Radio spectrum is one of Nigeria’s most valuable natural resources due to its direct applications in telecommunications, broadcasting, military operations and scientific research, as well as various other socio-economic activities such as social services, law enforcement, education, health, and transport. by the way.
To ensure that radio spectrum is adequately deployed and utilized for the overall benefit of the nation, the Nigerian Communications Commission (NCC), which is the regulator of the Information and Communication Technology (ICT) sector in Nigeria, is charged with the responsibility of developing and adopt policies in line with policy objectives that will ensure that this scarce resource is well managed in its area of responsibility.
Among the objectives of the Commission are to control and promote the use of radio frequency spectrum as a tool for the development of telecommunications, which is a basic infrastructure to stimulate the economic growth and social development of the nation and to promote competition in the allocation of frequencies in order to provide innovative and efficient use of radio frequency spectrum (as a scarce resource).
Others are to achieve optimal spectrum pricing to discourage wastage or speculative acquisition of the scarce resource; to generate moderate revenue for the government and to ensure fair and equitable distribution of spectrum for the benefit of maximum number of users.
What the law says
The Nigerian Communications Act (NCA 2003), Section VIII (Part 1, Allocation of Spectrum), also empowered the NCC to be the sole and exclusive authority to manage and administer the spectrum for the communications sector and in this regard to grant licenses for and regulate the use of said frequency spectrum.
Under the 2003 Act, no person must intentionally transmit in any part of the spectrum to provide a service unless the person holds a frequency license issued to them by the regulator.
The law also states that a person who violates a prohibition commits an offense and, on conviction, is liable to a fine not less than the original license fee; a fine of up to 10 times the initial fee for the relevant license; imprisonment for a term not exceeding one year or both fine and imprisonment.
Upon conviction, the person forfeits to the commission and the property, facilities, equipment and equipment used by him to provide the service.
In exercising this power, the NCC has over the years approved the use of several frequency bands, including 67 KHz, which covers the frequency band 6765-6795 KHz; 13 MHz frequency band, which covers the 13.553-13.567 MHz band; 27MHz bandwidth which covers 26.957-27.283 MHz band; 40 MHz frequency band which covers 40.66-40.70 MHz band; and the 2.4 GHz frequency band, which covers the 2.400-2.500 GHz band.
Limiting illegal practices
In recent times, however, the NCC has attracted some operators who are transmitting telecommunication signals in the available 5.4 GHz frequency band without being licensed to operate the same.
Recall that in 2019, the Commission issued warning notices to some companies for unauthorized transmission in the 5.4 GHz band, ordering them to vacate the band on or before March 10, 2019.
In exercise of its powers, the Commission for example carried out enforcement action against the illegal use of 5.4 GHz in Kano on 12 March 2019 and in Lagos on 26 March 2019 respectively to verify the claims of the companies/operators.
The NCC in a press statement disclosed that “the companies visited in Kano have left the 5.4 GHz frequency band which is causing interference. Enforcement was carried out against three companies found to have committed an offense in Lagos following the enforcement exercise undertaken for this purpose.
“The recovered items included 2 SDR radio antennas and 2 Power over Ethernet (PoE) power packs in the operation and thus enabled the offending radios to be successfully shut down.”
Not resting on its laurels, on January 8, 2024, the Commission issued a 14-day enforcement notice ordering all illegal operators transmitting telecommunication signals in the available 5.4 GHz frequency band without being licensed to operate the same , to free up the 5.4 GHz band.
This comes amid the fact that there is a global shortage of spectrum and bandwidth used for network deployment and expansion in the telecom sector,
To this end, the NCC has declared the unauthorized use of the 5.4GHz band illegal and has vowed to penalize any errant operator involved in such an act. 5.4GHz frequency band.
Some frequency band ranges that are approved for use by the NCC include: 67 KHz band, which covers the 6765-6795 KHz band; 13 MHz frequency band, which covers the 13.553-13.567 MHz band; 27MHz bandwidth which covers 26.957-27.283 MHz band; 40 MHz frequency band which covers 40.66-40.70 MHz band; and the 2.4 GHz frequency band, which covers the 2.400-2.500 GHz band.
In implementing the NCA 2003, the commission warned that severe penalties, which could lead to imprisonment and confiscation of equipment used to provide such illegal services, would be imposed on all telecommunications service providers, private-public organizations and individuals , using the 5.4 GHz frequency band without a frequency license obtained from the commission.
The statement signed by the Director of Public Relations at the NCC, Mr Reuben Muoka, read in part: “The Nigerian Communications Commission (NCC) informs operators, private/public organizations and the public that the 5.4 GHz frequency band covering 5.430 – 5.725 GHz band is a licensed frequency in Nigeria. Therefore, the transmission of signals or the use of equipment in any form in this band without a frequency license obtained from the commission is illegal. All telecommunication service providers, private/public organizations or any person(s) using this frequency band anywhere across the country should note that under Section 122 of the Nigerian Communications Act (NCA 2003), it is criminal an offense to operate on any frequency not duly determined by the commission.
“The consequences of such an act can lead to imprisonment, sanction and confiscation of the equipment used to perform the illegal services.” In view of the above, the Commission hereby issues a 14-day enforcement notice to all unlicensed operators in the 5.4 GHz frequency band covering 5.430 725 GHz to immediately vacate and desist from further transmission of signals or use of equipment in any form on the tape without permission obtained from NCC.’
Based on the enforcement notice, the NCC stated that without further appeal and upon expiry of the specified deadline, appropriate enforcement action will be initiated, including but not limited to prosecution, fine and confiscation of equipment used in the illegal transfer of services.
The telecom regulator has advised all telecom operators to familiarize themselves with the detailed regulatory provision for deployment of services across the 5 GHz band as contained in the Guidelines for Deployment of Broadband Services in the 5.2-5.9 GHz Band.
Stakeholder reaction
Although this new directive may affect operators in the Nigerian ICT sector, critical stakeholders have however applauded the move by the NCC.
According to them, the 5.4GHz band is one of the latest frequencies approved by the NCC and as such operators are not using it for what it is intended for which is not allowed.
“Frequencies are well regulated because they are universal. It is not just for Nigeria. There are guidelines for using the frequencies. These operators are not using it for what it was designed for, which is why the NCC is going after them. We commend the NCC for this move as we try to ensure that we adhere to the best international practices in the field of telecommunications,” they stated.
Comments are closed.