Rejig NCC Act 2003 to protect small operators- Oke

Ayoola Oke, Managing Partner, Ayoola Babatunde Oke & Co, has called for the rejigging of the Nigerian Communications Commission Act 2003, for it to be deepened to protect small operators.

Oke also advised telecom subscribers in the country to ensure they fight for their rights both with the service providers and regulatory agencies like Nigerian Communications Commission (NCC).

He stated this while discussing Developing Telecommunications Law: Jurisprudence and Judicial precedents, an X-ray of the Nigerian Communications Act 2003, with newsmen recently in Lagos.

Ayoola, a former special adviser to Dr Ernest Ndukwe, former executive vice-chairman, NCC, noted that this is the reason why small operators are experiencing untimely death without making any tangible impact on the country’s economy.

The Lawyer explained that big operators always end up with legacy issues; hence, the need to review sections 91 and 92 of the Act which focuses on competition regulation.

“The Nigerian Communications Commission Act 2003 should be deepened to protect the local or small operators.

“In telecommunications and Information Communications and Technology, it is almost as if the regulator holds down the big operators and this gives reasons to why the small operators are dying without meaningful impact on the country’s economy.

“Why it is important to protect the small telecommunication companies is that big operators always end up with legacy issues.

“They would have invested money into big projects. So, when technology changes, they would be able to adapt because of their financial wherewithal but the local operators won’t be able to.

“Section 91, 92 which talks about how NCC should regulate competition. I think there is a need to add some principle especially when it comes protecting the small and upcoming operators,” he said.

While distinguishing between the Act of 1992 and that of 2003, Oke said that the Nigerian Communications Commission (NCC) is yet to fully implement the 2003 Act and as such affecting the effectiveness of the regulatory framework.

The industry expert pointed out that the Act established not just a board of NCC but a professional board and governing board but the regulator has not been following the professionalism of the board.