SECTOR 3 3.1 Broadcasting legislation is passed and is implemented, and provides for a conducive environment for public, commercial and community broadcasting The NBC Act was passed in 1992 and amended in 1999. Among other things, the NBC receives, processes and considers applications for the establishment, ownership and operation of radio and television stations; and recommends applications through the Minister of Information to the president for the granting of radio and television licences. It also upholds the principles of equity and fairness in broadcasting. In 1993, the NBC published the Nigeria Broadcasting Code, which it said, ‘shall be applied in the spirit as well as the letter, in accordance with the professional ideals of broadcasting’. The Code outlines various licensing categories, namely: networking, affiliations, syndication, satellite broadcasting (local, regional and global), free to air radio spectrum band, free to air television (terrestrial), cable satellite/cable/retransmission/MMDS, direct broadcast satellite (Direct-to-home and Direct-to-dish), community broadcasting, wireless programme distribution, equipment dealership and manufacturing.20 A draft of the 6th edition of the code (last reviewed in 2012) recognises and defines community broadcasting as community-based with programming that caters to communal needs and is ‘owned and controlled by the community through a trusteeship or foundation with a Board of Trustees’. Campus and rural broadcasting are categorised as two forms of community broadcasting.21 Under NBC regulation, a diverse broadcasting landscape has emerged with a mix of public, private and community outlets. Panellists said despite this apparent success, many terrestrial broadcasters were migrating to satellite broadcasting to bypass licence limitations on bandwidth and geographic reach. Signal distributors DStv and StarTime have become the main means through which citizens access television, with the shrinking offer of free to air services. Operators have also found ways to circumvent the law. Faith-based organisations that are banned from the broadcast sector either buy up airtime or use fronts to obtain broadcasting licences. In some instances, panellists claimed that community radios are not truly community owned as required by law, but run by individuals through bogus committees. Campus radios, which are considered community radios, are said to be run by university management with little or no participation of the student communities that they serve. Panellists felt that licensing fees were high and restrictive at N15 million (US$41,506) for commercial broadcasters (potentially rising to N20 to N25 million 20 NBC (2002). Nigeria Broadcasting Code. Available online at https://www.nbc.gov.ng/uploads/nbc_documents/1466685527code%20third%20edition.pdf. Last accessed on 07 Aug. 2019. 21 NBC (2016) Nigerian Broadcasting Code (6th Edition, Draft). Available online at https://www.nbc.gov.ng/uploads/nbc_ documents/1494416213-NBC%20Code%206TH%20EDITION.pdf. Last accessed on 15 August 2019. 37 AFRICAN MEDIA BAROMETER NIGERIA 2019