NCAA vs Telcos: Who blinks first?

The recent threat against telecoms infrastructure by the government agency in charge of aviation is currently unsettling the industry. While regulator insists on the demolition of masts as sanction, the telcos are also unyielding, leaving government’s intervention as the only window for resolution. SAMSON AKINTARO reports

In less than 30 days from now, about 700 base transceiver stations (BTS) would be destroyed if the Nigerian Civil Aviation Authority (NCAA) goes ahead with its threat against the telecoms infrastructure. This means that some areas and some people in the country would be thrown into service blackout. But more worrisome is the problem of multiple-taxation and multiple regulations rearing its ugly head again and again in the telecommunications sector.

According to the aviation regulator, the telcos must remove their masts erected close to the nation’s airports or risk seeing them demolished. Curiously, while the planned demolition is originally premised on non-payment of Aviation Height Clearance (AHC) fee, NCAA noted that the masts are obstructing flight safety and can cause accidents if not removed. This goes to confirm the claim by telecom stakeholders that the regulator’s action is purely driven by revenue generation as opposed to aviation safety.

NCAA’s claim

A statement by Sam Adurogboye, the General Manager, Public Affairs, NCAA, stated that the regulatory body had written to the different GSM operators, to remove the masts, but they blatantly refused to do so. Adurogboye also said the companies failed 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.

He insisted that under the Civil Aviation Act, 2006, Section 30 (3) (1), NCAA is empowered to prohibit and regulate the installation of any structure, which by virtue of its height or position is considered to endanger the safety of air navigation.

Telcos’ position

Obviously frustrated by not only the demand from NCAA, but also several other of such demand coming from different government agencies in recent time, the telecom operators said they were unfazed by the threat. For them, the agency would only throw Nigerians into service blackout, as they would not make any attempt to rebuild any mast that is shut down.

Speaking on behalf of the telcos, the Chairman, Association of Licensed Telecoms Operators of Nigeria (ALTON) Gbenga Adebayo, said NCAA would only create problem in the telecoms sector if it goes ahead with the threat. “I am still shocked to read in the papers threat by NCAA to shut down 700 masts. This is an agency that we met with a few weeks ago to discuss issues over their demand for renewal of aviation height fee, which is supposed to be one-off. A joint committee was set up to review the issues.
“In the first place, NCAA measures the height of masts before they are built and fees are paid for that, Adebayo explained. “When they are now requesting renewal fee for another validation, do the masts grow in height and have become taller than they were before?

“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.

The crux

While the telcos had over the years complained about multiple taxation and multiple regulations in the sector, the demand for renewal of AHC by NCAA is seen as one of many disincentives to telecommunications business in the country. The demand had prompted ALTON, the umbrella body of MNOs, to hold an emergency meeting with the NCAA management last February. Speaking on the meeting with NCAA over the demands, the Executive Secretary of ALTON, Mr Gbolahan Awonuga, said though the meeting was to seek clarifications on the charges, it became clear after that the problem of multiple regulation and multiple taxation in the telecom sector was getting more complicated. While noting that there was no face-off between the telecom body and NCAA, he said the telcos are responsible corporate citizens of the country and natural partners in progress and would always follow due processes.

“What we are witnessing today is that most of the regulatory bodies have left the regulatory functions and now turn to revenue generating bodies and this brings about multiple taxation and regulation. Don’t forget that telecommunication operations is not isolated from the ecosystem, the cost of running business in Nigeria, especially telecoms is triple the cost of running same in Ghana and neighbouring countries. Almost all agencies of government are after telecommunications, why? We cannot afford to have crisis in the industry because we operate one network in all networks” he said.

Telecoms Regulator’s role

Industry watchers are of the view that the telecommunications regulator, Nigerian Communications Commission (NCC) has not done enough in the NCAA saga, noting that the Commission should have engaged with the aviation authority to make them understand the dire implications of their threat on telecommunications. According to them, the NCAA’s threat is not just about throwing the country into blackout, but a bad signal to potential foreign investors in the country’s telecoms sector. However, reacting to the aviation regulator’s threat, NCC’s Deputy Director of Technical Standards and Network Integrity, Bako Wakil, said the Commission would not condone any attack on telecoms infrastructure irrespective of the reasons given.

Last line

The NCAA’s threat would not only take Nigeria back to the pre-liberalisation era, but cripple businesses, security and social communications, if carried out. Consequently, industry stakeholders have called on the Federal Government to call its agency to order in the interest of the nation’s economy and security.

Wole Shadare