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THE ASSOCIATION OF L ICENSED TELECOMMUNICATIONS
OPERATORS OF NIGERIA
SUBMISSIONS ON THE DRAFT NATIONAL ENVIRONMENTAL (STANDARDS FOR TELECOMMUNICATIONS FACILITIES)
REGULATIONS 2010
The Association of Licensed Telecommunications Operators of Nigeria.
Submissions in Respect of NESREA’s Draft Environmental Regulations for the Telecommunications Industry
Page 2
TABLE OF CONTENTS
1. EXECUTIVE SUMMARY .......................................................................................................................................... 3
2. OVERVIEW OF OUR SUBMISSION ................................................................................................................. 5
2.1 Introduction ............................................................................................................................................................ 5
2.2 Background and Key Issues.......................................................................................................................... 5
2.2.1 The Imperative for Growth of Telecommunications Infrastructure in Nigeria.............. 5
2.2.2 The NCC’s Guidelines on the Technical Installation of Masts and Towers ................. 6
2.2.3 Perceived Negative Effects of Telecommunications Infrastructure on Health ........... 7
3. GENERAL COMMENTS ON THE NESREA REGULATIONS ........................................................... 10
3.1 Environmental Requirements for Siting and Installations of Telecommunications Base
Stations and MaSts/towers. ....................................................................................................................................... 10
3.2 Telecommunications Infrastructure in Residential Areas ............................................................. 13
3.3 Permissible Radiation Levels ...................................................................................................................... 14
3.4 Power Generator Guidelines and Standards: ..................................................................................... 14
4. RECOMMENDATIONS ON THE AMENDMENT OF THE NESREA REGULATIONS .......... 16
The Association of Licensed Telecommunications Operators of Nigeria.
Submissions in Respect of NESREA’s Draft Environmental Regulations for the Telecommunications Industry
Page 3
1. EXECUTIVE SUMMARY
ALTON welcomes the opportunity to make inputs into the proposed National
Environmental (Standards for Telecommunications Facilities) Regulations 2010.
As an association of responsible corporate citizens which continually encourages its
members to adhere to the best international standards in their operations, ALTON
recognizes that there are indeed genuine concerns over the environmental implications
of the operations of not only telecommunications operators, but also all major players in
other sectors of the Nigerian economy. In demonstration of its pivotal responsibility in
this regard, ALTON has given its full support to the NCC in the establishment of the
Guidelines on the Technical Standards for the Installation of Telecommunications Masts
and Towers, and ALTON will continue to ensure the establishment of, and adherence to
the highest possible standards of environmental best practice.
ALTON appreciates the need for NESREA to play a major role in the formulation of the
regulatory instrument which governs the environmental conduct of telecommunications
operators. In our view, since the NCC, as the sole statutory regulator of the
telecommunications industry has enacted guidelines of the installation of masts and
towers which is based on applicable international standards, there is no need for a fresh
set of regulations. Such fresh regulations would only aggravate the already complex
situation of multiple regulation in the industry.
Telecommunications masts and installations do not constitute any proven health hazards
to the society. Rather, the Nigerian economy requires speedier deployment of
telecommunications infrastructure to further consolidate the socio-economic benefits of
having an efficient communications infrastructure. The requirement for site-specific
Environmental Impact Assessment certification should therefore be reviewed in as much
as it would imperil the delivery of much-needed telecommunications infrastructure
required for national economic growth and development.
Operators have ensured that Nigerians continue to enjoy increasingly lower tariffs for
telecommunications products and services, notwithstanding the serious impact of the
global financial crises on their sources of funding and revenue, as well as the peculiar
and unrelenting challenges of the operating environment in Nigeria. The imposition of
additional obligations (which would further increase the cost of roll-out) will compel
operators to review their tariffs and charges upwards to accommodate the costs of
compliance with the obligations proposed in the draft Regulations.
The Association of Licensed Telecommunications Operators of Nigeria.
Submissions in Respect of NESREA’s Draft Environmental Regulations for the Telecommunications Industry
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It is acknowledged that NESREA may wish to make further provisions regarding peculiar
environmental issues which are not addressed to its satisfaction in the NCC’s
Guidelines. It is our view that these concerns can be properly addressed through a
review of the NCC’s Guidelines. This will eliminate the spectre of multiple and conflicting
Regulations, while guaranteeing the achievement of the mutually inexclusive objectives
of sustainable environmental practices and speedy growth of quality telecommunications
services.
The Association of Licensed Telecommunications Operators of Nigeria.
Submissions in Respect of NESREA’s Draft Environmental Regulations for the Telecommunications Industry
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2. OVERVIEW OF OUR SUBMISSION
2.1 INTRODUCTION
As a good corporate citizen and as an association of responsible licensees fully aware of their
individual and collective responsibilities to the sustainable development of the Nigerian
communications industry, the Nigerian polity and the wellbeing of esteemed Nigerian
subscribers in general, ALTON is pleased to make the following submissions on the current
exercise being undertaken by the Nigerian Environmental Standards Regulatory Enforcement
Agency (NESREA).
ALTON appreciates the efforts of NESREA to address the challenges of environmental
compliance. We also support initiatives which seek to respond to global warming, ensure the
preservation of the quality of life of the citizenry and the ecosystem, as well as engender public
confidence in the safety of telecommunications operations and installations nationwide. We take
the position that whilst these are laudable objectives, they can, and ought to be achieved within
a framework which guarantees the steady and sustainable growth of telecommunications
infrastructure as a key social overhead capital necessary to ensure national economic and
social development.
ALTON notes the concerns which arise from the deployment of telecommunications facilities
across Nigeria and identify with such valid concerns as there may be. This Submission makes
suggestions regarding the modalities for achieving a framework which guarantees the provision
of critical telecommunications infrastructures across the country whilst ensuring compliance with
environmental best practice. These comments are made in good faith, with the overriding desire
to contribute positively to the enthronement of excellent regulatory practices in the country.
2.2 BACKGROUND AND KEY ISSUES
2.2.1 THE IMPERATIVE FOR GROWTH OF TELECOMMUNICATIONS
INFRASTRUCTURE IN NIGERIA
Following the successful liberalisation of telecommunications and the successful auction of
GSM licenses in 2001, operators quickly realised that the existing infrastructure in the country
could not support their operations. In comparison with other developed countries, Nigeria lacked
the infrastructure required for the deployment of telecommunications services. Operators
therefore embarked on the accelerated roll out of core telecommunications network which
comprised of the infrastructure needed to support its operations in Nigeria.
We note that with just over 15,000 base station sites currently serving a population of over 150
million people in Nigeria and a teledensity of about 50%, we are yet to build the critical mass of
telephony towers and masts sufficient to meet Nigeria’s communications needs. In the UK, by
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Submissions in Respect of NESREA’s Draft Environmental Regulations for the Telecommunications Industry
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comparison, it is approximated that there were 52,500 base station sites at the end of 2009
serving a population of just over 60 million people at near market saturation. We therefore
require the construction of a minimum of 25,000 additional towers and masts in the next five (5)
years, even with an increasing emphasis on collocation and infrastructure sharing. With this in
mind, it would be noted that the continual evolution in technology will lead to the development of
leaner but stronger and environmentally friendlier infrastructure. We note further that the growth
in population, the demand for service and the constantly evolving changes to the demography
and topography creates an overriding need for service providers to accommodate these trends
in the design and roll-out of infrastructure. It is therefore imperative that telecommunications
sector-specific Regulations are forward looking to accommodate and support the inevitable
growth in the industry.
ALTON fully understands concerns regarding the growth of telecommunications infrastructure
and their environmental foot print and has sought to address these concerns in partnership with
operators and other industry bodies. We however believe there is a need to balance these
concerns with the need to ensure efficient service provision and counsel that the development
of the appropriate framework can only be achieved through the auspices of the Nigerian
Communications Act 2003 (NCA). Such a framework will engender the sustainability of the
environment while developing telecommunications Infrastructure for the continued socio-
economic growth of Nigeria through the provision of world class services to Nigerians.
In this regard, and with particular reference to the provisions of the NESREA Guidelines which
ostensibly requires operators to restrict the siting of telecommunications infrastructure in
residential areas, we wish to emphasise that telecommunications infrastructure are required in
every nook and cranny of the Federation. Service cannot be provided in an area if infrastructure
is not located within that area, or at least within its proximity. This will also ensure that operators
meet their universal service obligations and further ensure that telecommunications as a social
overhead capital, supports the efforts of Government at meeting the millennium development
goals by 2015.
We further wish to reiterate our concerns with regard to the retroactive nature of any proposed
regulatory intervention. We strongly recommend that any new requirements by way of EIAs or
EARs apply to new infrastructure and site builds.
2.2.2 THE NCC’S GUIDELINES ON THE TECHNICAL INSTALLATION OF MASTS AND
TOWERS
Pursuant to the provisions of Section 130 of the NCA (which specifically provides that the NCC
shall specify and publish to the general public, the technical code and specifications in respect
of communications equipment and facilities that may be used in Nigeria) and other sections of
the NCA, the NCC has articulated Guidelines for the Technical Installation of Masts and Towers
(the NCC’s Guidelines).These Guidelines provide detailed guidance on the subject matter for
the telecommunications industry and aims to address the concerns which NESREA’s current
efforts apparently seek to achieve. In particular, the Guidelines contain the technical code and
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Submissions in Respect of NESREA’s Draft Environmental Regulations for the Telecommunications Industry
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specifications for the promotion of safety of network facilities. It therefore adequately provides
for regulation of all issues and concerns affecting the telecommunications industry.
We acknowledge that NESREA may wish to address peculiarly environmental issues which it
considers as insufficiently addressed in the NCC’s Guidelines. We counsel that such concerns
should be addressed through a revision of the NCC’s Guidelines. We also believe that the
NCC, as the telecommunications industry’s sector-specific regulator is best placed to drive the
current review process as it has acquired the requisite technical knowhow and has full
understanding of the issues to be addressed as it concerns the telecommunications industry.
This, we suggest, is the best approach for achieving the much desired balance between the
promotion of best–in-class environmental standards and the attainment of qualitative service
delivery through optimal deployment of network infrastructure.
We therefore restate our position that the NESREA Regulations be reviewed and that
appropriate provisions be subsumed into the NCC’s Guidelines to address any additional
concerns which NESREA believes have not been adequately addressed by the NCC
Guidelines.
2.2.3 PERCEIVED NEGATIVE EFFECTS OF TELECOMMUNICATIONS
INFRASTRUCTURE ON HEALTH
ALTON notes that much of the apprehension over the siting of telecommunications masts and
towers is caused by lack of information and misinformation in some quarters. In fact, several
painstaking research reports by independent organisations such as the World Health
Organisation (WHO) have proven the safety of these installations beyond doubt. ALTON
members continue to ensure full compliance with all applicable Guidelines which assure the
continuous safety of our installations. As it would be noted, Base Stations are required to
transmit and receive radio signals from mobile phones and other wireless devices. Without a
Base Station in the subscriber’s vicinity, it would be impossible to make or receive calls and
maintain the call as the subscriber moves or drives around. The system of mobile
communication sustains calls by handing the subscriber over from the current Base Station to
the next one in the vicinity. If there is no Base Station within the vicinity of the the subscriber, a
a dropped call will be experienced. Uninterrupted mobile phone services cannot be
provided if Base Stations are not located within specified ranges of each other,
particularly in built-up areas.
The International Commission on Non-Iodising Radiation Protection (ICNIRP) sets
standards and makes safety recommendations for the guidance of the industry,
worldwide. Its Guidelines were endorsed by the WHO, and the European Commission
(EC). The ICNIRP Guidelines have been adopted by both the GSM Association (GSMA)
and the CDMA Development Group (CDG). The GSMA and the CDG are respectively the
international umbrella associations of GSM and CDMA operators worldwide. The safety
limits established by these Guidelines are applied by all operators and are monitored by
the Nigerian Communications Commission.
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ALTON would encourage all stakeholders to continue to stress the true position, to the effect
that although Mobile Phones and Base Stations emit radio signals that travel through air (or
space) as electromagnetic energy, such emissions are harmless. Household appliances such
as radio sets, televisions, remote door locks, light bulbs, computer systems and microwave
ovens also emit electromagnetic energy that similarly travel through the air. The emissions
from these household appliances as well as those from cellular phones and Base
Stations are classified as non-ionising emission (radiation), which are safe for humans.
These are in contrast to ionising radiation (such as X-rays and Gamma Rays) which can break
the chemical bonds in human biological structures and are therefore harmful to humans.
Indeed, the average human is exposed to lower levels of non-ionising emission from
cellular infrastructure than from many domestic appliances, such as microwave ovens
and televisions. The World Health Organisation has also declared that “the levels of RF
exposure from Base Stations and wireless networks are so low that the temperature
increases are insignificant and do not affect human health.[WHO: Electromagnetic fields
and public health Fact sheet N°304, May 2006]1
2.2.4 THE USE OF NESREA ACCREDITED CONSULTANTS AND THE CHARGES
PAID FOR SITE EVALUATIONS
ALTON notes with concern the current requirement that operators must use consultants that
have been accredited by NESREA to carry out and obtain Environmental Audit Reports (EARs).
Whilst the Association is not necessarily against the use of these consultants, we believe that
uniform minimum qualification/experience standards should be set and published for
environmental consultants which operators should use as a guide when engaging such
consultants. It is pertinent to note that the costs of engagement in this regard should be kept at
a minimum.
Currently, the official fee charged by the accredited consultants to carry out site evaluations for
the EAR ranges between N80,000.00-N100,000.00 per site. This fee is exclusive of
miscellaneous expenses such as transportation, accommodation e.t.c. which Operators bear
each time consultants are engaged to carry out site evaluations or attend public hearings.
In regard to obtaining EIAs, Operators are required to pay N10,000.00 and N240,000.00 for the application fee and project registration fee respectively. This fee is exclusive of miscellaneous charges such as logistic fee, cost of study fee, advertisement, public review fee and final
1 Further information can be obtained from the websites of the following organisations:
International Commission for Non-Ionizing Radiation Protection (ICNIRP) www.icnirp.de
World Health Organization International Electromagnetic Fields Project (WHO -IEFP) www.who.int/peh-emf
(also at http://www.who.int/mediacentre/factsheets/fs304/en/index.html
Mobile Manufacturers Forum www.mmfai.org
The Institute of Electrical & Electronic Engineers www.ieee.org
The United States’ Federal Communications Commission (FCC) http://www.fcc.gov/oet/rfsafety/rf-faqs.html
The International Agency for Research on Cancer www.iarc.fr
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certification fee. ALTON is of the opinion that these miscellaneous expenses should not be borne by Operators and an administrative charge should be imposed to replace official fees for obtaining EARs and EIAs. The administrative charge should be made to cover the costs of transportation, professional fees meals and administrative work. ALTON recommends that a maximum administrative charge of N50, 000.00 should be charged to Operators when obtaining EIAs or EARs. Furthermore, ALTON will require some clarity from NESREA in respect of the fees that applies to obtain the Environmental Compliance Certificate referred to in Section 5 of the draft regulation. As stated above, this fee should be minimal and Operators should not be liable for further costs incurred by NESREA in verifying audit reports as operators already have to incur substantial costs in engaging consultants to audit and prepare the report in the first instance. In this regard, we wish to emphasize that operators have ensured that Nigerians continue to
enjoy increasingly lower tariffs for telecommunications products and services, notwithstanding
the serious impact of the global financial crises on their sources of funding and revenue. This is
further exacerbated by the peculiar and challenges of the operating environment in Nigeria,
which have so far remained unaddressed. The imposition of these present additional obligations
(which would further increase the cost of roll-out) will compel operators to review their tariffs and
charges upwards to accommodate the costs of compliance with the obligations proposed in the
draft Regulations.
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3. GENERAL COMMENTS ON THE NESREA REGULATIONS
With the above background, we make the following general comments on the draft Regulations.
3.1 ENVIRONMENTAL REQUIREMENTS FOR SITING AND INSTALLATIONS OF
TELECOMMUNICATIONS BASE STATIONS AND MASTS/TOWERS.
a. As noted above, the current stage of telecommunications network infrastructure requires expedited roll-out of telecommunications facilities, if Nigerians are to continue to be able to have access to high quality telecommunications services. We are concerned that the requirement for site specific Environmental Impact Assessments, the submission of Environmental Impact Statements and Environmental Evaluation Report would result in significant delays in the roll out of sites and other critical infrastructure.
Presently, operators are able to deploy telecommunications infrastructure within an average of four to six weeks. The requirement for site-specific EIAs will prolong the turn-around time for site deployment. It is noted that the provisions of the EIA Act requires the following steps for the conduct of an EIA:
i. Submission of an Application form and terms of reference
ii. Review and approval of terms of reference
iii. Publication of terms of reference for comments by the FME
iv. Consultation with stakeholders and engagements on the terms of reference by the FME
v. Feedback on consultation with stakeholders
vi. Screening or mandatory study and the preparation of a screening report
vii. Inspection of site and environmental assessment process
viii. Mandatory study and assessment by review panel of the FME
ix. Hearing by panel
x. Decision of the panel
xi. Design and implementation of a follow up program
With this process, it would take a minimum of 9 to 12 months to procure an EIA prior to commencing the deployment of a single site which by contrast, this currently takes an average of 4 to 6 weeks. If we consider that a proper environmental impact assessment can only be achieved when evaluations are conducted in the dry and rainy seasons, procuring an EIA may now take between 12 to 18 months. In view of the fact the provision
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of telecommunications services is critical to the security, economic and social well being of Nigerians and the obvious impact of the failure to deliver this critical utility, we cannot overemphasise the need to ensure that operators can continue to deploy services within projected time frames. It is in recognition of this fact that the entire undertaking is subjected to EIA certification without need to certify specific sites. We note that telecommunications sites are an interwoven network of identical components which form an integral part of a single undertaking, i.e. the provision of telecommunications services.
b. To sustain the current growth rate and thereby guarantee quality services to all Nigerians irrespective of their geographic locations, network operators will be required to deploy an average of 500 sites monthly. It is obvious that this level of growth cannot be achieved if every single site has to be subjected to a distinct EIA process.
c. We are highly concerned that the requirement for site-specific EIAs introduces an additional layer of regulation to an industry already beleaguered by such subjective obstacles such as shortage of power and requisite transmission infrastructure and will hinder the roll out of qualitative services to millions of Nigerians across the country.
d. As noted in 2.2.4 above, operators have ensured that Nigerians continue to enjoy
increasingly lower tariffs for telecommunications products and services, notwithstanding
the serious impact of the global financial crises on their sources of funding and revenue,
as well as the peculiar and unrelenting challenges of the operating environment in Nigeria.
The imposition of these present additional obligations (which would further increase the
cost of roll-out) will compel operators to review their tariffs and charges upwards to
accommodate the costs of compliance with the obligations proposed in the draft
Regulations.
We are also concerned that the said directive is industry-specific and is addressed to an industry already overburdened with multiplicity of taxes and regulations. We note in this regard that the telecommunications industry in Nigeria is highly regulated beset by multiplicity of regulation and oversight from all tiers of government on a nationwide basis.
We strongly believe that the telecommunications industry should not be singled out from all sectors of the economy and made to conduct site specific EIA whilst other sectors of the economy are not held to this same standard. We note that the installation of masts and towers and similar infrastructure are undertaken by other sectors of the economy such as the banking, manufacturing and the power sectors. For example, we are aware that the PHCN undertakes the deployment of more extensive and potentially more dangerous network of pylons, towers structures than the telecommunications industry as a whole. We note that these organizations particularly the PHCN are not required to undertake site specific EIAs.
3.2 RECOMMENDATIONS AS TO SITE SPECIFIC EIA
To mitigate the particularly onerous implications of this requirement, we would require the following accommodation:
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Scope:
In the first instance, we strongly recommend that the requirement of global EIA be reverted to taking the whole of each operator-network as a single project. The premise of such an exercise is the fact that every base station erected is the same regardless of its location. This option obviates all perceived challenges which a site specific EIA will pose to current network operations. This should be revalidated every 5 years taking into account new sites built in the interim.
In the event that this is not acceptable to the Commission and the Minister, we would advise that EIAs be conducted on a regional basis taking into account the peculiar topography of the various parts of the Nigerian terrain. We would opt for the 6 geopolitical zones encompassing a minimum of 6 congruent states with similar climates, environments and topography.
Further where there is any particular insistence on environmental requirements for the telecoms sector, we positively recommend the application of environmental compliance requirements such as the site specific EIA to all industries involved in erecting structures such as pylons, towers and masts.
Transparency:
Stakeholder engagement in determining minimum environmental standards for the industry and other industries involved in erecting structures
Due publication of such minimum standards
Due publication of criteria to be used in evaluating the acceptable environmental standards to be observed with reference to an EIA
Process: we recommend the following -
An application is made by an operator to the FME providing the proposed site details and coordinates for prospective sites in the specified region.
Within 7 days thereafter, a team made up of representatives from the FME, NCC, NESREA and the operator concerned should visit sample sites in the applicable region and evaluate compliance requirements as duly stipulated with regard to region
During the site visits, community hearings could be held to address any issues that may arise therefrom. An EMP should be able to address issues arising in this respect
After an evaluation of the said site has been conducted, the Federal Ministry of Environment should within 2 weeks from the end of the said 7 days, give or refuse approval for the site.
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Failure to receive any feedback from the Ministry of Environment within 30 days from the date the application is made would be taken to be a deemed approval
Operators build the sites complying with state planning requirements, NCC Technical Standards and applicable NCC Guidelines and published environmental standards
Timing:
EIA approvals should be procured within a timeframe of 21 to 30 days.
Cost
As stipulated in 2.2.4 above..
3.3 TELECOMMUNICATIONS INFRASTRUCTURE IN RESIDENTIAL AREAS
With reference to restrictions in areas designated as residential, it would be noted that the
reality of usage and topography in such areas may have no bearing on the designation. Traffic
patterns follow demographic concentrations rather than area designations. As such, the
restrictions need due revision to reflect the true topography of specific areas. As an example,
Victoria Island in Lagos State is a traditionally designated residential area that has evolved
into a predominantly commercial business district. Wuse II, Abuja would appear to be evolving
in the same manner.
We note that due cognisance should be taken of evolving demographics over the 25 year
lifespan of a tower or mast. Areas that were initially sparsely populated could easily become
densely populated over time leading to the violation of requirements such as setback distance
and height specifications. In many instances, operators are unable to comply with the
proposed set back of 12 or 10 meters from the wall of residential premises, schools and
hospitals. Given the peculiarities of Nigeria and the lack of proper development and planning
in most parts of the country, there are severe constraints in attaining the said setback. This is
particularly so in high density areas of most towns and cities. No law prevents the building of
residential and other premises within any designated range of telecoms and other
infrastructure. Would operators be required to remove lawfully sited towers and masts
found to be in contravention of the Guidelines where the neighbouring premises are
built after the installation of the infrastructure?
The unintended effect of the draft Regulations, operational exigencies and the lack of suitable
alternatives would undermine the current efforts of service providers to ensure adequate
coverage, reduce congestion, improve Quality of Service while seeking to meet the overly
stringent compliance requirement of the Regulations. Suffice it to say, operators should not be
held liable for failing to meet Quality of Service standards in high density areas if they are
hamstrung from responding to traffic exigencies promptly and appropriately.
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3.4 PERMISSIBLE RADIATION LEVELS
With reference to permissible radiation levels, we wish to further stress that
telecommunications equipment and installations (including Base Stations) are manufactured
by members of the global telecommunications equipment and handset manufacturers’
Association, the Mobile Manufacturer’s Forum (MMF). Members of the MMF also comply with
the International Council on Non-Ionizing Radiation Protection (ICNIRP) guidelines, World
Health Organisation and the International Telecommunications Union recommendations.
Furthermore such equipment and installations (together with mobile handsets sold by Nigerian
operators) are type-approved by the NCC to certify their compliance with international
standards such as the Electromagnetic Field (EMF) thresholds set by the ICNIRP guidelines.
As such, telecommunications equipment deployed in Nigeria do not pose any health
threats as detailed in 2.2.3 above.
3.5 POWER GENERATOR GUIDELINES AND STANDARDS:
ALTON acknowledges the need for the investment and development of sustainable alternative
energy sources. We are therefore actively engaged, in association with operators and other
industry bodies such as the GSM Association (the Global body for the GSM industry) and the
CDMA Development Group (CDG), to achieve a more environmentally friendly framework for
the limitation of the carbon footprint of these power sources.
We are however concerned that the draft Regulations would seek to single out the
telecommunications industry for the imposition of more stringent standards for the use of
generators in an economy that is characterised by incessant power failure. Private sector
operators across all industries in Nigeria are burdened with generating alternatives to meet
their power needs. We believe that the deployment of generating sets towards the provision of
the essential social service of telecommunications should not be subjected to special
standards over and above the rest of the country. The telecommunications industry continues
to strive to fulfill the crucial responsibility of providing 24-hour telecommunications connectivity
to the Nigerian populace and exert its best efforts towards achieving the Nigerian
telecommunications policy goal of universal service provision despite the failed national power
infrastructure. It would therefore be counter-productive to single out the industry for specific
power generation regulation when its generators are no different from those used by other
sectors or the Nigerian populace.
With regard to the set back of 8 or 15 meters for generating sets we refer to our comments in
paragraph 3.2 above and wish to reiterate our concerns with the unavailability of suitable sites
which will allow operators comply with this requirement, particularly in urban and high density
areas, given the peculiarities of Nigeria and the lack of proper development and planning in
most parts of the country. Determining setbacks in this regard is a structural issue which
should be determined empirically with reference to civil engineering best practices.
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4. RECOMMENDATIONS ON THE AMENDMENT OF THE
NESREA REGULATIONS
Section Issues Implications Recommendations
Section 5 states that:
Telecommunications
masts and towers
shall be erected and
operated in
compliance with the
provisions of the
Environmental Impact
Assessment Act, Cap
E12, Laws of the
Federation of Nigeria,
2004 in addition to the
submission of site
specific environmental
impact statements to
the Agency
The EIA exercise is
undertaken in two
seasons or a minimum of
nine months. This implies
that the construction of a
site will be completed
between 10 to 14 months
as against the present
timeline of about four
weeks.
This would delay
roll out of planned
sites leading to
either a protracted
delay in the
provision of service
to un-served areas,
or the complete
absence of
telecommunications
service in those
areas. It would also
negatively impact
on Quality of
Service delivery.
The industry does
not object to the
requirement that
national
telecommunications
operations be
subject to a global
EIA report. Site-
specific EIAs are
however
unnecessary, since
all cell sites are part
of the same
operations which
have been approved
in initial EIA reports.
Further, the
structures erected
are of the same type
and specification
duly addressed in
the NCC Guidelines
on Towers and
Masts.
Also, an EIA report
issued before the
building of a site will
not of itself assure
that the subsequent
operation of the site
would be
environmentally
compliant. Thus, an
Environmental
Management Plan
after the fact should
ensure any
attendant
environmental
issues highlighted in
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Section Issues Implications Recommendations
the global report are
duly addressed.
To ensure that
NESREA is able to
perform its statutory
monitoring role, it is
recommended that
representative
sampling of sites be
adopted.
This provision
should therefore be
excluded.
Section 5 (3) without
prejudice to the NCC
Guidelines ……
This provision
appropriately recognizes
the NCC as the statutory
authority regarding the
subject matter.
Two regulatory
agencies, NCC and
NESREA are to be
involved in
certifying
installation of
masts.
There will be
duplication of
approval process on
installation with its
attendant delays
and cost to
operators. Both
agencies need to
harmonise their
views and
determine which
should be
responsible for this
exercise.
(e) to comply with all
extant natural
resources
conservation laws,
regulations &
guidelines with regard
to sitting of its facilities
near ecologically
sensitive areas, etc
(f) shall adopt stealth
&/or camouflage
designs of mast and
towers to reduce their
visual impacts
There is no clear
indication of the
geographical or other
areas where camouflage
masts should be installed.
If adopted this
provision will
require operators to
install camouflage
masts everywhere.
The huge financial
cost of doing this
will make it
impossible for
operators to sustain
the current tariffs
for their services
and will take
telecommunications
services out of the
reach of most
International best
practice advises the
installation of
camouflage masts
in specified
reserved areas only.
This should
continue to be
applied by operators
at the discretion,
subject to the
regulatory oversight
of the NCC.
NESREA should
also be entitled to
make
recommendations in
The Association of Licensed Telecommunications Operators of Nigeria.
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Section Issues Implications Recommendations
Nigerians. this regard on a
case by case basis.
This provision
should be excluded.
Section 5 (4) creates
additional
requirements for all
new Facilities located
in residential
premises, schools and
hospitals
This proposal fails to take
into consideration the
need to provide service
along the lines of
demography and the
realities with respect to
availability of sites within
these built up areas. The
provision of services in
these areas will be greatly
affected. The provision
also fails to take into
account the practical
reality that access to
emergency assistance
and services is and will be
to a large extent
dependent on the
availability of mobile
telephony.
This provision
should not be
applied
retroactively.
This requirement
should apply to only
new site builds with
due
accommodation
being made for the
many locations
where the provision
cannot be met. For
this reason we
recommend that
this provision
should be revised to
read “where
possible operators
should …… “
Section 6 states that
abandoned
masts/towers are
threats to health and
safety; and that such
shall be removed.
There is no statement on
duration and conditions
/classification of
abandonment in the EIA
Act which the section
refers to.
The EIA Act merely
requires a proponent to
develop a
decommissioning plan.
However, the NCC
Guidelines classify
abandoned towers as any
tower not in use for up to
three years and
prescribes a process for
decommissioning.
The NCC
Guidelines fill a
lacuna in the EIA
Act. The provisions
of the NCC
Guidelines are also
more in tune with
current realities and
should continue in
force.
The more detailed
provisions of the
NCC Guidelines
should continue to
apply. There is no
need to include this
provision in the
NESREA regulation.
Section 7
(Environmental Audits
ALTON does not object to
monitoring by NESREA at
. The NCC’s
Guidelines may be
The Association of Licensed Telecommunications Operators of Nigeria.
Submissions in Respect of NESREA’s Draft Environmental Regulations for the Telecommunications Industry
Page 19
Section Issues Implications Recommendations
& Inspection of
Masts/Towers)
requires that :
(I )All telecom facilities
shall be subject to
routine environmental
monitoring and
inspection by the
Agency
its own cost and
discretion, subject to prior
notice being given to
operators to and formal
accreditation/authorization
of the relevant personnel.
This will ensure that
operators are able to
make necessary
arrangements for the
reception of the officials.
In this regard we note that
the NCC’s monitoring and
investigation activities do
not have any cost
implication on the
industry.
In accordance with the
principles of good
regulatory practice,
environmental
requirements must be
duly published and should
not be applied
retroactively
amended to
recognize
NESREA’s statutory
powers to carry out
inspections, for the
avoidance of doubt.
There should be no
cost implications on
the industry in the
course of
NESREA’s
monitoring and
enforcement
activities.
The insertion of a
requirement that “all
operational sites in
existence will be
permitted to stand.
Operators will be
obliged to use their
best endeavours to
mitigate any
environmental
issues in accordance
with an agreed
EMP”.
(ii) All telecom
facilities shall be
subject to
environmental audit
once in every three
years
The EIA Certificate
obliges the certified
operation to be
subject to
continuous review.
The NCC
Guidelines should
recognize this fact
and encourage
operators to
establish an
The Association of Licensed Telecommunications Operators of Nigeria.
Submissions in Respect of NESREA’s Draft Environmental Regulations for the Telecommunications Industry
Page 20
Section Issues Implications Recommendations
Environmental
Management Plan
(EMP) to ensure a
self-managed
compliance
framework.
NESREA will of
course continue to
exercise its statutory
power of inspection
and monitoring.
The NCC’s
Guidelines should
be amended to
reflect the above
comments
Section 8
(Permissible
Radiation Level):
Radiation exposure
level for occupational
staff on site & for the
general public shall
conform to all extant
standards, regulations
and also with the
permissible limits
approved for telecom
facilities by ICNIRP,
etc
The provision assumes
that BTS sites give off
harmful radiation. This is
not true, and NESREA
should be wary of
encouraging sentiments
which have been
scientifically disproved
and which heightens
public hysteria on the
issue. ALTON
nevertheless encourages
all operators to adhere to
the ICNIRP Guidelines
and other applicable
international standards.
The NCC
Guidelines should
affirm compliance
with the ICNIRP
Guidelines and
other applicable
international
standards.
NESREA should be
encouraged to align
itself with the
ICNIRP Guidelines
in accordance with
international best
practices. NESREA
may also wish at
their cost and in
conjunction with the
NCC monitor if
operators are
complying with the
ICNIRP Guidelines
in this regard from
time to time. I
however believe this
should be left to the
NCC who are
currently
undertaking a
The Association of Licensed Telecommunications Operators of Nigeria.
Submissions in Respect of NESREA’s Draft Environmental Regulations for the Telecommunications Industry
Page 21
Section Issues Implications Recommendations
similar study in
Abuja.
Section 9 (Power
Generator Guidelines
and Standards):
As much as possible,
environmental friendly
power source such as
solar, hydro, wind, etc
shall be encouraged,
Standards and
permissible levels for
generator setback,
noise level, vibration,
smoke and all forms of
pollution as outlined
here-in shall not be
exceeded:
While containing laudable
objectives which all
stakeholders should
aspire to, it is necessary
to more realistically take
cognizance of the
operating environmental
and the huge costs of
implementing such
recommendations so as
not to impose onerous
conditions on
telecommunications
operators which are not
applicable to other users
of generating sets in
Nigeria.
Sets sector specific
regulations with
regard to power
generation and
unfairly singles out
the telecom sector
for compliance over
and above all other
industries such as
the manufacturing,
banking, service,
hospitality sectors
and other utilities.
The provisions of
the NCC Guidelines
in this regard should
be retained or
amended. Any
regulations which
seek to address
power concerns
should be holistic
and apply to all
industries.
Where NESREA is
seeking generating
set compliance,
separate power
generator guidelines
and standards
should be set to
apply to all users of
generators in
Nigeria.
(2) Power
Generating
sets shall
have a
minimum
setback of 15
meters from
water source
The mischief this
provision is setting out to
address is not clear.
Water sources exist
everywhere in view of the
ground water table and
the flow to any apparent
surface water. The extent
to which it is sought to
prevent any seepage is
determined by the
permeability and porosity
of the ground soil or rock.
The proposed setback
does not address this
issue.
The provision adds
no value.
The NCC
Guidelines amply
specify the nature of
foundation required
to offset and carry
telecom structures
and adequately
provides for a site
foundation that
seals off the ground
soil or rock from
structures such as
generators placed
on top of such a
foundation.
This provision
should be excluded.
(3) (a) Electric
power
generating
In instances where a
building was constructed
after the installation of the
Setbacks are
structural issues
which should be
We recommend that
the NCC’s
Guidelines should
The Association of Licensed Telecommunications Operators of Nigeria.
Submissions in Respect of NESREA’s Draft Environmental Regulations for the Telecommunications Industry
Page 22
Section Issues Implications Recommendations
sets located
within
telecommunic
ation base
stations must
be sited not
less than 1m
or 6 m away
from all
demised
property
excluding the
fence
base station and its
generating set, it will be
inequitable to insist on this
prescription.
Furthermore, Par. 3(5) of
the NCC’s Guidelines
makes detailed provisions
in this regard. Those
provisions should
continue to apply.
Also, are operators to be
penalised where building
standards with respect to
demised properties are
not adhered to e.g. the
required setback of such
properties from perimeter
fences
determined
empirically.
This requirement
should not be
applied retroactively
but to only sites
built as from the
date of
commencement of
the FME
regulations.
continue to apply.
For clarity, the
Guidelines should
specify that where a
building is
constructed after the
installation of the
base station and its
generating set, the
Operator is
expected only to
redirect the exhaust
of the said
generating set from
the general direction
of the building. Due
guidance can also
be provided with
reference to civil
engineering best
practices.
This provision
should be modified
as above and
included in the NCC
Guidelines.
(3)(b)All electric
power
generating
sets shall be
sound proof,
and shall
conform to the
Agency’s
guidelines for
permissible
noise level;
Ref schedule
1
It should be noted that
given the poor state of
power supply in Nigeria,
cell sites constitute only a
small fraction of the
sources of generator
noise. It would therefore
be inequitable to specify a
different standard for
telecommunications
operators. Furthermore,
the recommended noise
level is considered too low
and unrealistic when
compared with what
obtains in other countries.
Generators with such
decibels are not readily
available in the market.
Where such generators
Adoption of this
recommendation
will inordinately
increase the cost of
service provision
and overburden
operators.
This provision
should be excluded.
If NESREA however
considers that the
currently prescribed
noise levels are
inappropriate,
NESREA should
commence a review
of the generally
applicable
recommended noise
levels.
(a) See tables
below for Japan,
India and some
cities in Pakistan
below as
recommended by
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Submissions in Respect of NESREA’s Draft Environmental Regulations for the Telecommunications Industry
Page 23
Section Issues Implications Recommendations
are available, the cost is
about three times over
that of the regular sound
proof generators currently
being deployed.
See table below for
FEPA and NESREA
recommended noise
levels
NESREA
counterparts in
those countries,
(b) detailed study
on the subject.
.
(3)( c) All electric
power
generating
sets shall be
installed with
appropriate
shock
absorbers to
minimise
vibrations to
the
environment
and adjacent
facilities
Same comments as
above
Same
recommendations
as above
(3)(d)The exhaust
of all electric
power
generating
sets shall not
be directed
towards any
demised
property
same comments as in
respect of 6(1) above
Same comments as
in respect of 6(1)
above
Same comments as
in respect of 6(1)
above
(3)(e)Stack
monitoring of
power
generator
exhaust
emissions
shall be
carried out
once every
month and the
This provision
should be included
in the NCC
Guidelines.
The Association of Licensed Telecommunications Operators of Nigeria.
Submissions in Respect of NESREA’s Draft Environmental Regulations for the Telecommunications Industry
Page 24
Section Issues Implications Recommendations
record shall be
entered into
the
maintenance
log book of the
facility
(3)(f)Emission
levels from the
generator
exhaust shall
conform to the
Agency’s
guidelines on
permissible
limits for noise
and air quality
standards in
Nigeria.
No Issues
NESREA to confirm
applicable standard
to S.1.9 of 1991:
Pollution
Abatement in
Industries,
industries
Generating Wastes
Official Gazette,
Federal Republic
of Nigeria No 42,
Vol 78, 20th
August, 1991. (4)
(3)(g)Waste oil,
sludge and oil
filters from
electric power
generating
sets shall be
handled and
disposed of in
accordance
with the
relevant laws
and
regulations of
the Federal
Republic of
\Nigeria and
amendments
thereof, for
handling and
disposal of
hazardous
waste
Ditto
NESREA to confirm
applicable standard
to S.1.8 of 1991:
National Effluent
Limitation Official
Gazette Federal
Republic of Nigeria
No 42, Vol 78,
August, 1991.
(3)(h)Liquid
effluents and
any other
Ditto NESREA to confirm
applicable standard
to FEPA Act (Cap
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Page 25
Section Issues Implications Recommendations
liquid wastes
or oily waste
water shall be
handled and
disposed of in
conformance
with
authorised
guidelines and
regulations
issued by the
Agency.
131 LFN) National
Environmental
Protection
(Effluent
Limitations)
Regulations
requires every
industry to
manage chemical
discharges from
their operations
(3)(i)Waste
batteries and
related solid
wastes from
maintenance
of power
generating
sets shall be
disposed of in
accordance
with the
relevant
guidelines and
regulations
issued by the
Agency.
Ditto NESREA to confirm
applicable standard
to S.1.15 OF 1991:
Management of
Hazardous and
Solid Wastes
Official Gazette,
Federal Republic
of Nigeria, No 102,
Vol 78, 31st
December, 1991
Section 10
Enforcement:
(10.(1)When there is
non-compliance
with the provisions
of the NESREA
Regulations, the
Agency is
empowered to
notify the facility of
such non-
compliance,
reinspect the site
for compliance
after 7 days from
notification and
issue a notice
The establishment Act
empowers the Agency to
carry out inspection of
telecom facilities to
determine compliance and
also apply sanctions in
instances of non-
compliance
We note the event of
inspections and re-
inspections by NESREA.
A general offence for
violating all manner of
types of provisions
(informative, prescriptive,
declaratory, etc) as
There is a need to
ensure due
transparency,
fairness and due
process in effecting
inspections. Thus
there is a need to
provide due notice
of such inspections.
Further the
notification is to the
site and not the
operator with a 7
day period provided
for compliance.
The premise upon
which a security
The NCC’s
Guidelines are to be
amended to
acknowledge
NESREA’s powers
in this regard, whilst
stating that the
Agency will
endeavor to give
reasonable notice
prior to inspection.
We believe that in
line with
international best
practices, operators
should be served at
their place of
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Page 26
Section Issues Implications Recommendations
directing
compliance where
violation persists
(10)(2)&(3) the
creation of
offences of non-
compliance and
obstructing
NESREA.
contained in the NESREA
regulations is largely
ambiguous and
amorphous.
guard is to sign a
binding
acknowledgement
of receipt on behalf
of an operator is yet
to be established.
business with due
notice not the site
which is inanimate.
Any offence created
should be clear and
unambiguous
FEPA Recommended Noise levels
Recommended Noise Level by NESREA Environment/Habitat Permissible Noise levels (decibels)
Daytime (6am-10pm)
Night time (10pm-6am)
Residential Areas 50 35
Hospital and schools 45 35
Commercial areas 55 45
Environmental Quality Standards for Noise in Japan Category Area Affected Sound Level dB(A) AA Areas, which require particular Day time Night
The Association of Licensed Telecommunications Operators of Nigeria.
Submissions in Respect of NESREA’s Draft Environmental Regulations for the Telecommunications Industry
Page 27
quietness, For instance. For instance areas where medical facilities are concentrated
6-22hrs time 22-6hrs
A Exclusive residential area
General Area 50 or less
40 or less
Area facing roads with two lanes or more
60 or less
55 or less
B Area which is mainly for residence
General Area 55 or less
45 or less
Area facing roads with two lanes or more
65 or less
60 or less
C Commercial & Industrial areas
General area 60 or less
50 or less
Special Case
Area facing trunk road (heavy Traffic lanes) 70 or less
65 or less
Ambient Noise levels (Leq) Applicable in India Area Code
Category Environmental Noise standards Leq dB(A)
Day Time Night Time A Industrial Area 75 70 B Commercial Area 65 55 C Residential Area 55 45 D Silence Zone 50 40
Noise levels in Different Cities of Pakistan S.No Cities Name Max. Recorded
Noise level dB(A)
Min. Recorded Noise level dB(A)
Average
1 Gujranwala 100 41 72.5 2 Faisalabad 100 47 72 3 Islamabad 104.5 47 72.5 4 Rawalpindi 108.5 48 72.5 5 Karachi 88.5 62.4 76.5
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6 Peshawar 708.5 68.2 86