The Association of Licensed Telecommunications Operators of Nigeria (ALTON), has raised some concerns that the National Information Technology Development Agency (NITDA) is gradually taking the regulatory roles of the Nigerian Communications Commission (NCC) on communications matters within the regulatory purview of the NCC.
The concerns were highlighted in a letter, dated July 30th, 2019 and addressed to the Executive Vice-Chairman of NCC.
The letter, which was signed by Engr. Gbenga Adebayo, Chairman of ALTON draws NCC’s attention to some subsidiary legislation(s) and framework(s) issued by NITDA. The letter notes that such legislations and frameworks amount to double regulation, which has been a recurring challenge for the industry.
Specifically, the legislation(s) and framework(s) are:
Framework and Guidelines for Public Internet Access (PIA) 2019:
The said Framework sets out rules for the provision of Public Internet Access without regard to the powers of the Commission and extant competition considerations. We note the Framework empowers NITDA to license a Public Internet Access Provider (PIAP) which technically is a provider of data services and prescribes minimum quality of service for such providers. The key concern is that NITDA appears to be assuming the role of a parallel regulator for data services.
Framework for Data Centre Facilities:
NITDA wrote to some of our members in July 2019 stating it has commenced registration of Data Centre facilities in Nigeria and requested that they initiate the registration of their Data Centre facilities with NITDA. According to NITDA, the registration is in furtherance of Presidential Executive Orders 003 and 005 on local content development. However, a careful review of the Orders does not reveal anything specific to the operation of data centres. Additionally, the promotion of local content in the industry, which is the bedrock of NITDA’s position is not the Agency’s exclusive preserve, as the Commission is also well positioned to address same for the communications industry.
Nigeria Data Protection Regulation 2019:
The Nigeria Data Protection Regulation 2019 defines the rules governing the processing of data. It contains far-reaching provisions on personal data which includes communication identifiers such as IP address, IMEI number, IMSI number, SIM and Personal Identifiable Information, etc., as well as the procedure for procuring consent from customers and the transfer of data outside of Nigeria. By implication, it will appear that NITDA has assumed the role of a Data Protection Agency in Nigeria and its Regulation overrides the Commission’s existing provision on data processing in the industry. In this regard, we note NITDA recently announced in the print media that it has commenced investigation of alleged breach of data security of customers by telecommunications companies and Banks.
Meanwhile, ALTON has expressed delight that the Commission has successfully tackled the National Environmental Standards and Regulations Enforcement Agency (NESREA) in the past, when the Agency attempted to regulate the infrastructure deployment in the industry without recourse to the Commission.
“It is our view that the current issue with NITDA requires urgent intervention by the Commission to safeguard the interest of market players and preserve the powers of the Commission. Accordingly, and in a bid to avoid a situation where members are caught in the crossfire of multiple regulation, we respectfully request the Commission’s guidance on how to proceed with the NITDA on the aforementioned Frameworks and Regulation. This guidance will provide the much-needed clarity for the industry moving forward,” the letter concluded.