Who is afraid of NCC’s frequency management?

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By Daku Abdullahi

In the past four months, there has been unusual attention and comments in the media about frequency spectrum sales and allocations by the telecom regulatory body, the Nigerian Communications Commission, NCC. The allegations of underhand frequency dealings were made topical by one of the national dailies which devoted its front pages to report the matter.

The allegations were that the Commission, in less than one year, and during the regime of Dr. Eugene Juwah as chief executive officer, sold spectrum that belonged to the Nigerian Police to a private firm, Openskys Ltd at a price adjudged to be below value in comparative terms, and also sold another set of frequency to a private company, Smile Communications, without due process and at a price also argued to be below par.

Telecoms Mast

Telecoms Mast

The table began to turn against the whistle blower when the Commission came out with a public statement indicating that the allocations of frequencies to the companies followed the due process, and began since 2009 which predated the resumption of the current chief executive, Dr, Eugene Juwah. The statement also revealed that the self-admitted whistle blower attended meetings where the decisions were taken on both companies.

In recent times, even some non-governmental organizations that have no knowledge of the subject joined the fray, which prompts the question: Who is afraid of frequency management by the Nigerian telecom regulator?

The main question which the traducers of the Nigerian telecom regulator have raised was why NCC did not subject the frequencies in question to a public auction. The Commission responded that the law allows it to use whatever method prescribed by law that suits it in maximizing the allocation of any frequency. Since the controversy has raged, the Nigerian Police has never claimed publicly that its frequency is missing.

The Commission has in its statement, claimed that it has allocated a frequency designed for security operations to the police while relocating them out of a commercial frequency. The Police on its side never disputed the position of the Commission, making those accusing the Commission of allocating frequency belonging to the police to be crying more than the bereaved.

Some news reports credited to the Executive Vice Chairman of the Commission, Dr. Juwah, also cleared the air to the effect that the relocation of the police to appropriate frequencies several years ago was with the full knowledge and acceptance of the Nigerian Police Force, which may have accounted for the silence of the Nigerian Police over the matter.

For several years, the Nigerian Communications Commission has staked its claim to transparency in the manners it has handled spectrum management for the nation. In 2001, it scored major globally acclaimed success when it successfully managed a big auction for digital mobile frequency licenses which led to the mobile revolution in Nigeria.

In 2008, the regulator’s claim on excellent frequency allocation management came under test and from its own backyard, when the then  presiding  Minister of Information and Communications, Professor Dora Akunyili, accused the Commission of not following  due process in the sale of the 2.3GHz spectrum frequency. The Minister went further to invite the Economic and Financial Crimes Commission, EFCC, to probe the process.

This allegation became a major subject in the media for several months, eliciting all kinds of comments until a Federal High Court, sitting in Abuja declared the allegations by the Minister as false, and gave the Commission a clean bill of health. There are curious similarities in the ignition of bogus allegations about frequency sale at the NCC, between former Minister of Communications, Professor Dora Akunyili, and the activities of the famed whistle blower as both were insiders who had access to whatever information they needed to substantiate their allegations, but for some strange reasons failed to do so.

In addition, their allegations on frequency sales which attracted the most visible and negative comments about the activities of the Commission have been proven by the court of law and the relevant investigating agency to wit, the EFCC, to be founded on frivolities. I acknowledge whistle blowing as a safety valve against fraud, but such whistle blowing must be based on facts, not on the misplaced fantasy of a self-appointed whistle-blower.

Daku Abdullahi, a telecom and public affairs analyst writes from Abuja.

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