Los nuevos enfoques de la didáctica moderna

back at a minimum distance of 50 meters from the right of way as well as federal and state highways.³⁴³

The above differences in the NESREA Regulations and the NCC Guidelines have been a constant basis for regulatory conflict between the NCC and NESREA. Thus, while the NCC insists that its prescribed 5 meter set-back distance meets widely accepted international safety and health standards, the NESREA on the other hand maintains that service providers should comply with its prescribed 10 meter set-back distance. This has given rise to situations whereby telecommunications base stations and towers that met the NCC‟s 5 meter set-back specification were shut down by NESREA for not complying with its 10 meter set-back distance specification.³⁴⁴ For example in 2012, the NCC is reported to have claimed that NESREA shut down 52 base stations that did not meet its own specifications across the country.³⁴⁵ This state of affairs had effect of placing service providers in a regulatory quagmire while also posing obstacles to the deployment of network infrastructure and causing severe reductions in the quality of services.

design, fabrication and installation of telecommunications masts and towers.

Telecommunications service providers as well as the designers, fabricators and installers of telecommunications masts and towers are required to comply with the Guidelines in order to ensure „sound engineering practices‟ and „environmental safety‟.³⁴⁷ Non-compliance with the mandatory provisions of the Guidelines constitutes an offence under the NCA and the Nigerian Communications (Enforcement Processes) Regulations 2005.

However, the existence of the Guidelines does not unsettle the fact that telecommunications service providers are also required to comply with environmental specifications under NESREA‟s National Environmental (Standards for Telecommunications and Broadcast Facilities) Regulations when carrying out the installation of network infrastructure.

Matters that are addressed under the Guidelines include: the types and general technical specifications of mast and tower structures that can be installed in Nigeria;³⁴⁸ the design and construction of masts and towers;³⁴⁹ the environmental sitting of masts and towers;³⁵⁰ the protection of masts and towers;³⁵¹ the maintenance of masts and towers;³⁵² the grant of permits by the NCC;³⁵³ and general issues relating to the insurance and service life of masts and towers as well as the permissible radiation levels of masts and towers³⁵⁴

347 Paragraph 1 (1) NCC Guidelines on Technical Specifications for the Installation of Telecommunications Masts and Towers, 2009.

348 Paragraphs 2 &7 Ibid.

349 Paragraphs 4 & 13(1)-(2) Ibid.

350 Paragraph 3 & Chapter 5 Ibid.

351 Paragraph 5 & 6 Ibid.

352 Paragraph 8 Ibid.

353 Paragraph 10 Ibid.

354 Paragraph 13 Ibid.

3.3 Installation of Fiber Optic Cables 3.3.1 Fiber Optic Submarine Cables

A fiber optic submarine cable refers to a cable that is laid on the sea bed between land based stations for the purpose of supplying international bandwidth capacity.

Currently four international fiber optic submarine cable systems have landed in Nigeria, and supply the country with a total international bandwidth capacity of 10 Terabytes (Tbits).³⁵⁵ In Nigeria, the deployment and operation of international submarine cables and their landing stations is comprehensively governed by the NCC‟s International Submarine Cable Infrastructure and Landing Station Services License.³⁵⁶ The license provides that operators of an international submarine cable that is licensed to land in Nigeria “shall obtain all necessary licenses and permits, including building permits and other non-telecommunications permits required to build, implement, modify and remove installations and buildings in accordance with relevant applicable laws and regulations in the Federal Republic of Nigeria”.³⁵⁷ This implies that a cable operator is to comply with all relevant applicable legal requirements governing the installation or removal of infrastructure in Nigeria such as the Environmental Impact Assessment Act and other infrastructure development laws. Accordingly, the license empowers the NCC to require a cable operator to file an environmental impact assessment report where it is of the view that the landing of a cable at specific locations and the construction of landing stations

355 F Odufuwa, Understanding What is Happening in ICT in Nigeria: A Supply – and Demand Side Analysis of the ICT Sector (South Africa: Research ICT Africa, 2012) p.19.

356 The NCC‟s International Submarine Cable Infrastructure and Landing Station Services License, available at <http://www.ncc.gov.ng/index.php?option=com_content&view=articles&id=76&itemld=

81> last accessed on 30 March, 2016.

357 Condition 17, International Submarine Cable Infrastructure and Landing Station Services License.

may affect the environment.³⁵⁸ Also, prior to developing any cable landing sites or installing equipment, a cable operator is required to obtain approvals from the NCC.³⁵⁹

3.3.2 Metropolitan Fiber Optic Cables

The deployment of fiber optic cables and related transmission infrastructure within Nigeria is governed by the conditions under the NCC‟s Metropolitan Fiber Cable Network Services License which is established under section 32 of the NCA. The license establishes the specific terms and conditions under which telecommunications service provider are permitted to carry out the following activities:

(a) to construct, maintain and operate „access tandem‟³⁶⁰ and fiber optic transmission facilities or backbone upon land or in water or under water in all territories of the states of Nigeria;

(b) to employ other means of transmission such as microwave/satellite or any other cost effective means other than fiber optic cables in topographical terrains such as streams, hills or mountains where the deployment of fiber optics may prove difficult;

(c) to carry intra-city telecommunications traffic within a designated area;

(d) to interconnect two or more metropolitan areas for the purpose of transmitting inter-city traffic between metropolitan areas, and;

(e) to establish „points of presence‟³⁶¹ for the purpose of interconnecting with „private networks‟³⁶² and the networks of „access providers‟.³⁶³³⁶⁴

358 Condition 29.1, International Submarine Cable Infrastructure and Landing Station Services License.

359 Condition 30 Ibid.

360 „Access tandem‟ refers to “switching systems that provide concentration and distribution for traffic originating and terminating in the networks of access providers”. See Metropolitan Fiber Cable Network Services License, p.4, available at <http://www.ncc.gov.ng/index.php?option=com_content&view=

articles&id=76&itemld=81> last accessed on 30 March, 2016.

Under the Metropolitan Fiber Cable Network Services License, a service provider that intends to install fiber optic transmission facilities has an obligation “[to] obtain all necessary licenses and permits, including …non-telecommunications permits required to build, implement, modify and remove installations and buildings in accordance with relevant applicable laws and regulations”.³⁶⁵ This implies that a service provider that intends to install fiber optic cables and related transmission facilities is required to comply with all applicable legal requirements governing the installation or removal of infrastructure in Nigeria such as the Environmental Impact Assessment Act and other related infrastructure development laws. In addition, the license requires a service provider to ensure that all its network equipment and sites are approved by the NCC before commencing operations and also obtain all necessary compliance certificates.³⁶⁶ This entails a service provider‟s compliance with the NCC‟s environmental and technical specifications on the location of telecommunications infrastructure and other relevant regulations such as the National Environmental (Standards for Telecommunications and Broadcast Facilities) Regulations and the Environmental Impact Assessment Act.

361 „Point of presence‟ refers to “a location designated by the licensee (service provider) where switching and transmission facilities are provided for the purpose of interfacing with other operators”. See Metropolitan Fiber Cable Network Services License, p.7.

362 „Private network‟ refers to “a telecommunications network that is not deployed for the provision of commercial services to the public”. See Metropolitan Fiber Cable Network Services License, p.7.

363 An „access provider” refers to “any person who provides last mile access to end- users of telecommunications services and includes but is not limited to fixed telephony service providers, mobile cellular telephony-service providers, value added service providers and virtual private network operators”. See Metropolitan Fiber Cable Network Services License, p.4.

364Condition 22, Metropolitan Fiber Cable Network Services License.

365 Condition 24.1, Ibid.

366 Condition 25.1, Ibid.

3.4 Installation of Earth-based Network Infrastructure for Communications