THE new telecommunications law recently signed by President Olusegun Obasanjo has stripped the communications minister of some erstwhile crucial functions.

The new Act of Parliament was signed by the President on July 8. The Act repeals Decree 75 of 1992 under which the Nigerian Communications Commission (NCC) was set up.

The NCC Decree 75 of 1992, as amended, had granted the communications minister or his appointee, the power to supervise the NCC and endorse licences before they are issued. It also gave the minister responsibility for the management and allocation of Frequency Spectrum to operators in the telecom sector.

The minister was also responsible for policy matters and served as signatory to the international inputs into the setting of technical standards for communications services and equipment.

But by the provision of the new law, the minister has been stripped of all these functions except the formulation of policies, with the advice of the NCC.

Frequency allocation issues are now the prerogative of the NCC and the National Frequency Management Council (NFMC) of which the minister is not a member. It used to be handled by the ministry's Technical Services Division (TSD).

The NCC chief executive and his board used to report to the minister but the new law prescribes that the NCC board and its managers report to the Presidency.

The new law, which went through the two chambers of the National Assembly, grew out of a bill sponsored by the executive branch and a private member bill sponsored by Chief Nduka Irabor, former Chairman, House of Representatives Communications Committee.

Prior to presenting the bills for debate on the floor of the two chambers of the National Assembly, a team of lawyers led by newly-appointed Senior Advocate of Nigeria (SAN), Mr. Paul Usoro, went through the document and made various inputs.

Indeed, Usoro served as consultant to the chambers of the National Assembly on the matter.

By the new law, the NCC is to formulate and manage Nigeria's inputs into the setting of international technical standards for communications services and equipment according to Chapter II Part 1(4)(m).

The NCC, under Chapter II Part (4)(r), has as responsibility the "designing, managing and implementing universal access strategy and programme in accordance with Federal Government's general policy and objectives there on."

It is also to advise the minister on the formulation of general policies for the communications industry and generally on matters relating to the communications industry in the exercise of the minister's functions and responsibilities under this Act.

The NCC is to implement government's general policies in communications industry and the execution of all such other functions and responsibilities as are given to the commission under this Act or are incidental or related howsoever thereto.

NCC is also empowered by the new law to represent Nigeria at proceedings of international organisations and fora on matters relating to the regulation of communications and anciliary matters.

All of these functions used to be carried out by the Ministry of Communications or its nominee.

Chapter III Part (23) a-c list the minister's functions as:

The broad objective of the Act "is to create and provide a regulatory framework for the Nigerian Communications industry and all matters related thereto and for that purpose and without detracting from the generality of the aforementioned.

It seeks among others the promotion of the National Telecommunications Policy, which is the precursor to the emergence of the Global System of Mobile Communications (GSM) services.

The law also seeks to protect the rights and interest of service providers and consumers within Nigeria and "to ensure fair competition in all sectors of the Nigeria telecom industry and also encourage participation of Nigerians in the ownership, control and management of communications companies and organisations, among others.