LATEST UPDATE:
Are Telecommunication Masts In Residential Locations Illegal?
Could you believe that despite the existence of some legislation in Nigeria that have stipulated that telecom masts should not be located in residential areas, especially without strict set-backs, the breach of these guidelines and regulations is the norm with the government and its regulators turning the other eye until disasters strike before the useless noises would be made until the crisis died down until the next disaster!
The recent killing of 2 persons in Cross-River State a couple of weeks ago reinforced the motive as a very reasonable and logical order, which unfortunately are being flouted by the telecom companies, the regulators in the person of NCC, NESREA, and the relevant State governments environmental protection agencies who have been bribed and heavily compromised by the telcos.
Just heard about this sad story today; another innocent young girl, nay, baby's life cut short violently, by greed, irresponsibility, incompetence and corruption!
This is by the
National Environmental Standards and Regulations Enforcement Agency of the Federal Ministry of Environment:
5. All new (telecommunication and broadcast) facilities shall:
(a) primarily be located in industrial, commercial and business areas; (b) have a minimum setback of 10 meters from the perimeter wall (fence) of residential premises, schools and hospitals to the base of the mast/tower; and (c) where there is no perimeter wall (fence), have a minimum of 12 meters from the wall of residential premises, schools and hospitals to the base of the mast/tower.
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The National Environmental (Standards for Telecommunications/Broadcasting Facilities) Regulations, 2011 setting out the approved guidelines for the Attention and operation of telecommunication and broadcast facilities in Nigeria, especially Regulation No. 5 (4) (1)
These are the National Communication Commission's Guidelines on Technical Specifications for the Installation of Telecommunications Masts and Towers issued 9th day of April, 2009 which provides that:
3. SITING OF TOWERS AND MASTS
(1) The siting of masts and towers shall take cognisance of provisions of the Act and be guided by provisions of the Collocation and Infrastructure Sharing Guidelines of the Commission in such a way as to minimise their number, protect and promote public safety, and mitigate adverse visual impacts on the community. To reduce the visual impact of towers and antennas structure, Stealth and/or camouflage design of towers and antennas are encouraged.
(2) All masts and towers sited in cities shall conform to the guidelines and standards of the Commission concerning all matters on radio frequency
(3) All towers sited within residential areas must conform to the setback stipulated in the Guidelines under Subsection 5 below and Section 9 (9) to mitigate the effect of heat, smoke and noise pollution arising from generating sets.
(4) Telecommunications towers above 25 metres in height would not be permitted within districts delineated as residential.
(5) Notwithstanding sub-paragraph (4) of this guideline, where towers in excess of 25 metres in height are permitted, they should be placed at a minimum setback of 5 meters distance to the nearest demised property, excluding the fence. Prior permission must be obtained from the Commission.
(6) Towers and masts sited in contravention of these guidelines would be removed and the owner of the tower would bear the cost of such removal.
(9) Setbacks
(a) All towers as well as guys and guy anchors shall be located within the build-able area of the property and not within the front, rear, or side building setbacks.
(b) All towers in excess of 150 metres in height shall be set back by a minimum of 50 metres from the right-of-way of all controlled access, federal and state roadways designated as freeways, in order to provide unobstructed flight paths for helicopters.
(c) In all other cases, the distance for setbacks shall be as follows:
(i) 5 metres from any demised property excluding the fence.
(ii) the distance specified as a potential hazard area by the designer of the structure.
(iii) Guy wire anchors and accessory structures shall not encroach into the mandatory setbacks listed above.
(ix) The open space available at the site of a proposed mast or tower installation, shall be, at least three times the space required by the base of the structure.
(x) Each completed mast or tower must have a name plate bolted to each of its legs on which the following particulars of the fabricator, owner, operator and installer are detailed:
a. Name, address and telephone numbers of the owner, fabricator, operator and installer
b. Permit Number issued by the Commission for Attention of the Mast at the location. (Basnik’s Mast has no identification an all attempts to obtain these have been rudely rebuffed.)
(xi) The antenna of each mast or tower shall contain the following particulars:
a. Date of Attention
b. Height
c. Number of antenna
d. Operating Frequencies
e. Location address
f. Geographical coordinates
g. Name of operator and licensee
h. Effective Isotropic Radiated Power
i. A log book showing inspection dates and types of inspections performed and detailed particulars of the inspector.
(xii) A permit from and registration with the Commission shall be required for the Attention of any Masts or Towers whose height
exceeds 20 metres.
(5) Tolerable Radiation Level Tolerable radiation level should be within the limit approved by International Council on Non-Ionizing Radiation Protection (ICNIRP)
(a) Permissible Radiation level for occupational staff on site must conform to specifications under Table 6.1 of the Appendix
(b) Permissible Radiation level for the general public must conform to specifications under Table 6.2 of the Appendix
(6) Permissible Generator setback, sound level, smoke and vibration.
(a) All generators within a base station must be sited 5 meters away from all demised properties excluding the fence.
(b) All generating sets must be sound proof
(c) All generating sets must be installed on good shock absorbers so as to minimize vibrations to the barest minimum
(d) The exhaust of all generators must not be directed towards any demised property.
(3) Tower Maintenance
(a) In the maintenance of towers, attention shall be given to the following best
practices:
(viii) At every tower site, the owner shall keep a maintenance log book in a thick cellophane folder. The folder shall be readily accessible to inspectors from the Commission or any duly authorised person and shall contain the following information: -
a. Installation Date
b. Inspection due dates
c. Painting due dates
d. Minor Maintenance due dates
e. Major Maintenance due dates
f. Name and address of Inspector
(ix) For each of the due dates, the log should show that the inspection or the maintenance was carried out and by whom.
We need to sensitise our family members, friends, colleagues, customers, et.c before they become the next victims!!
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Are Telecommunication Masts In Residential Locations Illegal?
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