ATCON cautions against external interference on NCC’s independence

Association of telecommunication Companies of Nigeria (ATCON) has caution against external interference on the function of Nigerian Communications Commission (NCC) tailored at eroding its independence contrary to the spirit and letters of Telecoms Act 2003 establishing the commission.

Engineer Lanre Ajayi, ATCON’s President, raised the alarm in a speech presented during the Association’s meeting with NCC management in Abuja recently, adding that that Decree 75 of 1992 deregulated the telecoms industry led to the emergence of some private telecoms companies but it did not lead to remarkable growth of the telecoms industry until after the enactment of Telecoms Act 2003 which granted NCC independence that kept its operation away from political interference.

“The immediate result was a transparent auction of the GSM spectrum contrary to the earlier practice of issuing out license based on patronage.

“The independence of NCC has led to an unimaginable transformation of the sector.

“Regrettably, in recent times, NCC is being robbed of the independence contrary to the spirit and letters of Telecoms Act 2003. This became more manifest when the issue of MTN fine arose, as some other organs of Government virtually took over the responsibility of NCC. We consider this trend ominous and call on NCC to take charge of its responsibilities and exert its power as guaranteed under the law.

Ajayi, while expressing appreciating  the management of NCC for creating the opportunity for ATCON delegation’s visit, presented some issues confronting the Association which  include broadband plan &implementation, National Critical Infrastructure, and MTN fine.

Commenting on Broadband plan, he said, “We have noticed with regret the poor implementation of the National Broadband plan. The plan which aims to increase broadband penetration in Nigeria from 6% in 2013 to 30% in 2018 has only been able to increase penetration to 10% in 2016. We noticed that most of the timelines are not met and there is general poor supervision of the plan implementation. We call for the strengthening of the National Broadband Council and an accelerated action on the implementation of the plan.

“National Critical Infrastructure – We are delighted by the recent passage and signing into law the cybersecurity act, which takes into consideration the issue of protection of National Critical Infrastructure which ATCON has been clamouring for. We however noticed the non implementation of the Act, which is supposed to commence with the inauguration of the National Cybersecurity council.  We call for immediate inauguration of this council and an accelerated implementation of the Act to protect the investment of members and facilitate improvement in the quality of service of telecoms services in Nigeria

“MTN Fine – We would like to use this opportunity to express our concern about the handling of the fine given to MTN in respect of non compliance to regulation on SIM card registration. We would like to remind the commission that the idea of introducing SIM card registration emanated from ATCON and was resisted by many when we suggested it. The regulation on SIM card registration may not have seen the light of the day if not for the persistent campaign by our then President, Dr Emmanuel Ekwuwem, who saw its importance in the prevention of national security breaches. We therefore believe we have a better understanding of the purpose of SIM card registration regulation and have moral right to intervene when the regulation is to be used for the purpose it was not intended for”.

He explained that the Association has been campaigning for the introduction of SIM card registration, “it was not our intention for it to be used to raise fund for Government. It was not our intention to use it as a tool to kill telecoms operators and it was not our intention to create a tool that can be used to destroy our industry.

“Our singular intention was to protect the environment where we do business even if it means initial loss of business to telecoms operators as a result of its potential to slow down uptake of telephone services by customers. We have watched with regret the poor handling of the issue, the politicization, remarks based on emotion and not on the objectives of the fine”.

He argued that while some see it as an opportunity to make quick money by offering all sorts of services, legal, lobbyist etc., some politicians and public officers see it as an opportunity to show off the importance of their offices without an iota of consideration for the purpose of the fine and the impact its mishandling can have on the Telecoms industry and the Nigeria economy at large.

“For the avoidance of doubt ATCON does not tolerate unprofessional conduct and disrespect for rules. As a demonstration of this, we recently launched our code of ethics and we are determined to sanction erring members. Equally we have no objection to the use of fine as tool to ensure compliance to regulations but when an unanticipated scenario emanates where fines computes to an humongous amount that is capable of inflicting damages on the industry and country arises, it is only wise that the nation act in self-interest by seeking a review that ensures that the purpose of the fine, which is to act as deterrent to breaches of rules, is served while an inadvertent self-infliction is avoided.

“We are of the opinion that MTN has suffered sufficient losses: loss of reputation, loss of market value, loss of revenue and have learnt their lessons. We are of the opinion that the fine should be reviewed downward to a figure not more than their profit for one year. This should be enough to serve as deterrent for future breaches while ensuring that they are kept in business to provide Nigerians services that we badly needed at this stage of our development. Our plea for leniency is based on our conviction that the breach was not done with a criminal intention to injure our national security but by share act of negligence. Our approach would have been different if otherwise proven.

“At this point, we would like to advise that all politicians and public officers who are not of NCC and who seems to have abandoned their core jobs to focus on this MTN fine to please allow the NCC, who is charged with the responsibility of regulating the industry, to handle the matter professionally and in the best interest of the nation. The fact that NCC presently has no Commissioners’ (Board) is no excuse for others agencies and individuals to usurp their roles as it well known that in the absence of the board, the Honorable Minister acts as the board. Non NCC public officers should intervene only on invitation by NCC,” Ajayi stressed.

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