NCC Declares Unauthorised Use of 5.4GHz Frequency Band Illegal, Moves to Sanction Erring Operators

Emma Okonji

Following the global scarcity of spectrum and frequency band that are used for network deployment and expansion in the telecommunications sector, the Nigerian Communications Commission (NCC), has frowned at some operators who are transmitting telecoms signals on the available 5.4GHz frequency band, without being licensed to operate with same.

NCC has therefore declared as illegal, the unauthorised use of 5.4GHZ frequency band, and has vowed to sanction any erring operator involved in such act. NCC further gave a 14-day enforcement notice for all illegal operators to vacate the 5.4GHz frequency band.

Some range of frequency bands that have been approved for use by the NCC, include: 67 KHz band, which covers 6765-6795 KHz band; 13 MHz frequency band, which covers 13.553-13.567 MHz band; 27MHz frequency band, which covers 26.957-27.283 MHz band; 40 MHz frequency band, which covers 40.66-40.70 MHz band; and 2.4 GHz frequency band, which covers 2.400-2.500 GHz band.   

NCC, in a statement published on its website, which THISDAY obtained, warned that severe sanction that could lead to imprisonment and confiscation of equipment used in operating such illegal services, would be meted on all telecommunications service providers, private-public organisations and individuals using the 5.4GHz band without a frequency license obtained from the commission.

According to the statement signed by the Director, Public Affairs at NCC, Mr. Reuben Muoka, “The Nigerian Communications Commission (NCC) hereby informs operators, private/public organisations and the public that the 5.4 GHz frequency band spanning 5.430 – 5.725 GHz range is a licensed frequency in Nigeria. Therefore, the transmission of signals or use of equipment in any form on this band without a frequency license obtained from the commission is illegal. All telecommunications service providers, private/public organisations or any person(s) using this band in any location across the country should note that pursuant to Section 122 of the Nigerian Communications Act (NCA 2003), it is a criminal offence to operate in any frequency not duly assigned by the commission.

“The consequences of such act may lead to imprisonment, sanction and confiscation of equipment used in operating the illegal services. In view of the above, the commission hereby gives a 14-day enforcement notice to all unlicensed operators on the 5.4GHz frequency band, spanning 5.430 725GHz to, forthwith, vacate and desist from further transmission of signals or use of equipment in any form on the band without authorisation obtained from NCC.”

Based on the enforcement notice, NCC said that without further recourse and upon expiration of the stipulated deadline, it would commence appropriate enforcement action including, but not limited to, prosecution, fine, and confiscation of equipment used in the illegal transmission of services.

The telecoms regulator advised all telecoms operators to acquaint themselves with the detailed regulatory provision for the deployment of services on the entire 5GHz band as contained in the Guidelines for Deployment of Broadband Services on the 5.2-5.9GHz band.

Industry stakeholders have commended the move by NCC to sanction erring users of the 5.4GHz frequency band without licence, adding that such unauthorised use of the frequency band, oftentimes, cause signal jam because of the heavy equipment that most of the unlicensed operators use for telecoms signal transmission.

Some of the stakeholders who spoke to THISDAY in anonymity, blamed call divert and drop calls to heavy equipment used by unathorised operators, insisting that such heavy equipment are not meant for the Nigerian market, hence they cause frequency jam in the telecoms ecosystem, that leads to call divert and high drop calls experienced during the Yuletide season.   

“The move by NCC is necessary to sanitise the telecoms industry and reposition it for improved telecoms services,” the stakeholders said.