* Mba |
By Christy
Nnochiri
The National Broadcasting Commission, NBC
Director-General, Mr. Emeka Mba claims lack of funds, planning are reasons why
Nigeria failed to meet the International
Telecommunications Union, ITU, deadline on digital switch-over from analogue
transmission.
But Mba fails
to tell Nigerians, that he has not set up regulations or guidelines for the regulatory
body to ensure a seamless transition from analogue to digital terrestrial
broadcasting transmission.
Mba claims that the major reason why Nigeria was not able
to switch-over was due to late planning,
and absence of funding for infrastructure and Set-Top Boxes.
Indeed, from
all indications, unless immediate action-plan
is put in place, the new deadline of June 20, 2017, for the switchover may pass
by and nothing would be achieved.
Currently,
the broadcasting regulatory body and Mba are enmeshed in a costly litigation where both
parties are being accused of engendering
confusion in the sector, flouting due process, undermining transparency,
regulatory integrity and public trust
In suit no
FHC/CV/2014, at the Federal High Court, Abuja Division, Pinnacle Communications
Limited, licensed as the second
terrestrial digital signal distributor and carrier, NBC and Mba are accused of breaching the rules and regulations set out in
the Federal Government White Paper On
Transition From Analogue To Digital Terrestrial Broadcasting In Nigeria, April
2012.
Pinnacle
Communications, the plaintiff in the suit further alleged that NBC and Mba had
been acting arbitrarily, without due process and
contrary to the rules, regulations, terms and conditions in the bid document,
the Request For Proposal, RFP, and advice of the Presidential Advisory
Committee on analogue to digital switchover.
Other
defendants in the suit includes the Attorney-General of the Federation; MTS
Communications Limited; Details Nigeria Limited, (GoTV); and NTA-Star Network
Limited, (Startimes)
Pinnacle
Communications Ltd in its statements of claims argued that NBC and Mba flouted
its own RFP rules by awarding a single
license for terrestrial signal distribution, satellite direct to the home (DTH)
and content aggregation services to MTS
Communications Limited, the license according to the bid contract that was meant to be exclusive to Pinnacle Communications
Ltd
NBC and Mba
also issued same license to GoTV ,
subsidiary of Multichoice for both
content production and terrestrial signal distribution contrary to FG White
Paper and RFP on the subject matter
NBC and Mba
cited as first and second defendants in the suit also issued authorisation to Startimes to
carry on business as terrestrial signal
distributors.
Pinnacle
Communications Ltd arguing its case stated that the FG White Paper recommended
that Only two signal distributors are to be licensed initially until market conditions require additional
signal distributors as the Market cannot sustain or accommodate more than two
terrestrial signal distributors, as confirmed by FG, Digiteam – Presidential
Advisory Committee and NBC – thus
arriving at decision to award only two licenses initially
Pinnacle
further stated that NBC and Mba offered it
a provisional terrestrial digital signal
distribution license instead of a full license in accordance with the
licensing framework
Pinnacle which further accused Mba of abusing public
trust and acting in such a manner to favour GoTV where he appears to have interest
are asking for damages of N1, 274,076,00
– One trillion, two hundred and seventy-four billion, seventy-six million naira;
Refund of costs and expenses; Exemplary damages of N10 billion for exemplary
damages for fraudulent manipulation of an open bidding process and manipulation
of public trust in regard too licenses, approvals and or authorisations. The next hearing of the
suit has been fixed for October 20, 2015
Nigeria is
among the 52 other African countries that belong to the Region One of the
ITU, that have failed to meet the June 17, 2015 deadline to complete the
implementation of their transition programmes from analogue to digital
terrestrial television deadline.
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