Base stations: IWG flays NCAA’s demand

An Industry Working Group (IWG) on multiple taxations has berated recent demand by the Nigeria Civil Aviation Authority (NCAA).

 The group set up seven years ago by Nigerian Communications (NCC) to address issues of multiple taxation in the sector, expressed worry that several government agencies in the country see telecoms as cash cow, hence various demands.

NCAA had last April threatened to demolish 7000 base stations over the failure of the mobile network operators to obtain the statutory Aviation Height Clearance (AHC) from NCAA, stressing that without AHC, all the masts and towers constitute danger to safety of air navigation. Although 30 days ultimatum issued by the aviation regulator had lapsed, it is yet to carry out the demolition.

 However, rising from its meeting, the IWG comprising key stakeholders in telecoms sector, noted that the demand for renewal of Aviation Height Clearance is discriminatory, as owners of high-rising buildings are not made to pay same.

The group resolved that the Association of Licensed Telecommunications Operators of Nigeria (ALTON), which is the umbrella body of the MNOs, should demand for evidence of payment of owners of high-rise buildings across the country with a view to strengthen its position against tax discrimination. ALTON was also urged to review all the NCAA laws to understand the position of the operators.

ALTON had earlier warned NCAA that its planned demolition of base stations would throw the country into black out, noting that the telcos would not repair any facility that is destroyed.

While arguing that the renewal fees being demanded was unnecessary, ALTON’s Chairman, Gbenga Adebayo said: “In the first place, NCAA measures the height of masts before they are built and fees are paid for that. When they are now requesting renewal fee for another validation, do the masts grow in height and have become taller than they were before?” Adebayo queried.

“So, if they say they will shut down the masts, let them go ahead and no telecom operator will rebuild any mast that is shut down. They will only throw the country into service blackout. This will also be at the expense of national security, when security agencies are unable to communicate,” he said.

 Adebayo added that issue like this was the reason the telcos have been clamouring for declaration of telecoms infrastructure as critical national infrastructure. “If there is such policy in place, someone will not just wake up to say he will shut down masts. In the days of NITEL, nobody dared touch a cable belonging to the telecom company, the person would go to jail,” he said.

 Former Executive Commissioner, Stakeholder Management at NCC, Mr. Sunday Dare, had also expressed dismay at the unilateral decision of the aviation regulator, arguing that the issue ought to have been addressed at inter-agency level instead of turning it to a media issue.

 He said: “The NCC immediately wrote the ONSA about the threat of demolition by the NCAA. The Commission takes this renewed attempt to carry out the demolition very seriously and will activate all necessary and legal means to forestall it.

 “NCC expects that at the minimum, the NCCA would relate directly with the Commission, as the regulator on this matter in the spirit of government inter-agency collaboration towards some sort of arbitration and resolution. To have chosen to make the matter a media issue suggests some kind of subtle ambush against the operators.” According to him, the NCAA would unduly expose the country to national security risk, as its action would trigger communication blackout while financial institutions, which automated teller machines (ATMs) depend on the telecoms towers would not be able to function.

 “The path the NCCA is towing is not in the best interest of the country as the proposed demolition will have serious security implications. Thousands of subscribers will lose connectivity, bank ATMs will shut down and critical equipment leveraging telecom infrastructure will no longer function,” Dare said.

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Wole Shadare