Mast ban: telecoms body dares Lagos govt
The Association of Licensed Telecommunications Operators of Nigeria is to petition the Attorney General of the Federation, the Inspector General of Police and some other government agencies over plans by the Lagos state Government to stop the erection of new telecoms base stations by telecoms operators.
Chairman of telecoms group, Mr. Gbenga Adebayo, said in a media briefing that the move by the state government to sanction operators amounted to regulating the telecoms sector, an action he noted, was beyond the state responsibilities.
He also said the move was in contravention of earlier ruling of the Federal High Court which had stopped attempts by any state government from embarking on such an exercise.
The ALTON statement was a reaction to an address by the Lagos State Infrastructure Management and Regulatory Agency, on Wednesday in which it said that about 2,000 base stations already existing in the state were enough. The General Manager, LASIMRA, Mr. Joe Igbokwe, said the state would no longer approve the erection decision due to the need to ensure safety of the people and the need for the preservation of the environment.
Adebayo said the statement was another attempt by the state to regulate the telecoms sector by subterfuge, adding that calls by LASIMRA for research into the health implications of base stations was unnecessary as various government agencies were already engaged in that.
He said, “in the final judgment delivered by Auta J. on the 25 th of February 2007, the court held that:
Telecommunications is a matter under the exclusive legislative list of the 1999 Constitution and accordingly "no State Government or State House of Assembly has the jurisdiction to legislate on it, any such legislation is null and void.
He added that “To the extent that it seeks to regulate the activities of telecoms operators in Lagos State, the IMRA law is an encroachment on the Nigerian Communications Act, a Federal Legislation which "covers the field" with respect to the regulation of telecommunications infrastructure in Nigeria.”
Adebayo added that LASIMRA's call for infrastructure collocation by operators was not a new thing as this was already being practised in the industry as a “self regulatory initiative.”
ALTON however commended the decision of the Lagos State Governor, His Excellency, Babatunde Fashola, to lift the ban on road excavations and earth/tar cut activities.
The group however debunked claims that it was responsible for the disrepair of roads after laying their cables claiming that its members always made payments for the restoration of such roads to the government. It said, "We would also like to bring to His Excellency's attention the fact that ALTON members have been paying for Rights of Way, cutting fees, and payment for asphalt reinstatement of the affected roads to the LASG.”
Chairman of telecoms group, Mr. Gbenga Adebayo, said in a media briefing that the move by the state government to sanction operators amounted to regulating the telecoms sector, an action he noted, was beyond the state responsibilities.
He also said the move was in contravention of earlier ruling of the Federal High Court which had stopped attempts by any state government from embarking on such an exercise.
The ALTON statement was a reaction to an address by the Lagos State Infrastructure Management and Regulatory Agency, on Wednesday in which it said that about 2,000 base stations already existing in the state were enough. The General Manager, LASIMRA, Mr. Joe Igbokwe, said the state would no longer approve the erection decision due to the need to ensure safety of the people and the need for the preservation of the environment.
Adebayo said the statement was another attempt by the state to regulate the telecoms sector by subterfuge, adding that calls by LASIMRA for research into the health implications of base stations was unnecessary as various government agencies were already engaged in that.
He said, “in the final judgment delivered by Auta J. on the 25 th of February 2007, the court held that:
Telecommunications is a matter under the exclusive legislative list of the 1999 Constitution and accordingly "no State Government or State House of Assembly has the jurisdiction to legislate on it, any such legislation is null and void.
He added that “To the extent that it seeks to regulate the activities of telecoms operators in Lagos State, the IMRA law is an encroachment on the Nigerian Communications Act, a Federal Legislation which "covers the field" with respect to the regulation of telecommunications infrastructure in Nigeria.”
Adebayo added that LASIMRA's call for infrastructure collocation by operators was not a new thing as this was already being practised in the industry as a “self regulatory initiative.”
ALTON however commended the decision of the Lagos State Governor, His Excellency, Babatunde Fashola, to lift the ban on road excavations and earth/tar cut activities.
The group however debunked claims that it was responsible for the disrepair of roads after laying their cables claiming that its members always made payments for the restoration of such roads to the government. It said, "We would also like to bring to His Excellency's attention the fact that ALTON members have been paying for Rights of Way, cutting fees, and payment for asphalt reinstatement of the affected roads to the LASG.”
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