By Emeka Aginam
Reacting to the frequency band allocation allegation against the Nigerian telecoms regulatory authority, the Nigerian Communications Commission, (NCC), Director, Public Affairs of the Commission , Mr. Tony Ojobo said the commission was guided by the provisions of the Nigerian Communications Act, noting that the frequency allocated to Openskys followed due process.
Ojobo while clarifying issues regarding issuance of licenses and spectrum by the Commission to IT Journalists noted that it was not only in compliance with the Nigerian Communications Act, but also in full implementation of a Presidential directive of 5th July, 2007.
Pursuant to sections 123 (2) and 33(3), he said that the Commission at different times has applied various licensing mechanisms including first come first served, auction, beauty contest /comparative, administrative / fixed price, among others.
The allegations on frequency allocation to Smile Communications Nigeria Limited, Ojobo noted were also false.
Smiles Communication Limited, according to him holds three major licenses from the NCC including Unified Access Service License , PNL National license, and Spectrum License.
?The claim that it is only through open competitive non-discriminatory bidding that the Commission assigns frequency is false? he further explained.
He said that the insinuation that the frequency issued to the Police has been sold to Openskys was false, adding that the frequencies allocated to Openskys were commercial frequencies designated for such services in all parts of the world.
?The frequency to which the Police was relocated was designed for security related services. The decision of the Commission on these matters followed all the due processes till date. ?This directive was fully deliberated upon by the Board of the Commission during its 62nd, 63rd and 64th Sittings and other subsequent meetings.
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?The Presidential directive to the Commission was for allocation of a portion in the 450 MHz to NIGCOMSAT, an agency of government. The Board however gave considerations regarding issuance of such license to a government agency, and thereafter gave NIGCOMSAT a pre-condition to seek private partnership to qualify for such allocation.
?Upon confirmation of partnership with Openskys by NIGCOMSAT, NCC management began the process of the assignment from 2008.
?On October 2, 2009, the Commission made a provisional offer of frequency to Openskys. As at this period, the Nigerian Police was still occupying some of the frequencies in the 450MHz Band. The then Ministry of Communications had on October 5, 2005, conveyed to the Police the decision of the National Frequency Management Board, for it to be relocated by the Commission? he explained.
According to Ojobo, te use of 450 MHz for commercial telecommunications was approved by the National Frequency Management Council (NFMC) on Nov 5, 2004.
?After this approval, occupants in this band like the police, NITEL, Shell, Chevron, and some others, he further explained were relocated to specific portions of the band suited for their types of service and usage.
?When the Inspector General of Police approved the relocation following further meetings with NIGCOMSAT on behalf of OpenSkys, Ojobo disclosed that NIGCOMSAT also submitted the cost of the relocation.
?The Commission then made an initial offer of frequency to OpenSkys on February 4, 2009, with a condition of acceptance within 30 days. OpenSkys accepted the offer on February 23, 2009.
? On October 2, 2009, upon review of the status of the offer, the commission issued a provisional offer of the frequency to Openskys on the condition of payment of N247,544,989.40 for replacement of digital radio equipment of the Nigerian police that may result from the relocation. Openskys was also to pay the sum of N892,455,010.60 to the Commission representing the balance of the spectrum fees for the offer. Frequency fees are paid into the federation account.
?The total spectrum fees for the 5MHz spectrum for a tenure of 5 Years is N1,140,000,000 ( One billion, one hundred and forty million naira only).
?The commission also placed a condition for issuance of letter of frequency assignment to Openskys, stating the exact frequency channels, and conditions of use would be upon presentation of proof of payment of the amounts above.
?In 2010, the Commission demanded an update from Openskys about the frequency for which they demanded more time to finalize with the police? he said.
He said that the company made an initial payment for the frequency to the NCC, adding that in 2011, upon completion of the frequency fees, the Commission offered OpenSkys a letter of frequency of assignment detailing the channels in line with the Provisional Offer of October 2, 2009, with a condition that roll out would commence only on fulfillment of the following by Openskys:
*The relocation of the Nigerian Police on these assigned channels by Openskys Services Ltd, and submission of certificate of completion issued by the Police.
*Securing an operational license which as a minimum should be a Digital Mobile License, (DML) plus Private Network Links, PNL, categories.
?Openskys informed the Commission of an agreement with the police for the relocation, for which the police sought the confirmation of the Commission and received in the affirmative? he said.
He informed that there were more allocations awarded administratively (without an auction process) than those awarded by way of auctions.
According to him, some of the frequency allocations done without auction process include: Multilinks, Intercellular, Prestel, Megatech, Odu?a Telecom, Rainbownet, among others.
?The assignment to Smile Communications was done in 2009 for 10 years. Due to the technology trends, the band was re-planned in 2011 and provision made to accommodate the incumbents.
?These decisions are democratic and forward-looking decisions aimed at keeping the sector at the cutting-edge technology.
?The claims in respect of the above are calculated to mislead the public. It also bears repeating that these transactions followed due process and also predated the current leadership of the Commission and to imply that they are fresh transaction are most malicious and revealing of the real motives behind these fabrications and bogus allegations? Ojobo stated.
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