UchennaJeromeOr 2018 ChapterOne InternationalTelecomm

CHAPTER ONE
INTRODUCTION
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Since the beginning of the telecommunications revolution that followed

the invention of the electric telegraph and the telephone during the 19th
century,1 telecommunication networks have hardly been confined within
national boundaries. To a great extent, it is apparent that one of the
fundamental goals for the development of the early telecommunications
industry was to provide channels for the fast delivery of communications
between parties in different countries. This has been taken further by the
evolution of modern telecommunication networks into a global network of
networks connecting individuals, organizations, and businesses as well as
national and international critical infrastructure.2 Thus, telecommunication
networks are inherently transnational and borderless in nature.3 This
natural characteristic of telecommunication networks has underscored the
need for cooperation between countries in the development of
telecommunications and also provided the basis for the development of
relevant international regulatory regimes. Accordingly, it has been aptly
noted that “from a legal perspective, the transnational nature of
telecommunications has demanded considerable coordination and cooperation
between countries, which has mirrored their regulation at the international
level”.4
1
The electric telegraph was invented in 1837, while the telephone was invented in
1876.
2
See Uchenna Jerome Orji, Cybersecurity Law and Regulation (Wolf Legal
Copyright 2018. Cambridge Scholars Publishing.
Publishers: Nijmegen, The Netherlands, 2012) pp.1-10.

3
See Mira Burri Nenova, ‘The Law of the World Trade Organization and the
Communications Law of the European Community: On a Path of Harmony or
Discord?’, Journal of World Trade (2007), Vol. 41 (4), p.833. See also, Ian
Walden, ‘International Telecommunications Law’, in Ian Walden (ed)
Telecommunications Law and Regulation (3rd edn, Oxford University Press: New
York, 2009) p.715.
4
See Mira Nenova, ibid.
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2 Chapter One
Professor Ian Walden also captured the essence of international

telecommunications regulation when he observed that the nature of the
telecommunications industry “demands the construction of communications
links across jurisdictions subject to both domestic and international law”
which has made the industry to be “subject to Treaties and Conventions
established under public international law for the treatment and use of
common natural resources, specifically the law of the sea and outer space
law”.5 Therefore, a major reason for the development of international
telecommunication regimes is to regulate the usage of areas or territories
such as the moon, the outer space and the sea by either State or private
actors for the purpose of telecommunications. Such areas or territories are
classified as the ‘common heritage of mankind’6 and subject to principles
of international law which require that defined areas and elements of
humanity’s common heritage should be held in trust for future generations
and also protected from individual exploitation by State actors or
corporations. Another major reason that has spurred the international
regulation of telecommunications can be traced to the overwhelming
significance of telecommunications to the globalization of trade. For
example, telecommunications is now considered as “a distinct economic
activity, a trade service, rather than simply as a medium or conduit for
conducting trade”.7
In addition, most developing countries especially within the African

region, consider regional economic and political integration as a major
component of their development strategies in order to facilitate regional
cooperation, as well as economic objectives such as free trade, and the
development of common markets. Within that context, telecommunications
has been seen as a strategic tool for promoting regional integration and
development, and therefore telecommunications has been subject to
regional regimes that seek to promote objectives that include the
5
See Ian Walden, ‘International Regulatory Law’, in Ian Walden (ed)
Telecommunications Law and Regulation (4th edn, Oxford University Press: New
York, 2012) p. 751.
6
‘Common heritage of mankind’ is a term that is commonly used to refer to “the
parts of the earth and cosmos that can be said to belong to all humanity, without
regard to geographic location, and that should be protected and administered for its
benefit”. See Bryan A. Garner (ed), The Black’s Law Dictionary (9th edn, St Paul
MN, United States: West Publishing Co, 2009) p.313.
7
See Ian Walden, ‘International Telecommunication Law’, in Ian Walden,
Telecommunications Law and Regulation (3rd edn, Oxford University Press: New
York, 2009) p.716.
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Introduction 3
harmonization of national regulatory instruments (such as national

telecommunications laws and policies) and the effective integration of
Member States.
Major issues that feature in the arena of international telecommunication

law and policy include: the regulation of communication satellites; the
regulation of activities in the outer space; the regulation of international
submarine cables; the development and implementation of technical
standards for telecommunication networks and equipment; the allocation
and management of radio frequency spectrum; the liberalization of
telecommunication markets and the implementation of free trade
principles; the international and regional harmonization of telecommunication
regulations; and, the general regulation of international telecommunication
services.
This book is an attempt to discuss the international regulatory regime that

applies to telecommunications. Within that context, the book examines
telecommunication regimes within the framework of international and
regional organizations such as the United Nations, the International
Telecommunication Union, the World Trade Organization, the African
Union, the African Telecommunications Union, the Economic Community
of West African States, the Common Market for Eastern and Southern
Africa, the Economic Community of Central African States, the Economic
and Monetary Community of Central Africa, the East African Community,
and the Southern African Development Community.
1.1 Defining Telecommunications

“The essence of all communications systems is that a message is
exchanged between a sender and one or more receivers”.8
The term ‘telecommunication’ is derived from a compound of the Greek

word tele (ĲȘȜİ-) which means ‘distant’ or ‘far off’ and the Latin word
commǌnicƗre which means ‘to share’.9 However, the term was first coined
as a French word - télécommunication in 1904 by Edouard Estaunié, a
8
See Andrew Sharpe, ‘Communications Technologies Services, and Markets’ in
Ian Walden (ed), Telecommunications Law and Regulation (3rd edn, Oxford
University Press: New York, 2009) p.23.
9
See Harper Douglas, ‘Communication’, Online Etymology Dictionary, available
at <http://www.etymonline.com/index.php?term=communication> last accessed on
30 January, 2018.
4 Chapter One
French writer and engineer.1011 Generally, ‘telecommunication’ is used to

refer to communications that involve the electronic transmission of
information over long distances.12 According to Newton’s Telecom
Dictionary ‘telecommunication’ refers to “the art and science of
communicating over a distance by telephone, telegraph and radio [which
includes] the transmission, reception and switching of signals, such as
electrical or optical, by wire, fiber or electromagnetic means”.13
The International Telecommunication Union (ITU) has proffered a broad

and more technical definition of ‘telecommunication’. In this respect the
Constitution of the ITU defines ‘telecommunication’ as:
“any transmission, emission or reception of signs, signals, writing, images
and sounds or intelligence of any nature by wire, radio, optical or other
electromagnetic systems”.14
The above definition by the ITU attempts to broadly cover all critical
elements of any activity that may be classified within the scope of
telecommunicating. Accordingly, the ITU’s definition of telecommunications
can be classified into the following elements:
(a) the transmission of signs, signals, writing, images, sounds or

intelligence of any nature by wire, radio, visual or other electronic
– magnetic systems;
(b) the emission of signs, signals, writing, images, sounds or
intelligence of any nature by wire, radio, visual or other electro-
magnetic systems; and,
(c) the reception of signs, signals, writing, images, sounds, or
intelligence of any nature by wire, radio, visual or other electro-
magnetic systems.
10
See J-M Dilhac, ‘From tele-communicare to Telecommunications’ available at
<http:// www.ieeeghn.org/wiki/images/8c/Dihac-2004.pdf> last accessed on 30
January, 2018.
11
The French word ‘télécommunication’ was first invented in the French Grande
Ecole ‘Telecom ParisTech’ formerly known as “Ecole nationale supérieure des
telecommunications” in 1904 by the French engineer and novelist Édouard
Estaunié. See J-M Dilhac, ibid.
12
See The Oxford Advanced Learner’s Dictionary (6th edn) p.1231.
13
See Harry Newton’s Telecom Dictionary, (18th edn, 2002) p. 733.
14
See Paragraph 1012 Annex to the Constitution of the International
Telecommunication Union (ITU) published in ITU, Collection of the Basic Texts
of the International Telecommunication Union (ITU: Geneva, 2011), p.56.
Introduction 5
Thus, under the ITU’s definition of telecommunication any activity that is

covered within the ambit of any of the above elements can be classified as
‘telecommunication’. One significant feature of the ITU’s definition is that
it does not attempt to restrict the type of communications which can be
transmitted, emitted or received through telecommunication. In this
regard, the definition creates a broad scope wherein “signals, writings,
writings, images, sounds, or intelligence of any nature” can constitute the
object being transmitted or emitted or received during a telecommunications
activity. By the use of the phrase “intelligence of any nature”, the ITU
creates a broad definitional scope wherein any transmission, or emission,
or reception of any communications, including digital data or signals by
wire, radio, visual or other electromagnetic systems would constitute a
telecommunications activity. Also, the ITU’s definition of
telecommunication appears not to restrict the means or apparatus through
which objects signs, signals, writing, images, sounds, data, communications
can be transmitted, emitted or received during a telecommunications
activity. In this regard, the ITU’s definition adopts a technology neutral15
language to achieve this through the use of the phrase “other
electromagnetic systems”. Thus, the phrase creates a broad scope wherein
any transmission, emission or reception of any communication through an
electromagnetic system would be considered a telecommunications
activity.
The ITU’s definition of ‘telecommunication’ appears to have become the

universal standard for defining the term as several countries have
transplanted that definition into their telecommunication laws.16 The ITU’s
15
‘Technological neutrality’ is a regulatory principle that implies that legislation
should define the objectives to be achieved and should neither impose, nor
discriminate in favour of the use of a particular type of technology to achieve those
objectives. See European Commission, ‘Towards a New Framework for Electronic
Communications Infrastructure and Associated Services, The 1999 Communications
Review’, European Commission, COM (1999) p. 539. See Chris Reed, ‘The Law
of Unintended Consequences – Embedded Business Models in IT Regulation’,
Journal of Information Law and Technology, (2007) (2) p.2. See also, Andrew
Sharpe, ‘Communications Technologies Services, and Markets’ in Ian Walden
(ed), Telecommunications Law and Regulation (3rd edn, Oxford University Press:
New York, 2009) p.53.
16
For example, the Nigerian Communications Act defines ‘telecommunication’ to
mean “any transmission, emission or reception of signs, signals, writing, images,
sounds, or intelligence of any nature by wire, radio, visual or other electromagnetic
systems”. See Section 157, Nigerian Communications Act 2003. The Electronic
Communications Act of the Republic of Ghana also adopts elements of the ITU’s
6 Chapter One
definition of ‘telecommunication’ has also been retained in the

International Telecommunication Regulations which was adopted by most
Member States of the ITU at the World Conference on International
Telecommunications at Dubai in December, 2012.17 In this book, the
elements of the ITU’s definition of ‘telecommunication’ will be used to
broadly classify the term as referring to the ‘transmission’, or ‘reception’,
or ‘emission’ of any form of communication (including but not limited to
signs, signals, writing, images, sounds or data of any nature) from one
location to another through a technological means such as electricity, wire,
radio or electromagnetic systems and other related technologies.
1.2 The Historical Origins and Evolution

of Telecommunications
The concept of telecommunicating appears to be as old as the history of
mankind. Prior to the emergence of modern telecommunication
technologies, human beings employed several means to convey messages
over long distances. Some of the prominent means of telecommunicating
in ancient societies were through smoke signals and talking drums.
However, only a very limited range of pre-determined messages could be
conveyed through these means. For example, in some ancient African
societies a smoke signal could only be used to indicate the location of a
definition of telecommunication by defining the term to include “the transmission,

emission or reception of signals, writing, pulses, images, sounds, or other
intelligence of any kind by wire, radio, terrestrial or submarine cables, optical or
electromagnetic spectrum or by way of any other technology”. See Section 1
Electronic Communications Act of the Republic of Ghana 2008. Elements of the
ITU’s definition of ‘telecommunications’ also exist in section 1 of the
Telecommunications Act of South Africa which defines ‘telecommunication’ as
“the emission, transmission or reception of a signal from one point to another by
means of electricity, magnetism, radio or other electromagnetic waves or any
agency of a like nature whether with or without the aid of tangible conductors”.
See Section 1 Telecommunications Act of South Africa 1996 (as amended).
17
See Article 2.2, International Telecommunication Regulations (2012), Final Acts
of the World Conference on International Telecommunication Dubai, 2012 (ITU:
Geneva, 2013). See Article 2.1, International Telecommunications Regulations
(Signed version) (Dubai, 14 December, 2012).
Introduction 7
camp or to send out a distress (SOS) signal,18 while the talking drum was
commonly used to summon the gathering of members of a community.19
In ancient Greece, there were remarkable attempts to develop an advanced

system of telecommunicating through the invention of the Greek hydraulic
semaphore system around the 4th Century B.C. The Greek hydraulic
semaphore system functioned as an optical telegraph which worked with
water filled vessels and visual signs. However, the system could only
transmit a very limited range of pre-determined messages or signals whose
meanings had earlier been clearly agreed on by both the transmitter and
recipient of the message. Also, another major challenge was that the
system could only be deployed during good visibility conditions.20
Notable attempts were made to develop advanced telecommunication

systems during the middle ages in Europe. During that period, chains of
beacons were constructed on hilltops and used as a means of relaying
signals. However, this system of telecommunication like the Greek
hydraulic semaphore system could only transmit a signal whose meanings
have earlier been agreed to by both the parties transmitting the signal and
the one receiving it.21 The last decade of the 18th century A.D also
recorded a significant milestone in the development of advanced
telecommunication systems following the development of optical
telegraph systems or semaphore lines in Europe around 1792 by Claude
Chappe a French engineer. Claude Chappe’s optical telegraph used a fixed
visual telegraphy system that sent messages to a distant observer through
an optical line-of-sight signal.22
The 19th century can be described as the turning point in the development
of advanced telecommunication systems. Around 1837, two Englishmen,
18
See ‘History of Communication’, available at <http://www.historyworld.net/
wrldhis/plaintexthistoris. asp?historyid=aa93> last accessed on 30 January, 2018.
19
See A. I. Good, ‘Drum Talk Is the African’s “Wireless”’, Natural History,
(September 1942), available at <http://www.naturalhistorymag.com/htmlsite/
editors_pick/1942_09_ pick.html> last accessed on 30 January, 2018.
20
See ‘Morse Code & the Telegraph’ available at <http://www.history.com/topics/
inventions/telegraph> last accessed on 30 January, 2018.
21
See ‘The hydraulic telegraph of Aeneas – long-distance communication of
antiquity’ available at <http://www.ancient-origins.net/ancient-technology/
hydraulic-telegraph-aeneas-long-distance-communication-antiquity-002185#
sthash.A7pX1GE1.dpuf> last accessed on 30 January, 2018.
22
8 Chapter One
Sir Charles Wheatstone and Sir William Cooke made a breakthrough in

the development of the electrical telegraph technology for which they
received a patent in the same year. Wheatstone and Cooke’s electrical
telegraph used a diamond grid of 20 letters (c, j, q, u, x and z were
omitted), with five needles arranged in the middle of the grid. The
deflection of any two needles would point to specific letters.23 The Great
Western Railway subsequently used the system to introduce a public
telegrams service between London and West Drayton (13 miles west of
London) in 1839. One of the major challenges of the system was that it
proved to be expensive as it required five wires to transmit a single
signal.24
While Wheatstone and Cooke were developing the electrical telegraph in

England, a similar development was also taking place around the same
time in the United States. In 1837, an American painter, Samuel P.B.
Morse, developed and patented another version of the electric telegraph.
Samuel Morse’s invention used a simple and highly efficient system of
universal digital codes known as the ‘Morse Code’ for the transmission
and reception of signals over electric telegraph cables. The invention first
used a single-needle system and then with audio repeaters. It also provided
a faster means of communication as experienced telegraph operators could
pass messages at around 40-50 words per minute.25 The invention
revolutionalized telecommunications and marked the beginning of the
modern information revolution.26 The efficiency and cost effective nature
of the Morse Code naturally gave it a competitive advantage of over
earlier telegraph inventions such as the optical telegraph and the electrical
telegraph by Wheatstone and Cooke. Soon, the Morse Code replaced these
technologies as the prominent means of telecommunication.27 Following
the commercialization of the Morse Code, the first commercially successful
23
24
Ibid.
25
Ibid.
26
Uchenna Jerome Orji, Cybersecurity Law and Regulation (Nijmegen, The
Netherlands: Wolf Legal Publishers, 2012) p.1.
27
Introduction 9
trans-Atlantic telegraph cable was completed on the 27 July, 1866, and

trans-Atlantic telecommunications became possible for the first time.28
The developments in telegraphy were followed by the invention of the

voice telephony technology around the 1870’s. The first patent of the
telephone was granted to Alexander Graham Bell, a Scottish scientist, on 7
March, 1876, by the United States Patent Office.29 However, there has
been a controversy as to whether it was Alexander Graham Bell, Elisha
Gray, or Antonio Meucci, that first invented the telephone, “with Bell’s
patent of 1876 being questioned as to its novelty”.30 The invention of the
telephone was followed by the development of the wireless telegraphy
system which is also known as radiotelegraphy or radio communications
by Gulielmo Marconi, an Italian scientist, in 1895.31 The development of
wireless telegraphy gave rise to the emergence of widespread radio
broadcasting also known as mass communication.
The 20th century recorded several milestones in the development of advanced

telecommunication technologies. Following the development of
radiotelegraphy, a Scottish inventor, John Logie Baird, developed a radio
system for transmitting moving pictures from one location to another in
1925. The invention which is known the mechanical television marked the
first successful attempt to produce televised pictures and also laid the
foundation for the development of modern television technologies.32
Another notable milestone in the history of telecommunications was the
28
See ‘Timeline of Telecommunications’, available at <http://www.telephone
tribute.com/timeline.html> last accessed on 30 January, 2018.
29
See ‘Alexander Graham Bell’ available at <http://www.history.com/topics/
inventions/alexander-graham-bell> last accessed on 30 January, 2018.
30
University Press: New York, 2009) p.31. It is noted that what the pioneering
inventors of the early telephone essentially discovered “was a method of
converting sound into an electrical signal via a microphone, which signal could
then be conveyed over a wire and reconverted into sound by a speaker”. See
Andrew Sharpe, ibid, p.32.
31
See ‘Guglielmo Marconi’, available at <http://www.history.com/topics/
inventions/guglielmo-marconi> last accessed on 30 January, 2018.
32
See ‘John Logie Baird: Biography Engineer, Inventor (1888–1946)’ available at
<http://www.biography.com/people/john-logie-baird-9195738> last accessed on
30 January, 2018.
10 Chapter One
development and deployment of communication satellites in the 1950s.33

Other notable milestones in the history of the evolution telecommunications
include: the development of the mobile telephony system by the American
Telephone & Telegraph Corporation (AT&T) in 1947;34 the development
of the first generation of electronic computers;35 and, the development of
packet switching technology which enabled packets of electronic data to
be sent between different computers without first passing through a
centralized mainframe computer. 36 The further development of the packet
switching technology by the United States Department of Defense
Advanced Research Projects Agency Network (ARPANET), a military
telecommunications network,37 enabled different computer systems to be
connected for the purpose of transmitting communications between the
computer systems of academic and military institutions in the United
States. The ARPANET communications system laid the foundation for the
emergence of the Internet in the mid 1970’s.38 However, the Internet
remained a closed computer communications network of American
universities and research institutions due to commercial restrictions that
were imposed by the United States National Science Foundation’s
Acceptable Use Policy until 1992 when the restrictions were withdrawn.39
The 20th century also recorded several other important technological

advancements that brought about the increasing convergence of
telecommunications and computer technologies.40 These developments in
telecommunications created a state of affairs that has been described as the
33
See NASA, ‘The Early Satellites’ (2 April, 2004) available at
<http://www.nasa.gov/missions/science/f-satellites.html> last accessed on 30
January, 2018.
34
See ‘Mile Stones in AT&T History’ available at <http://www.thocp.net/
companies/att/att_company.htm> last accessed on 30 January, 2018.
35
Publishers: The Netherlands, 2012) p.4.
36
See Lawrence G. Roberts ‘The Evolution of Packet Switching’ available at
<http://www.packet.cc/files/ev-packet-sw.html> last accessed on 30 January, 2018.
37
See Barry M. Leiner, et al, ‘Brief History of the Internet’, <https://www.
internetsociety.org/internet/what-internet/history-internet/brief-history-internet>
last accessed on 30 January, 2018.
38
Ibid.
39
Ibid.
40
See Uchenna Jerome Orji, ibid, pp.1-7.
Introduction 11
“techno crescendo of information revolution dreams”41 and also opened

the door to a modern era known as the information age.42 The information
age has continued to evolve with several technological advances in the 21st
century. Thus, while the invention of the telegraph in the 19th century
marked the beginning of the modern information revolution, the
convergence of telecommunications and computer technologies in the 20th
century marked the beginning of the information age. A very distinctive
feature of the information age is the continuous convergence of
telecommunications and computer technologies, and the widespread
integration of those technologies into all aspects of life as a result of their
application in most products, services and facilities that are basic
necessities in modern human societies. This implies the tendency towards
connecting everything to everything through telecommunications or
information networks. This is also seen in the widespread integration of
telecommunication technologies in most critical services in the public and
private sectors of modern societies. For example, critical services such as
banking, health, energy, transport services, military and security services
now basically depend on telecommunications network infrastructure to
effectively deliver services or carry out their operations. In addition, there
has also been an increasing deployment of telecommunication technologies
to tackle pressing development challenges and create channels for effective
service delivery through several applications such as E-Government, E-
Education, Tele-medicine and E-health. Hence, telecommunication
technologies have evolved from their very modest beginnings to become a
vital component of every modern society.
The widespread deployment of telecommunication technologies in most

aspects of modern life has given rise to the concept of the information
society or global information society. The information society has a
ubiquitous existence due to the transnational nature and global spread of
modern telecommunication networks which arise from the
interconnectedness of networks in countries into one global network
society. This has effectively brought about the death of distance as the
world today is simply seen as a global village or single community
connected by electronic and telecommunication systems sometimes called
41
See Maryam Dunn, A Comparative Analysis of Cybersecurity Initiatives
Worldwide, World Summit on Information Society (WSIS) Thematic Meeting on
Cybersecurity (ITU: Geneva, June, 2005) p.5.
42
12 Chapter One
the ‘global information infrastructure’.43 More importantly, the emergence

of the information society has tremendously lowered the barriers that
traditionally existed between physical societies while also creating
immense opportunities for social, economic and human development in
developed and developing countries alike.44 This new society has been the
major driver of globalization.
Telecommunication networks provide the backbone of the information

society. Thus, telecommunication networks connect all forms of electronic
communications devices ranging from fixed telephones, mobile phones,
smart phones, personal data assistants, tracking devices to computer
systems. Telecommunication networks also provide the linkage for the
connection of computers, computer systems and electronic databases
located all over the world, thus creating the global information
infrastructure that is known as the Internet. As such, telecommunication
networks create the backbone infrastructure for the exchange of information or
communications between electronic devices which may either be
computers or other telecommunication devices.45
1.3 An Overview of Major Telecommunication Systems

1.3.1 Fixed Telecommunication Systems
Fixed telecommunication systems rely on fixed telecommunications lines
such as coaxial cables to transmit or receive communications. This
telecommunication system is known as “point to point communication”
because it oscillates between one transmitter and one receiver. The system
was originally designed for the carriage of voice telephony.46 However,
fixed telecommunications systems may be used to transmit or receive data
traffic through fax, and telex machines or the dial-up Internet access.47 The
fixed telecommunications system is the oldest technology system of the
43
See OECD, ‘Global Information Infrastructure and Global Information Society
(GII-GIS): Statement of Policy Recommendations Made by the ICCP Committee’,
OECD Digital Economy Papers (1996) p.18.
44
45
Ibid, p.22.
46
47
Ibid, p.40.
Introduction 13
modern telecommunications era. It uses a system known as the Public

Switched Telecommunication Networks (PSTNS) which typically
comprises connections between subscribers, via distribution points
mounted on telegraph poles and street cabinets and the Main Distribution
Frame (MDF).48 The cable connection between the subscriber and the
MDF is known as the local loop or ‘last mile’.49 Modern fixed
telecommunications systems also include core network infrastructure such
as fiber optic cables.
The fixed telecommunications system requires a substantial deployment of

physical infrastructure such as telephone poles, cables, fiber optic cables,
street cabinets and distribution gadgets. Generally, the fixed system has
reached an advanced stage of functionality in developed countries.
However, this is not the case in many developing countries. Many
developing countries such as Nigeria and most countries of the sub-
Saharan African region have very low levels of fixed telecommunications
penetration.50 This state of affairs can be traced to the absence of extensive
telecommunications infrastructure that would deliver fixed telephony
services, since the provision of fixed services usually require substantial
infrastructural outlays. Another reason for the poor penetration of fixed
telecommunication services in developing countries can also be traced to
the inefficiency of State owned telecommunication service providers who
operated as monopolies prior to liberalization reforms.51
48
University Press: New York, 2009), pp.38-43.
49
Ibid, p.38.
50
For example, prior to market liberalization reforms and the introduction of
mobile telephone systems into the Nigerian telecommunications industry, Nigeria
only had about 400,000 fixed lines which served a population of over 120 million
people and such fixed telephony services were also restricted to urban areas. See
Nigrian National Policy on Telecommunications (May, 2000) pp. 4-5. See ITU,
Telecommunication/ICT Market and Trends in Africa 2007 (ITU: Geneva, 2007)
pp.1-2; Mark D.J. Williams, et al, Africa’s ICT Infrastructure: Building on the
Mobile Revolution (Washington DC: World Bank, 2011) pp.3, 256-257.
51
See generally, Roger G. Noll, ‘Telecommunications Reform in Developing
Countries’, AEI – Brookings Joint Center for Regulatory Studies Working Paper,
(July, 1999) 99-10, available at <http://www.papers.ssrn.com/abstract=181030>
14 Chapter One
1.3.2 Wireless Telecommunication Systems

Wireless telecommunication systems rely on wireless networks (such as
radio waves, electronic magnetic waves, microwaves, blue tooth, and
infra-red waves) to transmit or receive communications. Some examples
of telecommunication systems that utilize wireless networks are discussed
in the section below.
1.3.2.1 Mobile Telecommunications Network Systems
Mobile telecommunications network systems are commonly known as

cellular networks or mobile telephony systems. Cellular networks are
“made up of a tessellation of cells52, designed in way that enables the
network to use its allocated frequency spectrum in the most efficient way
possible”.53 Mobile network systems enable mobility and flexibility in the
use of telecommunications and information technology services. Examples
of mobile communications network systems include: GSM networks,
CDMA networks, and Satellite network systems. These systems will be
discussed below.
It will however be illustrative to briefly note that the early visions of the
use of mobile telephone systems were already glamorized in literature
prior to their invention. As early as 1931, a German writer, Erich Kastner
had predicted the life of a typical mobile telephone user in a book titled:
The 35th of May or Conrad’s Ride to the South Seas.54 In the book he
wrote:
“But most impressive was this: A gentleman, who was coasting in front of
them on the moving sidewalk, stepped down on the street, took a
telephone from his pocket, spoke a number into the microphone and said:
“Gertrude, listen, I’ll be an hour late for dinner tonight. I have to go to the
52
A Cell is defined as the area of coverage of a Mobile Telecommunication Base
Station. Adjacent cells use different frequencies to ensure that there is no channel
interference, but the frequencies are reused in the tessellation pattern. See Andrew
Sharpe, ‘Communications Technologies Services, and Markets’, in Ian Walden
(ed), Telecommunications Law and Regulation (3rd edn, Oxford University Press:
New York, 2009) p.43.
53
Ibid.
54
See Erich Kastner, The 35th of May or Conrad’s Ride to the South Seas (New
English Library: Germany, 1931).
Introduction 15
Lab first. See you, honey!” Then he put away his pocket phone, stepped
onto the moving belt again, continued reading his book and off he went.”55
While the above prediction was made several years before mobile phone
systems were developed by engineers, the history of the actual development of
mobile telecommunications network systems appears to date back to the
1940’s when hand-held radio transceivers were used during the Second
World War.56
The 1940’s also recorded the introduction of mobile telephones in

automobiles by some telephone companies.57 However, mobile
telecommunication systems became commercially available in the
developed countries around the end of the 1970s and the beginning of the
1980’s with the introduction of hand-held cellular radio devices that relied
on analogue technology.58 Following the development of digital cellular
systems, mobile telecommunication networks have spread across
developing countries and most parts of the world at a very fast pace. Some
of the reasons for the rapid spread of digital mobile telecommunications
network systems can be traced to some inherent advantages such as the
low cost of establishing mobile communications infrastructure when
compared to fixed telephony, the ease of deploying such infrastructure
within a short time, the interoperability of mobile networks and the
portability of mobile telephony devices.
The evolution of mobile telecommunication systems is usually classified

in generations. The idea behind this classification is that each new
generation of mobile telecommunication systems offers significant
changes in terms of performance and capabilities when compared to its
predecessor.
55
Quoted in Ernst Bonek, ‘Forward’, in Sergio Benedetto, et al, (eds), The
NEWCOM++ Vision Book: Perspectives of Research on Wireless
Communications in Europe (Springer Publishers: New York, 2012), p.iii.
56
See Anthony C. Davies, ‘WW2 British Army Battlefield Wireless
Communications Equipment’ available at <http://www.async.org.uk/Tony.Davies/
pubs/HISTELCON-ACDavies.pdf> last accessed on 30 January, 2018.
57
See ‘The First Car Telephones, 1946-53’ available at <http://www.wb6nvh.com/
MTSfiles/Carphone 1.htm> last accessed on 30 January, 2018.
58
See InfoDev, ‘New Technologies and Impacts on Regulation’, ICT Regulation
Toolkit (InfoDev and World Bank: Washington DC, 2012) Module 7, at
paragraphs 1.3 – 1.3.1.
16 Chapter One
1.3.2.2 The First Generation (1G) of Mobile Telecommunication

Networks
Mobile systems or cellular phones that were based on analogue technology

and network systems are classified as the first generation (1G) of cellular
phones or mobile systems.59 The 1G era commenced around the end of the
1970s. For example, it has been noted that the first commercial 1G service
in Japan was provided by NTT Public Corporation (NTTPC) in 1979,
when the company introduced the Automobile Telephone which soon
became detached from automobiles and was called ‘Shoulder phone’.
Later, a number of European countries introduced their first analogue
cellular phone systems in the 1980s, starting with Sweden in August,
1981.60 However, a major problem of the 1G era was that technical
standards for mobile communications were highly fragmented with
varying standards being used in different countries and regions.61 For
example, the Nordic countries such as Denmark, Finland, Iceland, Norway
and Sweden developed standards known as the Nordic Mobile Telephone
(NMT) which operated in the 450 MHz.62 The United States used
technical standards that were known as the Advanced Mobile Phone
System (AMPS), while the United Kingdom and Ireland used technical
standards known as Total Access Communication System (TACS).63
Aside from variations in technical standards, the first generation of cellular
networks required large amounts of spectrum to operate. Another
challenge was that mobile ‘roaming’64 was not possible as networks were
not interoperable. Also, communications being transmitted across the
network were not encrypted and therefore vulnerable to unauthorized
59
Toolkit (InfoDev and World Bank: Washington DC, 2012) Module 7, at paragraph
1.3.1.
60
Ibid.
61
Ibid.
62
Ibid.
63
Ibid.
64
‘Mobile roaming’ is a service that allows mobile users to continue to use their
mobile phone or other mobile device to make and receive voice calls and text
messages, browse the internet, and send and receive emails, while visiting another
country. Roaming extends the coverage of the home operator’s services, allowing
the mobile user to continue using their home operator phone number and data
services within another country. The seamless extension of coverage is enabled by
a wholesale roaming agreement between a mobile user’s home operator and the
visited mobile operator network. See Isabelle Mauro and Vikram Raval,
International Roaming Explained (GSMA: London, August, 2012) p.1.
Introduction 17
interception. There was also the challenge that a subscriber’s cellular

phone identity could be easily cloned and used for fraudulent purposes.65
1.3.2.3 The Second Generation (2G) of Mobile Telecommunication

Networks - GSM Network Technologies
‘GSM’ is an acronym that is commonly used to refer to the Global System

for Mobile Communications. This acronym was originally derived from
Groupe Spécial Mobile which was the name of a committee set up by the
European Conference of Postal and Telecommunications Administrations
(CEPT) in 1982 to develop a common European standard for digital
cellular voice telephony.66 The GSM is the first digital cellular standard
that was developed by the European Telecommunications Standards
Institute (ETSI) in 1988 to replace first generation (1G) mobile network
standards such as the Nordic Mobile Telephone (NMT), the Total Access
Communication Systems (TACS) and the Advanced Mobile Phone
System (AMPS).67 The need to replace the first generation standards arose
from the need to efficiently harmonize technical standards in mobile
markets across Europe. One of the aims of the harmonization was to
reduce the level of market fragmentation in European countries by
producing set of common technical standards that would enhance the
creation of a single market for mobile communications networks across
Europe. Another reason for the harmonization was to enhance the efficient
allocation and utilization of spectrum resources.68
The GSM system is commonly used to classify the second generation of

mobile phone networks also known as 2G. GSM networks operate through
the aid of base stations that control mobile phone masts which act as
transmitters and receivers. The masts communicate directly with mobile
phone handsets using the standard frequencies for GSM networks such as
the 900MHz or 1800MHz or 1900MHz bands.69 The GSM Association’s
65
1.3.1.
66
See ETSI, ‘Cellular History’ available at <http://www.etsi.org/technologies-
clusters/technologies/past-work/cellular-history> last accessed on 30 January,
2018.
67
See InfoDev, ibid.
68
See InfoDev, ibid.
69
18 Chapter One
(GSMA) Mobile Economy Report of 2018 estimates that there were over 5
billion GSM subscribers in the world as of 2017,70 which implies that two
out of three people in the world had a mobile subscription at the end of
2017.71 The report also estimates that this figure will reach nearly 6
subscribers by 2025.72
1.3.2.4 The Third Generation (3G) of Mobile Telecommunication

Networks
Third Generation (3G) Mobile networks refer to mobile network systems

that were developed to facilitate multi-media and mobile data applications
in accordance with the requirements set out by the International
Telecommunication Union (ITU) specifications for 3G networks (IMT –
2000) in 2000.73 Thus, the term 3G is used to classify the next generation
of mobile network service capabilities after the first and second
generations of mobile network systems. The 3G service is distinguished
from 1G and 2G services due to several components such as higher
network capacity and enhanced network functionalities which allow
advanced services and applications including multi-media.74 Thus, the 3G
system is meant to provide enhanced data services, higher spectrum
applications, and enhanced multi media services.75
1.3.2.5 The Fourth Generation (4G) of Mobile Telecommunication

Networks
Fourth Generation (4G) mobile Networks is a term that classifies the

fourth generation of mobile networks whose capabilities go beyond the
University Press: New York, 2009) p.44. See also, InfoDev, ‘New Technologies
and Impacts on Regulation’, ICT Regulation Toolkit (InfoDev and World Bank:
Washington DC, 2012) Module 7, at paragraph 1.3.1.
70
See GSMA, The Mobile Economy 2018(London: GSMA, 2018) pp.2, 11 &12.
71
Ibid, p.11.
72
Ibid, p.33.
73
University Press: New York, 2009) p.45. See generally, ITU, Spectrum
Requirements for International Mobile Telecommunications 2000 (IMT – 2000)
(ITU: Geneva, 2000).
74
See ITU/IMT – 2000 Project, What is IMT- 2000? (ITU: Geneva, 2001-2002),
p.2.
75
See Greg Jones, ‘IMT-2000 Standards Developments’, ITU Sub-Regional
Seminar on IMT – 2000, (Warsaw, 2-4 October, 2001), p.3.
Introduction 19
ITU standards prescribed in the International Mobile Telecommunications

Standards issued in 2000 (IMT - 2000). Such mobile networks are
regarded as successors to the 3G network standards. The formal
standardization of the definition of the 4G mobile network system is under
the auspices of the ITU/IMT - Advanced Project.76 The IMT-Advanced
Project classifies 4G as a mobile network system that is entirely based on
the Internet protocol network with packet switched delivery to efficiently
deliver features such as high data rates of up to 100 Mega bits per second
(Mbps) for high mobility nodes and I Gigabit per second (Gbps) for low
mobility nodes. Its other features include: worldwide functionality and
roaming capability, seamless mobility, availability of a wide range of
services and applications to mobile users in a cost efficient manner and
user equipment suitability for world wide use.77 The 4G system was
developed to address the need for higher data rates than those deployed by
the IMT – 2000 Systems (3G) standards.78
The development of the 4G network standard is regarded as new era in

mobile broadband communications.79 Examples of mobile network
systems that have been technically considered as 4G networks and
commercially deployed as such include the mobile WIMAX system and
the Long Term Evolution (LTE) advanced system.80 The WIMAX is an
acronym for World Wide Interoperability for Microwave Access. The
system was developed to provide a technology for wireless data
76
See Ian F. Afyildiz, et al, ‘The Evolution of 4G Cellular Systems: LTE
Advanced’, Physical Communication, (2010) Vol.3, p.218.
77
See Morey Rumney, ‘IMT-Advanced: 4G Wireless Takes Shapes in an Olympic
Year’, Agilment Management Journal, (September 2008) p.4. See Amit Kumar, et al,
‘IMT-Advanced: The ITU Standard for 4G Mobile Communication’, International
Journal of Computer Science and Technology, (March 2011) Vol. 2 (1) p.20. See
ITU, ‘ITU Global Standard for International Mobile Telecommunications: IMT-
Advanced’,<http://www.itu.int/ITUR/index.asp?category=information&rlink=imt-
advanced&lang=en> last accessed on 30 January, 2018.
78
See ITU Radiocommunication Assembly, Resolution R57- Principles for the
Process of Development of IMT-Advanced (2007).
79
See ITU News Room, ‘ITU Paves Way for Next-Generation 4G Mobile
Technologies – ITU-R IMT-Advanced 4G Standards to Usher New Era of Mobile
Broadband Communications’, <http://www.itu.int/net/press office/press_releases/
2010/40.aspx> last accessed on 30 January, 2018.
80
See ITU News Room, ‘ITU World Radiocommunication Seminar Highlights
Future Communication Technologies – Focus on International Regulations for
Spectrum Management and Satellite Orbits’, <http://www.itu.int/net/ pressoffice/
press_releases/2010/48.aspx> last accessed on 30 January, 2018.
20 Chapter One
networks.81 WIMAX users can roam within a base station coverage area
and can receive services from any base station. Consequently, WIMAX
services are also referred to as nomadic services.82 WIMAX systems are
used to provide services such as mobile broadband Internet connectivity
and ‘last mile’ broadband access in remote areas with poor fiber optic
penetration. On the other hand, the Long Term Evolution (LTE) is a
mobile network system developed by the 3rd Generation Partnership (GPP)
based on the technology tree that produced the 2.75 Generation (2.75G)
and the third generation (3G) of mobile network standards. The LTE
standard is regarded as the most recent innovation towards moving away
from 3G mobile network services.83
1.3.2.6 Next Generation Networks (NGN)
Next Generation Networks (NGN) is a concept that is used to broadly

classify “the whole development of new network technologies, new access
infrastructure and even new services”.84 NGN is also classified as a
“focused concept of specific network architecture and related equipment,
with one common IP Core network deployed for the entire legacy, current
and future access networks”.85 Thus, the concept of NGN is used to refer
to key architectural changes in telecommunications core and access
networks. Accordingly, the ITU defines NGN as:
“a packet-based network able to provide telecommunication services and
able to make use of multiple broadband, QoS-enabled transport
technologies and in which service-related functions are independent from
underlying transport related technologies. It enables unfettered access for
users to networks and to competing service providers and/or services of
81
82
Ibid.
83
See Steven Hartley, and Julien Grivolas, ‘LTE: The Future of Mobile Data’
available at <http://www.forbescustom.com/TelecomPgs/LTEP1.html> last accessed
on 30 January, 2018.
84
1.4.
85
Ibid.
Introduction 21
their choice. It supports generalized mobility which will allow consistent

and ubiquitous provision of services to users”.86
According to the ITU, the NGN is characterized by fundamental attributes

including: packet-based transfer; separation of control functions among
bearer capabilities call/session and application/services; decoupling of
service provision from transport and provision of open interfaces; support
for a wide range of services, applications and mechanisms based on
service building blocks (including real time streaming/non-real time
services and multi-media; broadband capabilities with end-to-end QoS and
transparency; inter-working with legacy networks via open interfaces;
generalized mobility; unfettered access by users to different service
providers; a variety of identification schemes which can be resolved to IP
addresses for the purpose of routing networks; converged services between
fixed and mobile networks; support of multiple last mile technologies; and
compliance with all regulatory requirements, such as requirements
concerning emergency communications and security/privacy, etc.87
1.3.2.7 Code Division Multiple Access (CDMA) Networks
The CDMA is a mobile network system that has competing standards to

the GSM system.88 The CDMA uses a ‘spread spectrum’ system whereby
electromagnetic energy is spread to allow for a signal with a wider
bandwidth. This allows multiple subscribers to be ‘multiplexed’ over the
same channel to share a bandwidth of frequencies.89 CDMA systems are
also commonly used to provide affordable mobile broadband Internet
86
See ITU-T, Recommendation Y. 2001 (12/2004) – General overview of NGN.
See ITU-T, Definition of NGN, available at <http://www.itu.int/en/ITU-
T/gsi/ngn/pages/definition.aspx> last accessed on 30 January, 2018.
87
See ITU-T, Definition of NGN, available at <http://www.itu.int/en/ITU-
T/gsi/ngn/pages/definition.aspx> last accessed on 30 January, 2018.
88
The CDMA and GSM are two competing standards in mobile network services.
The major difference between the two is how they turn voice data into radio waves
and how the carrier connects to the phone. Other differences between the two
standards include the coverage area, the data transfer speeds, and the type of
hardware used. See WiseGeek, ‘What is the Difference between GSM and
CDMA?’, available at <http://m.wisegeek.org/what-is-the-difference-between-
gsm-and-cdma.htm> last accessed on 30 January, 2018.
89
See ‘What is CDMA? Definition of CDMA: Cell Phone Glossary’, available at
<http://www.cellphones. about.com/od/phonesglossary/g/cdma/htm> last accessed
on 30 January, 2018.
22 Chapter One
services for personal computers. However, CDMA networks currently

have a low share of the global mobile communications market.90
1.3.2.8 Satellite Networks
The early idea of satellite communications can be traced back to an article

written in 1945 by Sir Arthur Clarke, a British science writer, in the
Wireless World magazine.91 In his article Sir Clarke proposed the idea of
geostationary satellites on the basis that if a satellite could be flung into an
orbit 36,000 kilometers above the earth such satellite would travel at the
same speed with the rotation of the earth. He further noted that the satellite
would appear to be stationary and be a line of sight for sending and
receiving stations at about 40 percent of the globe and concluded that only
three satellites would be needed for global communication.92 Twelve years
later, the defunct Soviet Union launched the first satellite, Sputnik 1, on 4
October, 1957. The Sputnik 1 was the first satellite to orbit the earth in a
low earth and geocentric manner. However, the Sputnik 1 was not meant
for geostationary orbit.93 Sir Clarke’s idea of a geostationary satellite
became a reality when Syncom 3 (the first geostationary satellite)94 was
successfully launched by the United States on the 19 August, 1963.95
Following development of satellite systems, several satellites have been

launched to facilitate telecommunications. Currently, there are over 900
90
See ‘Mobile Technologies Market Share of Subscriptions Worldwide From 2015
to 2020’, available at <http://www.statista.com/statistics/206655/forecast-of-the-
distribution-of-global-mobile-broadband-subscriptions-by-technology-in-2016/>
91
See Arthur Clarke, ‘Extra- Terrestrial Relays- Can Rocket Stations Give World-
Wide Radio Coverage?’, Wireless World (October, 1945) pp.305-308.
92
See Arthur Clarke, ibid. See also, ITU, ‘Sir Arthur Clarke – Space Age
Visionary’, ITU News Magazine, (2008) Issue 3, available at <http://www.itu.int/
itunews/manager/display.asp?lang=en&year=2008 &issue=03&ipage= Arthur-
Clarke> last accessed on 30 January, 2018.
93
See Asif A. Siddiqi, Sputnik and the Soviet Space Challenge (1st edn, University
Press of Florida: Florida, 2003) p.155.
94
A geostationary satellite is a geosynchronous satellite which has a circular and
direct orbit that lies in the plane of the Earth’s equator and which thus remains
fixed relative to the Earth. See ITU Radio Regulations, (2008 edn), Vol.1 at No.
1.189.
95
See National Aeronautics and Space Administration (NASA), Syncom 3,
available at <http://www.nssdc.gsfc.nasa.gov/nmc/spacecraftDisplay.do?id=1964-
047A> last accessed on 30 January, 2018.
Introduction 23
satellites orbiting the Earth.96 Modern telecommunication satellites are

also known as communication satellites.97 Telecommunication satellites
provide a high-capacity transmission medium for international
telecommunications traffic.98 In particular, they provide microwave radio
relay technology that is complementary to telecommunication cables, and
they are used to provide a wide range of services, such as mobile
telecommunication services, data and Internet services, and radio and
television broadcasting services. Telecommunication satellites are also
very useful in providing voice telephony and other services such as
broadband Internet services in landlocked or remote geographical terrains
that lack telecommunications infrastructure.99
1.4 International Telecommunications Law

Law is the fundamental basis for the regulation of conduct in civilized
societies. As a concept, ‘law’ basically classifies a system of rules,
standards or guidelines that govern behavior in a society or within a
particular aspect of a society such as trade and commerce.100 ‘International
law’ is defined as “the legal system governing the relationships between
nations; ...the law of international relations, embracing not only nations but
also such participants as international organizations and individuals”.101 Thus,
international law basically refers to the rules or legal principles that govern
the relations between States in a given area or subject and also includes
rules or legal principles that regulate the transnational activities of
international organizations and individuals. Within the context of
international telecommunications, international law encompasses the legal
rules or agreements or other legal principles that govern the international
telecommunication relations or activities of States as well as international
organizations and individuals. This includes agreements or rules that
96
See Rajesh Mehrotra, Regulation of Global Broadband Satellite Communications
(Geneva: ITU, 2012), p.1.
97
Ibid.
98
Toolkit (Washington DC: InfoDev and World Bank, 2012) Module 7, at paragraph
1.4.2.
99
See generally, Commonwealth Telecommunications Organization, The Socio-
Economic Impact of Broadband in Sub-Saharan Africa: The Satellite Advantage
(Commonwealth Telecommunications Organization: London, 2013) p.10.
100
For the definitions of ‘law’, see Bryan A. Garner, The Black’s Law Dictionary
(9th edn, St Paul MN, United States: West Publishing Co, 2009) p.962.
101
See Bryan A. Garner, ibid, p.892.
24 Chapter One
govern the building and operation of international telecommunication

networks such as communication satellites and submarine cables, the rules
governing the allocation and utilization of scarce telecommunications
resources such as radio-frequency spectrum, and the rules governing
international or regional telecommunication services.
The establishment of international agreements to govern the building and

operation of international telecommunication networks dates back to
1865102 when 20 European States signed the first International Telegraph
Convention which ushered in the ‘Victorian Internet’103 and eventually led
to the founding of the International Telegraph Union that later evolved
into the International Telecommunication Union (ITU). A major source of
international telecommunications law emanates from international legal
regimes that regulate activities in areas or territories such as the outer
space and the sea. Areas such as the outer space and the sea are classified
as the “common heritage of mankind” and are thus subject to special
principles of international law which govern their exploitation for
purposes that are for the benefit of mankind. Such purposes include the
deployment and operation of telecommunication networks. Within this
context, international legal regimes that regulate activities in the outer
space and the sea are classified in terms of international space law and the
law of the sea.
A second major source of international telecommunications law emanates

from instruments of public international law including regional legal
instruments also known as community law. Within that context, States
commit and submit themselves to an international or regional legal order
where they accept obligations to implement certain principles, or to
conduct themselves in a certain manner especially with respect to the
treatment of other States,104or to implement obligations that require
national legal harmonization. For example, Member States of the ITU
have obligations to implement principles that are enshrined in the
102
For an extensive discussion, see chapter 3.1 below.
103
See Ian Walden, ‘International Telecommunications Law, the Internet and the
Regulation of Cyberspace’, in Katharina Ziolkowski (ed) Peacetime Regime for
State Activities in Cyberspace: International Law, International Relations and
Diplomacy (NATO Cooperative Cyber Defense Center of Excellence: Tallinn,
Estonia, 2013), pp.266-267.
104
Regulation of Cyberspace’, ibid, p.267.
Introduction 25
Constitution and the Administrative Regulations of the ITU.105 Likewise,

Member States of the World Trade Organization (WTO) have obligations
to comply with WTO principles such as the ‘most-favored nation’
treatment principle, the ‘market access’ principle and the ‘national
treatment’ principle. Also, Member States of regional organizations such
as the African Telecommunications Union (ATU) or the Economic
Community of West African States (ECOWAS) have obligations to
implement ATU or ECOWAS legal instruments that require the
harmonization of their national telecommunication laws and regulatory
policies. ‘Harmonization’ refers to the process of creating common legal
standards or regulatory policies in Member States that belong to a
common regional or international intergovernmental body with a view to
promoting uniformity in national laws or regulatory policies. Within the
telecommunications context, harmonization refers to the process of
creating common telecommunication regulatory policies and laws within
Member States that belong to a common regional intergovernmental body
with a view to promoting uniformity in such laws and policies.
Harmonization helps to coordinate different national legal and regulatory
systems by eliminating or minimizing major differences in national laws
and regulatory policies, and thereby creating minimum standards for
member States. As such, harmonization entails the convergence of
different national legal and regulatory systems in a manner that makes
them similar to each other.106 Therefore, harmonization reconciles
contradictory elements between the rules and effects of two different legal
and regulatory systems by addressing their major differences.107
A third major source of international telecommunications law emanates

from technical standards for telecommunication networks. In this regard, it
has been aptly observed that, “for national telecommunications networks
105
See Articles 6 and 54 Constitution of the ITU, Collection of the Basic Texts of
the International Telecommunication Union (ITU: Geneva, 2011), p.3.
106
See Muhammed Tawfiq Ladan, The Legal Aspect of Regional Integration in
West Africa and the Role of The ECOWAS Court of Justice, A paper presented at
the ECOWAS Court of Justice’ International Conference on Human Rights
(Bissau, Guinea-Bissau, 17-21 March, 2015) p.15, available at
<https://papers.ssrn.com/sol3/ papers.cfm?abstract_id=2595262> last accessed on
30 January, 2018.
107
See Tapiwa Shuma, ‘Revisiting Legal Harmonization under the Southern
African Development Community Treaty: The Need to Amend the Treaty’, Law,
Democracy and Development (2015) Vol. 19, pp.135-136. See also Walter J
Kamba, ‘Comparative Law: A Theoretical Framework’, International and
Comparative Law Quarterly (1974) Vol.23 (3), p.501.
26 Chapter One
to interconnect and transmit information, they need to communicate in

accordance with agreed standards operating at numerous technical levels,
which can be viewed as a common language”.108 However, although
international technical standards cannot be particularly classified as ‘law’
in themselves, nevertheless, there exist legal instruments at the national,
regional and international levels which require service providers to comply
with such standards.109Also, wireless telecommunication networks are
inherently governed by the laws of physics which usually makes
international cooperation imperative and unavoidable. This has the effect
of turning non-binding recommendations on technical standards into
powerful and authoritative law that is “almost universally followed”.110
A fourth major source of international telecommunications law emanates

from international development organizations such as the World Bank
which usually impose obligations that include international
telecommunications norms and best practices such as market liberalization
reforms on developing countries as conditions for the receipt of development
aid and investment under loans or other financial arrangements.111 For
example, in Nigeria, the policy to liberalize and deregulate the
telecommunications industry during the early 1990’s originated from
Nigeria’s Structural Adjustment Programme which was largely influenced
by IMF and World Bank conditions for restructuring Nigeria’s economy in
the mid 1980’s.112
1.5 Concluding Remarks

This chapter has set out the introduction by discussing the meaning of
telecommunications, the history and evolution of telecommunications, and
108
Regulation of Cyberspace’, in Katharina Ziolkowski (ed), Peacetime Regime for
State Activities in Cyberspace: International Law, International Relations and
Diplomacy (NATO Cooperative Cyber Defense Center of Excellence: Tallinn,
Estonia, 2013), p.267.
109
Ibid.
110
See Jens Hinricher, ‘The Law-Making of the International Telecommunication
Union (ITU): Providing a New Source of International Law?, Heidelberg Journal
of International Law (2004) N0.64, p.495.
111
Regulation of Cyberspace’, ibid, p.267.
112
See Chibuzo A. Ogbuagu, Nigeria: Development Policies and Programmes
(Calabar: University of Calabar Press, 1995) pp.110-144.
Introduction 27
the concept of international telecommunications law. Telecommunications

as a field of law will always remain an interesting area of research and
practice due to the technical nature of the telecommunications industry and
the rapid pace of technological innovations in the industry. This inherently
dynamic nature of the telecommunications industry generally tends to make it
difficult for law and regulation (whether national or international/regional) to
keep pace with technological developments in the industry.

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CHAPTER ONE

Since the beginning of the telecommunications revolution that followed

Publishers: Nijmegen, The Netherlands, 2012) pp.1-10.

Professor Ian Walden also captured the essence of international

In addition, most developing countries especially within the African

harmonization of national regulatory instruments (such as national

Major issues that feature in the arena of international telecommunication

This book is an attempt to discuss the international regulatory regime that

1.1 Defining Telecommunications

The term ‘telecommunication’ is derived from a compound of the Greek

French writer and engineer.1011 Generally, ‘telecommunication’ is used to

The International Telecommunication Union (ITU) has proffered a broad

(a) the transmission of signs, signals, writing, images, sounds or

Thus, under the ITU’s definition of telecommunication any activity that is

The ITU’s definition of ‘telecommunication’ appears to have become the

definition of ‘telecommunication’ has also been retained in the

1.2 The Historical Origins and Evolution

definition of telecommunication by defining the term to include “the transmission,

In ancient Greece, there were remarkable attempts to develop an advanced

Notable attempts were made to develop advanced telecommunication

Sir Charles Wheatstone and Sir William Cooke made a breakthrough in

While Wheatstone and Cooke were developing the electrical telegraph in

trans-Atlantic telegraph cable was completed on the 27 July, 1866, and

The developments in telegraphy were followed by the invention of the

The 20th century recorded several milestones in the development of advanced

development and deployment of communication satellites in the 1950s.33

The 20th century also recorded several other important technological

“techno crescendo of information revolution dreams”41 and also opened

The widespread deployment of telecommunication technologies in most

the ‘global information infrastructure’.43 More importantly, the emergence

Telecommunication networks provide the backbone of the information

1.3 An Overview of Major Telecommunication Systems

modern telecommunications era. It uses a system known as the Public

The fixed telecommunications system requires a substantial deployment of

1.3.2 Wireless Telecommunication Systems

1.3.2.1 Mobile Telecommunications Network Systems

Mobile telecommunications network systems are commonly known as

The 1940’s also recorded the introduction of mobile telephones in

The evolution of mobile telecommunication systems is usually classified

1.3.2.2 The First Generation (1G) of Mobile Telecommunication

Mobile systems or cellular phones that were based on analogue technology

interception. There was also the challenge that a subscriber’s cellular

1.3.2.3 The Second Generation (2G) of Mobile Telecommunication

‘GSM’ is an acronym that is commonly used to refer to the Global System

The GSM system is commonly used to classify the second generation of

1.3.2.4 The Third Generation (3G) of Mobile Telecommunication

Third Generation (3G) Mobile networks refer to mobile network systems

1.3.2.5 The Fourth Generation (4G) of Mobile Telecommunication

Fourth Generation (4G) mobile Networks is a term that classifies the

ITU standards prescribed in the International Mobile Telecommunications

The development of the 4G network standard is regarded as new era in

1.3.2.6 Next Generation Networks (NGN)

Next Generation Networks (NGN) is a concept that is used to broadly

their choice. It supports generalized mobility which will allow consistent

According to the ITU, the NGN is characterized by fundamental attributes

1.3.2.7 Code Division Multiple Access (CDMA) Networks

The CDMA is a mobile network system that has competing standards to

services for personal computers. However, CDMA networks currently

1.3.2.8 Satellite Networks

The early idea of satellite communications can be traced back to an article

Following development of satellite systems, several satellites have been

satellites orbiting the Earth.96 Modern telecommunication satellites are

1.4 International Telecommunications Law

govern the building and operation of international telecommunication