electronic Communications Regulations, 2011 (L.I. 1991) in Ghana outline the procedures and grounds for the suspension or revocation of licences issued by the National Communications Authority (NCA).

A licence can be suspended or revoked if the licensee fails to meet the requirements, conditions, or restrictions under which the licence was granted.

The NCA must notify the licensee of its intention to suspend or revoke the licence, provide a description of the alleged breach, and allow the licensee to respond and potentially remedy the breach.

Specific Grounds for Revocation:

Failure to meet licence conditions:

The NCA can suspend or revoke a licence if the licensee doesn't adhere to the terms, conditions, or restrictions specified in the license.

Failure to pay fees:

Specifically, a Class II licence can be terminated for failure to pay annual license fees or annual fixed charges for radio frequency use for two consecutive calendar years.

Failure to provide service:

A Class II license can also be terminated for failing to provide the licensed service for three consecutive months without authorization.

Expiration of the license:

A Class II license terminates upon its expiration.

2008

Other violations:

The Electronic Communications Act, 2008 (Act 775) and the Electronic Communications Regulations, 2011, also outline other violations that can lead to revocation, such as operating without a valid authorization or failing to meet the requirements of Regulation 54 of the Electronic Communications Regulations, 2011.

The NCA of Ghana can suspend or revoke licenses and frequency authorisations for various reasons, including failure to comply with the Electronic Communications Act, regulations, or license terms, or for failing to comply with lawful directives from the NCA.

This can include situations where a licensee is in default of payments or has ceased operations. The NCA must provide adequate notice and an opportunity for the licensee to respond before taking such action.

Grounds for Suspension or Revocation:

Non-compliance: Failure to comply with the NCA Act, Electronic Communications Regulations, or the terms and conditions of a license or authorization.
Failure to comply with lawful directives: Not following instructions or orders issued by the NCA.
Financial default: Failure to pay required fees or other monies owed to the NCA.
Ceasing operations: If a licensee is dissolved, goes into liquidation, or stops providing the licensed service.

Process for Suspension:

Notice:
The NCA must provide written notice to the licensee, specifying the grounds for suspension and the opportunity to respond.
Opportunity to Respond:
The licensee must be given a reasonable opportunity to remedy the breach or present a written statement of objections to the proposed suspension.
Review:
The NCA must consider the licensee's response and any objections before making a decision.