For failing to comply with the guidelines for the deployment of 5.4GHz frequency band, some companies in Uyo, Akwa Ibom and Calabar, Cross River states have had their premises shut down by the Nigerian Communications Commission (NCC).
The enforcement team of the Commission took Compliance Monitoring to Calabar, Cross River and Uyo, Akwa Ibom States on April 26 and 27, 2018 respectively to enforce compliance with its guidelines for the deployment of service in the 5.4GHz frequency band.
The Commission, based on the Guidelines for the Deployment of Service in the 5.4GHz Frequency Band issued a public notice dated April 3, 2018 warning unlicensed operators and the general public to vacate illegal transmission in the 5.4GHz frequency Band within 14 days.
The deadline for vacation ended on April 17, 2018; consequently the enforcement team visited Hot Minet Services located on 80 MCC Road, Calabar and a first generation to on Udo Udoma Banking layout, Uyo, for failing to comply with the guideline and the public notice issued by the Commission.
Accordingly, the enforcement team led by the Director, Compliance Monitoring and Enforcement department NCC, Mr. Efosa Idehen shut down the operations of Hot Minet Services located at 80 MCC Road in Calabar. The team also confiscated the non-type approved equipment used by the company in providing the illegal services. The team directed the company to ensure that it obtains the requisite license before its premises is unseal.
Also the enforcement team enforced against the bank on Udo Udoma Banking Layout, Uyo, Akwa Ibom for illegal deployment of service in the said 5.4GHz frequency band.
Consequent upon the enforcement action, the equipment (radio) used in the provision of the service was removed and held in custody of the Commission. More so, the enforcement team had to order for the arrest of officials of the bank for their resistance.
It is pertinent to state that it’s a criminal offence to provide service in frequency band not validly assigned or licensed by the Nigerian Communications Commission. This position is supported by the provision of Section 121 and 122 of the Nigerian Communications Act, 2003 thus;
“…….that the Commission shall have the sole and exclusive power to manage and administer the frequency spectrum for the communications sector……..” and “………no person intentionally transmit in part of the spectrum to provide a service unless the person holds a frequency licenses issued by the commission.
It is important to state that the punishment for the said offence is a fine for the initial fee for the relevant license; a fine not exceeding ten times the fee for the relevant license; imprisonment for a term not exceeding one year; or both such fine and imprisonment.
The suspects were already handed over to the relevant security agency for discreet investigation and possible prosecution.
