Turf Exposé 101 – AN OVERVIEW OF THE OPPORTUNITIES AVAILABLE FOR LEGAL PRACTITIONERS IN THE NIGERIAN TELECOMMUNICATIONS INDUSTRY
INTRODUCTION
Before the turn of the 21st century, little was known of Telecommunications and Telecommunications Law Practice in Nigeria. This was perhaps because the sector at the time had only few actors –the government which retained monopoly as both service provider and sector regulator and the consumers which had to pay through their noses to enjoy telecoms services. At the turn of the 21st century however, the sector not only became more popular but it is today a major contributor to the country’s Gross Domestic Product. It was widely reported recently by major newspapers in Nigeria that the telecoms sector alone contributed 1.5 trillion naira (9.5%) to the country’s GDP in the second quarter of 2017. The implication of this is that the sector is riddled with countless opportunities which remain largely untapped.
WHAT IS TELECOMMUNICATIONS?
Telecommunication has emerged as an important aspect of human communication. It has made transmission of information over long distances and to large number of people possible. It has touched every aspect of our lives, including our economic, political and social life. Despite this obvious significance, the meaning of telecommunications appears to have eluded many today. Many, especially those outside the field of telecommunication science think that telecommunications is all about telephony. They think that since the term carries the prefix ‘tele’, it must have to do with telephone communication alone. As true as that may sound, it is important to say that telecommunications has evolved into much more than that. As a matter of fact, there is a difference between telecommunications and telephony. While the latter deals exclusively with communication facilitated by telephone, the former encompasses telephony and much more.
The term ‘telecommunications’ is a twentieth century combination of the Greek and Latin words, ‘tele’ and ‘communication’ which literally means ‘the art of conveying information over a long distance’. Telecommunication may therefore be broadly defined as the transmission of information by means of electromagnetic signals over copper wires, coaxial cable, fiber-optic strands, or the airwaves.
It could also be defined as the transmission of information, over significant distances to communicate. It makes use of electrical devices such as telephones and telegraphs, the use of radio and microwave communications, as well as fiber optics and their associated electronics, plus use of the broadcasting satellites and the internet.
The above definitions clearly suggest that telecommunication is more than just voice communication. In fact, in Nigeria, Telecommunications is said to include fixed or wireless telephony, television and radio broadcasting and the internet. This fact is fortified by Section 157 of the Nigerian communications Act, 2003 which defines telecommunications as “any transmission, emission or reception of signs, signals, writing, images, sounds or intelligence of any nature by wire, radio, visual or other electro-magnetic systems.”
Telecommunications Law is therefore that branch of law that regulates communications by telephone, radio, television, wire, satellite and cable.
THE LEGAL FRAMEWORK ON TELECOMMUINICATION IN NIGERIA
- Nigerian Communications Act, 2003 (NCA)
- Regulations and Guidelines published by the National Regulatory Body, Nigeria Communications Commission (NCC) (e.g. the Consumer Code of Practice Regulations, 2007; Regulations on Annual Operating Levy, 2014; Regulations on Mobile Number Portability, 2014; Registration of Telephone Subscribers Regulations, 2011 etc)
Others include:
- Cybercrimes (Prohibition, Prevention etc) Act, 2015
- National Environmental Standards And Regulations Enforcement Agency Act, 2007
- Standard organisation Act, LFN, 2004
- Consumer Protection Act, LFN, 2004
- 1999 Constitution as amended
REGULATORY BODIES
- Nigerian Communications Commission
- National Frequency Management Council
- Universal Service Provision Board
- National Environmental Standards And Regulations Enforcement Agency
- Standard Organisation of Nigeria
- Consumer Protection Council
SOME IMPORTANT INDUSTRY STATISTICS (as at September, 2017)
- Total number of telephony subscribers: 139, 905, 213 (teledensity of 99.93%)
- Licensed telephony operators are MTN (50,307,169 (36.0%); Globacom (37,349,979 (26.77%); Airtel (34,625,744 (24.8%); 9Mobile (17,203,940(12.3%) subscribers respectively.
- Internet subscribers on each of the licensed service providers:
- MTN -32,556,629
- Globacom -26,942,871
- Airtel -21,765,524
- 9Mobile -11,710,658
- Total internet subscribers: 92, 975,682
OPPORTUNITIES FOR LEGAL PRACTITIONERS IN THE TELECOMS SECTOR
Advisory Roles: LPs are required to give Legal advice to governments, companies and other relevant stakeholders in the telecommunications industry on issues relating to regulatory laws, contracts, intellectual property, licensing issues, transactions etc
Litigation: Most governments, regulatory agencies, service providers or telecoms operators, consumers etc require LPs to represent them in court.
Lecturing: LPs who can teach telecoms would be in high demand the moment telecommunications become part of our curriculum
Solicitors: LPs are required to carry out legal due diligence on entities involved in transactions; Render opinions to off shore counsel, draft legal documents and facilitate registration of telecoms companies
In-house counsel: Most telecoms companies and operators including the NCC require LPs as in-house counsel to provide timely legal advice and play other legal roles.
Legislative draftsmen: LPs are required to draft regulations on behalf of the industry regulators
Negotiators: LPs are required to act as negotiators for the government, companies etc in auctions and other transactions
Company secretary/legal adviser: Most telecoms companies require LPs to act as company secretary/legal adviser
Membership of the NCC Board: A member of the NCC governing Board can be a lawyer according to section 7 of the NCA, 2003
Arbitrators/Mediators/Conciliators: these are also required to aid disputing telecoms companies in resolving their disputes amicably
MAJOR TRENDS IN THE TELECOMS INDUSTRY FOR 2017
Over-The-Top And Value Added Services
The constantly growing competition from the Over-The-Top (OTT) players, who offer apps and content streaming directly via the internet, will drive telecom companies and other service providers to partner with and become primary OTT solution providers in their own way so as to drive revenue, counterbalance the downward price pressures and build customer loyalty. This rise in operator led OTT services will not only expand the market opportunities but also redirect a fraction of the global OTT spend back towards the network and service providers.
The Move For 5G: Good Bye To 4G
Network providers are striving to make 5G a reality as soon as possible. Telecos around the world have already developed 5G architecture and have initiated the lab and field trials for the basic connectivity element in their race to gain a competitive edge in the market. The promise of 5G –more speed, greater efficiency and less latency will be a major push for connected things in the future. It is expected to be an enabler of next generation IoT and M2M applications such as augmented reality and self-driven vehicles.
Beefed up Security
The previous year was filled with news of data breaches in high end companies, with the latest one being the ransomeware- wannacry- attack that hit over 100 countries across the globe over desktops and mobile phones. This proves the telecom companies will lay more emphasis on security, as they realize the increasing vulnerability of infrastructure linking networks to attacks.
POTENTIALS OF THE NIGERIAN TELECOMS SECTOR
Potential increase in subscriber and operator base (Goodnews for lawyers as this translates to more clients)
Growing consumer awareness (More court cases)
Cyber security issues: Lawyers would be needed to prosecute offenders
Telecoms law isn’t yet a part of our educational curriculum especially at the undergraduate level
HOW STUDENTS AND YOUNG LAWYERS WHO ARE INTERESTED IN TELECOMS CAN BUILD CAPACITY
- Attend conferences and seminars on telecommunications law or such areas as cyber security, consumer rights protection and awareness etc.
- Follow telecoms companies, regulators (e.g NCC, NESREA, CPC etc) on social media
- Sit under the tutelage of telecoms scientists to familiarize with the jargons of the field
- Follow and read the works of telecoms law experts like Paul Usoro
- Do a masters in the field
- Enroll in online courses on telecoms
- Conduct personal research on the field
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