Nigeria’s telecom regulator, the Nigerian Communications Commission (NCC) says the newly issued guidelines on co-location and infrastructure sharing (C/IS) among network operators in the country seeks to promote fair competition in the communications industry, while encouraging and promoting infrastructure sharing among its licensees.
The guideline which was posted on the Commission’s website propagates open negotiation between Access Providers and Access Seekers in line with the published Guidelines.
Introducing the document, the NCC noted: “These Guidelines are designed and developed to encourage C/IS between Access Providers and Access Seekers within a predetermined framework to remove uncertainty and create an environment for better co-operation.”
Co-location and infrastructure sharing have been on the front burner of discussions on how to provide ubiquitous broadband access in the country, especially in rural communities.
The NCC further disclosed that the Primary object of these Guidelines is to establish a framework within which Access Providers and Access Seekers can negotiate C/IS arrangements, specifically to ensure that the incidence of unnecessary duplication of infrastructure is minimised or completely avoided.
The Guidelines categorically spells out General Rules for Active Infrastructure Sharing; the Role of the Commission; and criteria for Co-location.
NCC, in the document, explained Infrastructure amenable to sharing as those that can be shared without an attendant risk of lessening of competition, stating that the Commission shall encourage and promote the sharing of Passive Infrastructure; Rights of Way; Masts; Poles, Antenna mast and tower structures; and Ducts.
Other viable infrastructures for sharing include Trenches; Space in buildings and Electric power (public or private source).
Active Infrastructure that can be shared between operators include Complete network structures; Switching centers; Frequencies; Radio Network controllers and Base stations.
These will help protect the environment by reducing the proliferation of infrastructure and facilities installations, while promoting fair competition through equal access being granted to the installations and facilities of operators on mutually agreed terms. It will also ensure that the economic advantages derivable from the sharing of facilities are harnessed for the overall benefit of all telecommunications stakeholders; and minimise capital expenditure on supporting infrastructures and to free more funds for investment in core network equipment, among other advantages.
The document however gives the Commission the right to review all infrastructure sharing agreements and arrangements to ensure consistency with the relevant Licence(s), and reduce the risk of a lessening of competition.
The Guideline also cautions owners of facilities against obstructing or delay in negotiations or resolution of disputes; refusal to provide information relevant to an agreement including information necessary to identify the facility needed and cost data; and refuse to designate a representative to make binding commitments.
While allowing freedom of negotiation between parties, the Commission however noted that any dispute regarding tariffs and charges between parties to an Active Infrastructure Sharing agreement will be referred to the Commission for resolution, and the decision of the Commission shall be binding on parties.
On the roles of the Commission, the Guideline states that the NCC has the power to intervene to resolve dispute at the request of either party and to impose facility sharing or co-location arrangements between operators after consultation with the parties.
The Commission also has a duty to support the process by periodically arranging for the dissemination of pertinent information on the subject of infrastructure sharing and co-location. It will also encourage redevelopment of existing facilities amenable to infrastructure sharing to increase their capacity; advise local and regional authorities on the adoption of schemes which would encourage the sharing of infrastructure; and support the development of the capability among operators to deal with the issues of infrastructure sharing in a competent way.
