By KINGSLEY MUTU

The National Environmental Standards and Regulations Enforcement Agency (NESREA) has initiated a drive aimed at attacking network service providers and shutting down base stations deemed to have  been erected in contravention of its standards as it regards environmental safety.

It is worthy of note here that there is no scientific claim that backs up the NESREA’s claim that situating a base station five meters away from the nearest residential area as stipulated by the NCC is hazardous to health. Their reason therefore for shutting down network operators’ base stations may be deemed as baseless and unfounded.

It is also to be observed that with reference to areas designated as residential, the reality of usage and topography of the area may have no bearing on the designations. As such, traffic patterns follow demographic concentrations rather than area designations. As an example, Victoria Island in Lagos is a traditionally designated area that has evolved into a predominantly commercial district. Wuse II in Abuja also appears to be evolving in the same manner.

Telecom mast

On this note, it will be observed that areas sparsely populated could easily become densely populated over a period of time leading to violation of requirement such as setback distance and height specifications. In many instances, operators are able, under the watchful eyes of the Nigerian Communications Commission (NCC), to comply with the proposed set back of 10-12 meters from the wall of residential premises, schools and hospitals.

Given the peculiarities of Nigeria and the lack of proper development and planning in most parts of the country, there are severe constraints in attaining the said setback but the NCC makes sure that operators comply with the five meters set back from residential areas, hospitals and schools as observed all over the world.

Also given that there is no law preventing residential areas from springing up within any designated range of telecoms and other infrastructure, it is now the added function of the NCC to make sure that residential areas are not built closer than five  meters to an already existing base station or mast as it will not make sense to ask operators to move already existing base stations in order to accommodate newly built residential areas. The NCC has been performing these tasks with zest and for the NESREA to rubbish all the effort that has been put in this regard smacks of avoidable usurpation.

Shutting down base stations as has been done by the NESREA will certainly undermine the efforts of the service providers to improve on the quality of service already being rendered in the telecoms sector. It will lead to a fall in the quality of service especially in high density areas as operators will not be able to respond to network traffic exigencies promptly and appropriately as a result of the crippling of their infrastructure.

It will increase congestion on the network as another base station will have to take over the functions of the shut down station. This will seriously undermine the efforts of the NCC and network operators aimed at improving quality of service.

Also, section 130 of the Nigerian Communication Act that created the NCC explains the scope of its activity as it concerns telecoms equipment and infrastructure. It is therefore wrong for the NESREA to take over the functions by law of an existing agency. That will be illegal. If the NESREA must take over these functions, then the NCA  Act needs to be amended to reflect the change in regulator as an already existing law cannot be contravened even by a more powerful or superior body.

Also, since the lawfully created body whose function it is to regulate the telecoms sector is the NCC, the NESREA needs to defer to the NCC on decisions that affect location and management of base stations and masts especially as NESREA is just a body set up to ensure enforcement of regulations; usurping the NCC and taking over its functions can only be wrong.

The telecoms industry in Nigeria does not need this unnecessary distraction and the NESREA should back track to enable the NCC continue the worthy work it is doing in regulating the industry and any agency that has information about any breach of regulations should lodge its complaint with the communications commission to investigate and enforce compliance.

The NESREA, being only an enforcement agency, lacks the jurisdiction to seal base stations because it does not have the power to make regulations but is only empowered enforce the regulations made by other parastatals with respect to environmental standards.

The NESREA should revert to the NCC on matters such as this henceforth in order to forestall the occurrence of both bodies clashing publicly shamefully as has been the case recently.
Mutu is resident in Yenagoa