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PER: Potchefstroomse Elektroniese Regsblad
versão On-line ISSN 1727-3781
PER vol.17 no.1 Potchefstroom Jan. 2014
Ict laws in Nigeria: planning and regulating a societal journey into the future
PC Obutte
LLB (Ib), BL, LLM (Ife), CertAnti-Trust (Fordham), Sp LLM, LLD (Oslo). Lecturer, Department of Public and International Law, Faculty of Law, University of Ibadan. Email: email@example.com
This paper examines the laws on Information and Communications Technology in Nigeria, and the institutional regulatory framework for enforcing the relevant laws. It further appraises selected concepts associated with ICT regulation and some contemporary issues as they relate to the challenges of ICT in Nigeria. The paper suggests regulatory benchmarks for the purpose of repositioning the ICT sector and approaches to strengthening the regulation of ICT in Nigeria. The paper concludes with an emphasis on value-added and result-based approach to the Information and Communications Technology regulation process in Nigeria.
Keywords: regulation, ICT, mobile, services, access, institution, development.
The coverage of ICT goes beyond such activities as programming, networking and analyzing. It enables the usage of computers and related tools to enhance ... the quality of life.1
1 Introduction
In Nigeria, the question of the importance, relevance and purpose of regulation in the Information and Communications industry has not been properly considered. The issuing of licences to operators in the telecommunications industry about 10 years ago and contemporary experiences due to services and regulatory convergence has not changed the situation. However, it does not seem that a decision to purposively regulate the sector has been made by the national regulator, considering the view that:
Convergence brings better services in the telecoms sector. We don't have a say on the issue of convergence trends. That is purely technological and beyond any regulatory institution.2
This paper appraises the legal and regulatory framework for regulating ICT in Nigeria with a view to answering the following questions: is it possible to regulate the provision and usage of ICT services in Nigeria?; is it necessary to regulate ICT services in Nigeria?; and is it beneficial to regulate ICT services in Nigeria? To evaluate these questions, the paper presents an overview of the laws that pertain to the ICT sector in Nigeria and the institutional regulatory framework for enforcing those laws. Further, the clarification of some important concepts associated with ICT is undertaken. In addition, the paper discusses some contemporary ICT issues in a way that illustrates their linkage with the challenges of ICT in Nigeria. The paper thereafter suggests some regulatory benchmarks to reposition the ICT sector to enhance the sustainable regulation of ICT in Nigeria.
2 Laws on information and communications technology in Nigeria
2.1 The Wireless Telegraphy Act3
The Wireless Telegraphy Act (WTA) was initially enacted in 1961. Having preceded all other extant laws in the sector, the WTA nevertheless continues to provide clarity in relation to the nature of the regulatory management of communications in Nigeria. Essentially, the Act seeks to regulate the licensing, location and operation of wireless telegraphy4 services in Nigeria. Under the Act, it is an offence for a person to establish or use any station for wireless telegraphy, or install or use apparatus for wireless telegraphy except in accordance with a licence issued by the Commission.5 In this regard, the "Commission" is defined to mean the Nigerian Communications Commission (with regard to telecommunications matters) and the National Broadcasting Commission (with regard to broadcasting matters).6
2.2 The Nigerian Communications Act7
The Act was enacted in 2003 to create a regulatory framework for the Nigerian communications industry.8 The Act established the Nigerian Communications Commission (NCC) as an independent National Regulatory Authority (NRA) for the telecommunications industry in Nigeria.9 The Act further created provisions for the licensing and operations of telecommunications service providers and other related matters.10 Ten years after the enactment of the Act, it remains doubtful that the regulator has discovered and effectively utilised the sector-specific regulatory powers conferred on it under the legislation.11
2.3 The National Broadcasting Commission Act12
The Act was first promulgated as a Decree on 24 August 1992. However, the Decree and its amendments have been adopted as an Act of the National Assembly. The National Broadcasting Commission Act therefore regulates radio broadcasting activities in Nigeria, as well as the licensing of Cable, DTH and all terrestrial radio and television services. It aims to implement the National Mass Communication Policy of the Federal Republic of Nigeria and also sets standards with regards to the contents and quality of materials being broadcast over the country's radio waves.13 Though a critical component in convergence, neither the law nor the institution appear interested in regulatory convergence14 in the manner that technology has made it possible for broadcasting, internet and phone calls to occur through the use of one piece of equipment, such as a computer or a mobile phone.
2.4 The National Film and Video Censors Board Act15
The National Film Video Censors Board Act was enacted in 1993. The Act established the National Film Video Censors Board as a regulatory body to regulate the films and video industry in Nigeria. The Board is empowered by law to censor, approve and classify all films and videos whether imported or produced locally.16 It is also the duty of the Board to register all films and video outlets across the country and to keep a register of such registered outlets.17 Over the years, the NFVCB has operated without interfacing with either the National Broadcasting Commission or the Nigeria Communications Commission. The separate institutional and operational focus of the ICT sector agencies leaves many practices potentially harmful to consumers unsanctioned.
3 The institutional framework
3.1 The Nigerian Communications Commission18
The Nigerian Communications Commission (NCC) was established by the Nigerian Communications Act as an independent national regulatory authority for the telecommunications industry in Nigeria.19 The NCC is responsible for creating an enabling environment for competition among operators in the industry as well as ensuring the provision of qualitative and efficient telecommunications services throughout the country.20 The main functions of the NCC, apart from implementing the WTA, include, inter alia:
(a) The facilitation of investments in and entry into the Nigerian market for the provision and supply of communications services equipment and facilities;
(b)The protection and promotion of the interest of consumers against unfair practices including but not limited to matters relating to tariffs and charges for and the availability and quality of communications services, equipment and facilities;
(c) Ensuring that licensees implement and operate at all times the most efficient and accurate billing system;
(d)The promotion of fair competition in the communications industry and the protection of communications services and facilities providers from the misuse of market power or anti-competitive and unfair practices by other services or facilities providers or equipment suppliers.21
3.2 The National Broadcasting Commission22
The National Broadcasting Commission (NBC) is established by the National Broadcasting Commission Act.23 The NBC is responsible for advising the federal government on the implementation of the National Mass Communication Policy, with particular reference to broadcasting as well as licensing Cable, DTH, and all terrestrial radio and television services. The NBC is also responsible for undertaking research and development in the broadcast industry, upholding the principles of equity and fairness in broadcasting, and establishing and disseminating a national broadcasting code, while also setting standards with regards to the contents and quality of the materials broadcast.24
3.3 The National Information Technology Development Agency (NITDA)25
Following the approval of the National Information Technology Policy (National IT Policy) by the Federal Government of Nigeria in March 2001, the National Information Technology Development Agency (the NITDA) was established in 2001 under the Federal Ministry of Science and Technology. It was initially given with the task of implementing the policy through coordinating and promoting the development and use of information technology in Nigeria.26 Later, in 2007, the NITDA was formally established under an Act of the Nigerian National Assembly.27 The primary functions of the NITDA under the law comprise these: (a) creating a framework for the planning, research, development, standardisation, application, coordination, monitoring, evaluation and regulation of information technology practices, activities and systems in Nigeria and all matters related thereto and for that purpose;28 (b) providing guidelines to facilitate the establishment and maintenance of appropriate infrastructure for information technology and systems application and development in Nigeria for the public and private sectors, urban/rural development, the economy and the government;29 (c) developing guidelines for electronic governance;30 (d) developing guidelines for the networking of public and private sector establishments;31 (e) developing guidelines for the standardisation and certification of information technology Escrow Source Code and Obiect Code Domiciliation, Application and Delivery systems in Nigeria;32 (f) rendering advisory services in all information technology matters to the public and private sectors;33 (g) introducing appropriate regulatory policies and incentives to encourage private sector investment in the information technology industry;34 (h) determining critical areas in Information technology requiring research intervention and facilitating research and development in those areas; and, (i) accelerating internet penetration in Nigeria and promoting sound internet governance.35
An additional function of NITDA is to advise the Federal Government generally on issues related to the management and administration of Nigeria's country code top level domain (.ng) and also to supervise any organisation incorporated under the laws of Nigeria to manage and administer Nigeria's country code top level domain (.ng)36
3.4 The National Environmental Standards and Regulation Enforcement Agency37
The National Environmental Standards and Regulation Enforcement Agency (NESREA) was established in 2007 by the National Environmental Standards and Regulation Enforcement Agency (Establishiment) Act. The Agency is responsible for ensuring the effective enforcement of environmental laws and regulations in the country, except in the oil and gas industry. The Act establishing the Agency creates provisions for the setting of air quality standards and atmospheric protection.38 The Act also prohibits the discharge of hazardous substances into the air or upon the land and waters of Nigeria or at the adjoining shorelines except where such discharge is permitted or authorised under any law in force in Nigeria.39 Importantly, these provisions constitute a framework for controlling hazardous emissions from telecommunications and ICT equipment to prevent environmental and health hazards. An oversight in the law is illustrated by incessant confusion between the NESREA and the NCC's competing claims over the regulation of masts.40
3.5 The Standards Organisation of Nigeria41
The Standards Organisation of Nigeria (SON) was established under the Standards Organisation of Nigeria Act42 as a regulatory framework for enforcing standardising methods of production in Nigeria. The SON is required under the law to be actively involved in the inspection of imported goods and quality assessment at the ports and manufacturing establishments. The importance of this exercise is enormous, considering the economic, health and safety implications of the influx of substandard goods into the country. This regulatory function of the SON extends to the ICT industry in the regulation and enforcement of standards of ICT products and equipment manufactured in the country or imported from elsewhere.
4 Conceptual clarification
4.1 The utility and centrality of communications (services)
The centrality of communication services refers to the fundamental principle that the communications sector is of strategic importance to any economy. Thus ICTs, while being tradable services in their own right, are also the infrastructure over which other goods and services are traded and delivered in the present age.43
4.2 Economic, legal, self/owner regulations
The concept of regulation, though relative in meaning depending on discipline, has often been applied without recourse to fitness within context. The justifications, after enormous loss must have been suffered by the state from misapplication of the term, extend to its fluidity. Nonetheless, caution is required in its usage while effort should be made in ensuring it is construed with full understanding of requirements of context.
4.2.1 Economic regulation
This refers to eco-legal dimensions of the relevant market, including the ICT market. It generally extends to processes designed to fulfill government's existing duty to protect the public from the harmful conduct of others in the marketplace. A typical mechanism employed in this context is competition/anti-trust law. In the absence of an appropriate legal framework, the licensing of service providers has been one of the most important tools in the economic regulation of ICTs in Nigeria. This area of ICT regulation is presently guided by some basic principles, which include:
a. preventing the possible abuse of monopoly power or a dominant position by operators;
b. increasing competition; and
c. limiting the cost of regulation to what is essential.44
4.2.2 Legal regulation
This aspect encompasses all aspects of the legal management of the ICT sector or market. It includes the establishment of adequate legal measures such as sector-specific laws, regulations and policies that enable the creation of an enabling environment for the sustainable development of the ICT sector. This aspect also includes other legal requirements such as guidelines, directives and standards established by the relevant regulatory authorities in the form of infrastructural and operational requirements for network infrastructure operators, service providers, manufacturers and marketers of software and other IT equipment.
4.2.3 Self/owner regulation
This represents a regulatory approach that shifts most of the regulatory burdens of ensuring standards in ICTs from the government's regulatory institutions to the service providers.45 Here the prevailing notion is that market players know best how they should be regulated, especially where there is no large power disparity between the dominant and other operators.46
4.3 Deregulation and re-regulation
The concept of "deregulation" has to do with the liberalisation of an economic sector. This involves the removal of certain restrictions to enable the easy entrance of new service providers in order to enhance competition and discourage the formation of monopolies. Re-regulation refers to the reintroduction of a regulatory regime for the purpose of restoring order in any economic market.47
4.4 Economic policies and the evolving ICT market
4.4.1 The commercialisation and privatisation of Nigeria Telecommunications PLC (NITEL)
Prior to the liberalisation of the Nigeria telecommunications sector, the Nigeria Telecommunication PLC (NITEL), a federal government entity, had a monopoly in the provision of all telecommunications services in the country. However, the organisation was not permitted to make a profit while rendering such services. Later the federal government commercialised NITEL, thus allowing the organisation to make a profit. Nevertheless, this economic policy did not produce the expected impact with regards to improving the quality of telecommunications services and the viability of the Nigerian telecommunications market. Following the recent liberalisation of the Nigerian telecommunications sectors, the federal government privatised NITEL in very controversial circumstances. As a result of this, there has not been any positive economic benefit accruing to the public from the commercialisation and privatisation of NITEL.
4.4.2 Universal services/access
Universal service/access is primarily concerned with making available the provision of certain sets of telecommunications services as widely as possible, both geographically and socially.48 The idea behind universal services is to provide a safety net, to ensure that telecommunications services are used by the majority, efficiently making available quality services for users in an appropriate fashion and at an affordable price.49
5 Contemporary issues
5.1 Internet governance
Internet governance refers to regulatory mechanisms put in place to ensure the equitable allocation of internet resources such as domain names and internet protocol (IP) addresses. Some notable regulatory mechanisms in this regard have evolved. These include the Internet Corporation for Assigned Names and Numbers (ICANN) and the Nigeria Internet Registration Association (NIRA). Although there is presently no potent legal or regulatory framework to guide conduct on the internet, efforts are made to do so at inter-governmental level through ICANN.
5.1.1 The Internet Corporation for Assigned Names and Numbers (ICANN)50
The ICANN was founded over ten years ago as a non-profit, multi-stakeholder organisation dedicated to coordinating the Internet's address system. The organisation, based in California, seeks to promote competition in the domain name marketplace while ensuring Internet security and stability. The organisation has established a set of principles known as the Uniform Dispute Resolution Policy (UDRP) for Domain Names51 to guide the resolution of domain name disputes. The policy establishes a procedure for the online resolution of disputes relating to internet domain names. It also proposes a non-national authority for the resolution of internet domain name disputes, which avoids the competition and conflict that arise from the existence of a variety of national courts and rules.52
5.1.2 The Nigerian Internet Registration Association (NIRA)53
The Nigerian Internet Registration Association (NIRA) was founded on March 23, 2005 as a stakeholder-led organisation responsible for the management of Nigeria's Country Top Level Domain Name (ccTLD) .ng. The NIRA's creation was the end of a long period of inactivity and dispute about the appropriate management of this important national resource. The organisation is coordinated by NITDA, with stakeholders drawn from within Nigeria's Internet Community. The NIRA seeks to maintain and promote the operational stability and utility of the .ng ccTLD and, by ensuring cost effective administration, to promote the development and establishment of a policy framework for the development and administration of the "ng", "cc" and "TLD".
5.2. Jurisdictional questions
A disturbing legal issue has been that of finding the appropriate jurisdiction where valid judicial enforcement could take place in situations where two parties in different jurisdictions enter into a contract or an enforceable agreement over the internet. Private international law, although not conclusive, has attempted to provide a traditional solution through the "forum state" and "target state" system.54
5.2.1 The forum state system
Under this system, legal obligations in cyberspace are restricted to a particular territorial jurisdiction defined in an online contract. Such jurisdiction will be the forum state, and legal action cannot be brought to enforce any obligations between the parties except in that jurisdiction. The forum state system is generally supported by the business community, which places much emphasis on the risk of having to protect itself against proceedings in a wide range of jurisdictions. This position is strengthened by the realization that it may be difficult on the one hand to restrict the field of such claims to a given jurisdiction because an internet site is published worldwide, and on the other hand, there is a real and "virtual" challenge in identifying the user's location with certainty.55
5.2.2 The target state system
Under the target state system, legal obligations in cyberspace are not restricted to a particular territorial jurisdiction, but extend to the jurisdiction where a consumer is located. This system is preferred by consumer advocates because it tends to provide consumers with more extensive protection by allowing them to institute legal proceedings in their own countries and consequently take to advantage of their own national laws on consumer protection.56
5.3 Net neutrality
Net neutrality refers to the concept that a broadband network should operate without any restrictions on the kinds of equipment attached to it, or on the mode of communication allowed.57 "Net neutrality" is a principle that advocates no restrictions by internet service providers and governments on content, sites, platform, kinds of attachment, and the modes of communication. The principle states that if a given user pays for a certain level of internet access, and another user pays for the same level of access, then the two users should be able to connect to each other at the subscribed level of access. Neutrality proponents claim that telecommunications services providers seek to impose a "tired" service model upon users in order to control the paths and pipeline of internet services provided by them. They further argue that such would remove competition, create artificial scarcity, and oblige subscribers to buy uncompetitive services. Many believe that net neutrality is primarily important as a preservation of current freedoms. Vinton Cerf, co-inventor of the internet protocol, and Tim Berners-Lee, creator of the Web, have strongly supported network neutrality.58
5.4 Convergence
Convergence refers to the integration or merging of previously separate services in telecommunications/telephony, media/broadcasting and internet technologies into a single technological unit. The practical consequence is interoperability and the ability to access and operate services through a single device e.g. accessing the internet or a broadcast through a mobile phone. According to the ICT Regulation Toolkit "Convergence" is facilitated by the transition from analogue to digital, voice to data, narrowband to broadband, circuit switched to packet switched, one way to interactive, scarcity to abundance, and the accompanying digitalization of all content. Generally, convergence allows both previously separate sectors and entirely new sectors to compete in the same newly expanded market space.'59 For example, there are already numerous examples of markets offering IPTV and mobile television. In this new, converged market space, customers can expect the seamless provision from multiple sources on a single device of all electronic communications for one supplier competing with many other suppliers.60 However, convergence is not complete in most developing countries, such as Nigeria. The implication is that the benefits of a converged ICT environment have been limited by the absence of a converged regulatory environment as well as a binding legal framework. Having the preceding pillars in place would support interoperable technologies that drive convergence and enable consumers to enjoy the benefits of convergence.
The contemporary challenge with convergence in Nigeria in contrast to other experienced market systems such as Europe is the reluctance to embrace regulatory convergence.
5.5 Electro-magnetic radiation (EMR) and health concerns
There are health dimensions to ICT usage. However, between governments and ICT operators in many jurisdictions, it seems that the attempt is chiefly to discredit claims that there are health hazards rather than to structure an effective legal regime that guarantees best practice. The topic readily provides a platform for controversy due to the possible liability that may attach to some practices. Notwithstanding, there are grounds to conclude that telecommunications equipment such as base stations as well as mobile phones do in fact emit electro-magnetic radiation that is ultimately harmful to the health of human beings.61 Electromagnetic radiation consists of waves of electric and magnetic energy moving together through space at the speed of light.62 Issues regarding the harmful health impact of electro-magnetic radiation from base stations have been the subject of legal disputes in several countries. For example, in 2002 Vodafone, a GSM operator in Britain, sought to install mobile telephone antennae in the towers of the churches of St Margaret, Hawes and Holy Trinity, Knaresborough, in Leeds, England. This action resulted in objections from residents who lived within the vicinity of the churches, primarily on the grounds of the risks to their health from living close to the antennae. Vodafone petitioned the court in the combined cases of St. Margaret Hawes (No 215 of 2002) and Holy Trinity Knaresborough (No 233 of 2002). The issue for determination before the court was whether or not radiation from a telecommunications base station might affect the health of people in the vicinity of such base stations. The matters were resolved by determining the appropriate base station radiation emission threshold.63
In Nigeria, all deployed telecoms equipment, installations, terminal equipment, mobile handsets and equipment in customers' premises sold by all Nigeria telecom operations in their various bundled promotions are required to be type-approved by the telecommunications industry regulator, the Nigeria Communications Commission (NCC). This is in compliance with the electro-magnetic field (EMF) thresholds set by the International Commission on Non-ionising Radiation Protection (ICNIRP) guidelines, the ITU, Institute of Electrical and Electronic Engineers (IEEE), amongst other industry standards-setting bodies.64 While the debate on whether or not emissions pose health threats for Nigerian users of identified products continues, NESRA has fiercely sustained the task of regulating the related practices and the location of base stations to prevent environmental health hazards.65
5.6 The telecommunications three 'As': accessibility, availability and affordability
5.6.1 Accessibility
Telecommunications services should be accessible to subscribers/consumers that have subscribed to such services. In developed societies such as Finland and some other European countries, the denial of access to anyone who deserves access is taken very seriously. The principle essentially implies that telecommunications services should be accessible to all individuals, especially for emergency purpose.
5.6.2 Availability
Telecommunications services should always be available to subscribers/consumers when such services are requested by them, notwithstanding the time of the request and the location. Some successes have been recorded since the sector was liberalised.66 However, more could have been achieved in tariff reduction and the efficiency of the service provided,67 judging from what obtains in other societies.
5.6.3 Affordability
Telecommunications services should be available to all subscribers at affordable prices. This policy aims to prevent the occurrence of a "digital divide" in the use of telecommunication services amongst earners of different levels of income. Considering the importance of telecommunications, it is required that services should be affordable without discrimination to people of varied social status. With the principle of affordability determining tariff plans across a number of mobile operators, there will still be an opportunity to supply advanced services to persons who prefer them and would be ready to pay for applications or services available in a network regardless of cost.
6 Local challenges
For the purpose of illuminating significant themes and questions for the present and future regulatory management of the ICT sector in Nigeria, the sub-theme of this paper is an examination of selected challenges affecting ICT delivery in the country.
6.1 Consumer protection
The protection of ICT consumers has posed a major challenge to ICT regulation in Nigeria. This problem has been compounded by the continuous impact of convergence in the ICT environment. Presently, various regulatory frameworks for ICT in Nigeria have not created adequate measures to ensure synergy and create an enabling environment for the adequate protection of consumers. In this regard, it should be noted that the Consumer Affairs Bureau (CAB)68 of the Nigerian Communications Commission (NCC) has not painstakingly remedied the complaints of telecommunications consumers in the face of convergence. Given this state of affairs, it is necessary to ensure the existence of appropriate consumer protection mechanisms in a converged ICT environment.69
6.2 Computer-generated documentary evidence
In 2011 a new Evidence Act was enacted to authorize the admissibility of "statements contained in a document produced by a computer ... as evidence".70
The fact that computer-generated documents were previously inadmissible had made life difficult for the courts, and had created situations that undermined the activities of government as well as private individuals in Nigeria.71 For instance, the Nigerian contract laws required that a contract should be oral or in writing, and never contemplated the formation of electronic contracts.72 Under the new regime, however, documents in electronic formats containing electronic signatures as verification, for instance, will freely be processed, thus closing the earlier legal vacuum.73 The earlier judicial interpretations74 on the admissibility of electronic documents created juridical confusion as there were conflicting decisions across various courts in the land, including the Supreme Court. Some confusion may still occur in the interpretation of "computer" and "equipment" to include mobile phones for the purposes of admissibility.75 Construed purposefully, it is should not be difficult to recognise that mobile phones are considered within the contemplation of the Evidence Act of 2011.
6.3 The centrality of telecommunications/ICTservices
A major challenges to the ICT system in Nigeria include a dearth of expertise, the regulatory authorities' unwillingness to engage indigenous experts when they are available, and the poor construction and unsatisfactory implementation of sector-specific (eg telecommunications) laws. These challenges result from interpreting the regulations through a narrow lens, a practice that is far removed from the fundamental principles that underlie the provision of telecommunications services.76 For the purposes of leapfrogging development in transition economies such as Nigeria, the implementation of the principles of affordability, availability and accessibility has been considered crucial. Though service providers are primarily accountable for access to, the availability of and the affordability of telecommunications services, nonetheless the government is still under a statutory obligation to the guarantee integrity of the ICT legal environment and processes.
6.4 Privacy concerns
The huge possibilities and benefits that accompany ICT deployment and indeed, convergence, have been obscured by an indifference to appropriate regulation on privacy. ICT in Nigeria is developing without a legal framework to protect the privacy of individuals in this rapidly evolving ICT environment. This was recently evident in the confusion that attended the telecommunications providers' (and later, the government's) attempts to capture subscribers' data during the SIM registration exercise. The confusion that attended the exercise would be largely traced to the lack of a framework - authorisations, a database, locations, guidelines and procedures relating to the capturing, storage and retrieval of data. Given the many negative uses to which data can be applied, it is necessary to develop a credible regime for the management and regulation of access to the personal data obtained from telecommunications subscribers. In this regard it should be noted that Nigeria presently lacks a data protection law. Data77 protection refers to the protection of the privacy of personal data or information relating to any identifiable individual from all forms of threats and abuses;78 such as unauthorised destruction, accidental loss and unauthorized access, alteration or dissemination of data.79
6.5 The quality of services (QoS)
The poor quality of telecommunications services has been one of the major challenges to the ICT system in Nigeria. One of the causes of this problem has been the poor quality, insufficiency and inefficiency of the basic infrastructure that supports the operation of ICT networks and equipment in Nigeria. For example, it is common knowledge that the electrical power supply in Nigeria is highly erratic, and this renders ICT networks unreliable due to the occurrence of regular power outages and interruptions, and expensive due to having to cover the resulting costs of maintaining ICT infrastructure and equipment in Nigeria. It is doubtful if indifference and harmless threats would provide a remedy to users of the services.80
6.6 Broadband deployment
The deployment of broadband infrastructure has been slow in most developing countries, including Nigeria. This has been caused largely by the absence of adequate funding for such initiatives, as well by government insincerity. It had created the USPF to pursue the initiative and to deal with the cost implications of ensuring high speed applicable services.
6.7 E-commerce and internet banking
E-commerce has to do with commercial transactions that take place electronically or by means of an electronic data interchange.81 On the other hand, internet banking refers to the use of internet technologies in bank transactions. In this form of banking, customers access their accounts and general information on bank products and services through computers, mobile phones or other intelligent devices82 after establishing a connection with the bank's computer system over the internet. Internet banking is a form of E-commerce. Presently in Nigeria e-commerce and internet banking have not been fully developed. Consequently, a limited range of e-commerce and banking services are offered through the internet in Nigeria.83
7 Benchmarks for repositioning the ICT sector in Nigeria
Some regulatory benchmarks are imperative to repositioning the ICT sector and enhancing the sustainable regulation of ICT in Nigeria. They include the following:
7.1 Consumer confidence
Regulatory institutions in the ICT sector should strive for an improvement in the confidence of the regulated entities on the one hand and on the other, seek to establish similar trust in the business conduct of service providers towards consumers. This can be achieved by ensuring the establishment and enforcement of relevant consumer protection laws and the strict enforcement of the regulations that promote the initiative in the sector. The process will ensure efficient output and an effective outcome in restoring consumer confidence capable of stimulating beneficial economic results from the sector.
7.2 Competition law
Competition obligations require institutions to secure appropriate behaviours amongst service providers in the market place. The regulatory authorities require efficient tools to create the requisite enabling environment for competition in the ICT sector in Nigeria. In this connection, there is a need for the enactment of responsive competition legislation and the construction of a formidable institution to regulate economic interactions amongst service providers in Nigeria. The competition rules presently embedded in sector-specific legislation should be vigorously implemented pending the drafting of umbrella legislation.84
7.3 The enforcement of regulations in the communications sector
To reposition the ICT sector and enhance the sustainable regulation of ICT in Nigeria there is need for the regulatory institutions and authorities to ensure adequate enforcement of the existing regulations in the sector. Growing frustration with the quality of service and the seeming helplessness of consumers only impede economic development, which is crucial in the transitional economic phase of a country such as Nigeria.
7.4 Data protection legislation
The enactment of data protection laws at the federal level and across the states in Nigeria is an imperative, considering current local and global realities. A data protection law will guide operators and government in establishing clear, minimum safeguards and security measures to protect privacy concerns in e-commerce, communication services85 and networks as well as web-based applications, transactions and social network sites.
8 Conclusion
The nature of the laws in Nigeria reveals the anticipation of a liberalised and regulated ICT sector, although the concept of regulation has not been sufficiently manifested in managing post-reform processes. Furthermore, the rapid technological innovations in the ICT have not changed the regulatory attitude and strategy in resolving associated issues of privacy, jurisdiction and quality of service. These challenges continue to undermine the inherent potential in the sector and the traditionally guaranteed rights of privacy. Securing the optimum protection for consumers in a competitive market requires regulatory and institutional frameworks which are presently lacking in Nigeria. Realities reveal a need to strengthen regulatory practice and reposition the Information and Communications Technology in Nigeria in order to enable further development. The current regulatory practice, for example, of inaction and a refusal to punish criminal breaches of service undertakings, must not be allowed to persist. Effective regulatory response and redress are required for civil violations in the ICT market place, in order to boost consumer confidence and to achieve efficiency in the quality of the service provided.
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Osuagwu P "Fresh Trouble in Telecom Sector" The Vanguard (27 August 2012) available online http://www.vanguardngr.com/2012/08/fresh-trouble-in-telecom-sector-senate-frowns-at-non-resolution-of-indiscriminate-telecom-facility-closure/ accessed 27 November 2013 [ Links ]
Salawu RO et al "The Emergency of Internet Banking in Nigeria: An Appraisal" 2007 JILT490-496 [ Links ]
Udotai B "The Growth and Challenges of Information Technology in Law Practice in Nigeria" in Nwosu NK (ed) Legal Practice Skills and Ethics in Nigeria: Essays in honour of Chief Babatunde Ibironke (DCON Consulting Lagos 2004) 231-234 [ Links ]
Walden I "Telecommunications Law and Regulation: An Introduction" in Walden I (ed) Telecommunications Law and Regulation 3rd ed (Oxford University Press London 2009) 11 - 17. [ Links ]
Case law
Anyeabosi v RT Briscoe (Nig) Ltd 1987 3 NWLR (Pt 59) 84; 2 NSCC (Vol 18 Pt 2) 805
EFCC v Fani-Kayode unreported case of 2009
Esso West Africa Inc v Oyegbola 1969 1 NNLR 194
Evangelist Mrs Helen Ukpabio v National Films and Video Censors Board unreported case number CA/A/ 103/06 of 9 January 2008
Nuba Commercial Farms Limited v NAL Merchant Bank Ltd 2002 24 WRN 157, 2003 FWLR (Pt 145) 661 CA
Ogolo v IMB (Nig) Ltd NWLR (Pt 419) 314 CA
Evidence Act of 2011
National Broadcasting Commission Act 38 of 1992 (amended by Act 55 of 1999)
National Environmental Standards and Regulations Enforcement Agency (Establishments) Act of 2007
National Film Video Censors Board Act 85 of 1993
National Information Technology Development Agency Act of 2007
Nigerian Communications Act of 2003
Nigerian Electronic Transactions Bill, 2011
Standards Organisation of Nigeria Act of 2004
Wireless Telegraphy Act of 1990
International instruments
Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (1981)
Council of Europe Convention on Cybercrime (2001)
EU Directive 95/46/EC on the Protection of Individuals with regard to the Processing of Personal Data and on the Free Movement of Such Data (1995)
Internet sources
Akosile I 2013 Fraud Perpetrated by Mobile Service Providers in Nigeria http://saharareporters.com/letter/fraud-perpetrated-mobile-service-providers-nigeria accessed 23 November 2013 [ Links ]
Cerf V 2005 Letter to the US Congress on Net Neutrality http://googleblog.blogspot.com/2005/11/vint-cerf-speaks-out-on-net-neutrality.html accessed 5 September 2013 [ Links ]
Channels Television 2013 Five Years Jail Term for Poor Telecom Service in Nigeria http://www.channelstv.com/home/2013/12/17/five-years-jail-term-for-poor-telecom-service-in-nigeria/ accessed 17 November 2013 [ Links ]
Ezekiel E 2010 NESREA vs NCC: The Raging Battle Over Regulation of Telecoms Masts http://www.nigerianbestforum.com/generaltopics/nesrea-vs-ncc-raging-battle-over-regulation-of-telecoms-masts/ accessed 15 February 2013 [ Links ]
Internet Corporation for Assigned Names and Numbers 2011 Home Page http://www.icann.org/ accessed 15 February 2011 [ Links ]
InfoDev and International Telecommunication Union 2009 New Technologies and their Impact on Regulation: Module 7 in ICT Regulation Toolkit http://www.letregualtionstoolkit.org/en/sections.html accessed on 15 February 2011 [ Links ]
Ndibe O 2013 Who's Exploiting Nigerian Mobile Phone Users? http://saharareporters.com/column/who%E2%80%99s-exploiting-nigerian-mobile-phone-users-okey-ndibe accessed 23 November 2013 [ Links ]
Nigerian Internet Registration Association 2011 About NIRA http://www.nira.org.ng/index.php/about-nira accessed 15 February 2011 [ Links ]
Ogunseye "Selling Cyber Crime with Passion" NBF Topics http://www.nigerianbestforum.com/generaltopics/selling-cyber-crime-with-passion/ accessed 8 April 2014 [ Links ]
Onwuegbuchi C 2008 Telecom Equipment and Radiation Concerns http://nigeriacommunicationsweek.com.ng/node/263 accessed 5 September 2013 [ Links ]
Pyramid Research 2010 The Impact of Mobile Services in Nigeria: How Mobile Technologies are Transforming Economic and Social Activities http://www.pyramidresearch.com/documents/IMPACTofMobileServicesInNIGERIA.pdf accessed 5 September 2013 [ Links ]
Standards Organisation of Nigeria 2011 Home Page http://www.son.gov.ng/ accessed 15 February 2011 [ Links ]
Uhls A 2007 Digital Divide: The Issue of Net Neutrality http://www.imprintmagazine.org/life_and_style/digital_divide_issue_net_neutrality accessed 5 September 2013 [ Links ]
Wyatt E 2013 A Ruling Could Support FCC's Net Neutrality Defense http://bits.blogs.nytimes.com/2013/05/20/aid-for-f-c-c-in-defending-its-net-neutrality-rules/?ref=netneutrality accessed 5 September 2013 [ Links ]
CAB Consumer Affairs Bureau
ccTLD Country Top Level Domain Name
DTH Direct to Home
EFCC Economic and Financial Crimes Commission
EMF Electro-magnetic field
EMR Electro-magnetic radiation
GSM Global System for Mobile Communication
JBL Journal of Business Law
JILT Journal of Information Law and Technology
ICANN Internet Corporation for Assigned Names and Numbers
ICNIRP International Commission on Non-ionising Radiation Protection
ICT Information and communications technology
IEEE Institute of Electrical and Electronic Engineers
IJEDICT International Journal of Education and Development using ICT
IP Internet protocol
IT Information technology
ITU International Telecommunication Union
NBC National Broadcasting Commission
NCA Nigerian Communications Act
NCC Nigerian Communications Commission
NESREA National Environmental Standards and Regulations Enforcement Agency
NESREA Act National Environmental Standards and Regulations Enforcement Agency (Establishments) Act
NFVCB National Film Video Censors Board
NIRA Nigerian Internet Registration Association
NITDA National Information Technology Development Agency
NITDA Act National Information Technology Development Agency Act
NITEL Nigeria Telecommunications PLC
NRA National Regulatory Authority
OECD Organisation for Economic Co-operation and Development
OFTEL Office of Telecommunications
QoS Quality of service
SON Standards Organisation of Nigeria
UBLJ University of Benin Law Journal
UDRP Uniform Dispute Resolution Policy for Domain Names
USPF Universal Service Provision Fund
WTA Wireless Telegraphy Act
The author is grateful to the anonymous reviewers for their comments and useful suggestions.
1 Obayelu and Ogunlade 2006 IJEDICT 65.
2 Juwah "Driving Convergence" 4.
3 Wireless Telegraphy Act of 1990.
4 Under the WTA, "wireless telegraphy" is defined to mean "... the emitting or receiving, over paths which are not provided by material substance constructed or arranged for that purpose, of electro-magnetic energy of a frequency not exceeding three million megacycles a second, being energy which either-
(a) serves for the conveying of messages, sound or visual images (whether the messages, sound or images are actually received by any person or not), or for the actuation or control of machinery or apparatus; or
(b) is used in connection with the determination of position, bearing or distance, for the gaining of information as to the presence, absence, position or motion of any obiect or any obiects of any class, and reference to stations for wireless telegraphy and apparatus for wireless telegraphy shall be construed as references to stations and apparatus for the emitting or receiving as aforesaid of electro-magnetic energy as aforesaid: provided that where-
(i) a station or apparatus for wireless telegraphy cannot lawfully be used without license or could not lawfully be used without a licence but for regulations under this Act; and
(ii) any such electro-magnetic energy as aforesaid which is received by that station apparatus serves for the conveying of messages, sound or visual images; and
(iii)any apparatus is electrically coupled with that station or apparatus for the purpose of enabling any person to receive any of the message, sound or visual images, the apparatus so coupled shall itself be deemed for the purpose of this Act to be apparatus for wireless telegraphy." See s 2 of the WTA.
5 Ss 4-6 of Nigerian Communications Act of 2003 (NCA).
6 S 3 of the NCA.
7 See the NCA.
8 S 1 of the NCA.
9 S 3 of the NCA.
10 S 2 of the NCA.
11 Further see, Advocacy for Social Rights The Punch 24.
12 See the National Broadcasting Commission Act 38 of 1992 (amended by Act 55 of 1999) (NBC Act).
13 See the NBC Act.
14 Merging the National Broadcasting Commission (NBC), Nigerian Communications Commission (NCC) and National Information Technology Development Agency (NITDA) as one regulatory entity for the Information and Communications Technology (ICT) sector.
15 National Film Video Censors Board Act 85 of 1993.
16 See Evangelist Mrs Helen Ukpabio v National Films and Video Censors Board unreported case number CA/A/ 103/06 of 9 January 2008.
17 See generally the National Film Video Censors Board Act 85 of 1993.
18 See the NCA.
19 See s 3 of the NCA.
20 See the NCA.
21 S 3 of the NCA.
22 See the NBC Act.
23 See the NBC Act. ==24 See the NBC Act.
24 See the NBC Act.
25 See the National Information Technology Development Agency Act of 2007 (NITDA Act).
26 See Udotai "Growth and Challenges of Information Technology" 231; Ajayi "NITDA and ICT in Nigeria".
27 The NITDA Act.
28 S 6(a) of the NITDA Act.
29 S 6(b) of the NITDA Act.
30 S 6(c) of the NITDA Act.
31 S 6(d) of the NITDA Act.
32 S 6(e) of the NITDA Act.
33 S 6(f) of the NITDA Act.
34 S 6(g) of the NITDA Act.
35 S 6 of the NITDA Act.
36 Second schedule, s 6(m) of the NITDA Act - Supplementary Provisions Relating to the Supervision of the Management of the Country Code Top-level Domain (.ng) on the Internet.
37 The National Environmental Standards and Regulation Enforcement Agency (Establishment) Act of 2007 (NESREA Act).
38 S 20(1) of the NESREA Act.
39 S 27(1) of the NESREA Act.
40 See for example Osuagwu The Vanguard.
41 See SON 2011 http://www.son.gov.ng/.
42 See the Standards Organisation of Nigeria Act of 2004.
43 Walden "Telecommunications Law and Regulation" 4.
44 Correa "Economics of Telecommunications Regulation" 56-58.
45 Walden "Telecommunications Law and Regulation" 10.
46 Buckingham et al "Telecommunications Reform" 800.
47 Reregulation is often implemented in response to an unsatisfactory outcome of the policy of deregulation.
48 Walden "Telecommunications Law and Regulation" 11. See ITU "ICTs and the Millennium Development Goals".
49 OFTEL Universal Telecommunications Services; Kemmitt and Angel "Telecommunications Regime"v156.
50 See ICANN 2011 http://www.icann.org/.
51 ICANN 2011 http://www.icann.org/.
52 ICANN 2011 http://www.icann.org/.
53 See NIRA 2011 http://www.nira.org.ng/index.php/about-nira.
54 Benyehlef and Fabien 2005 Lex Electronica 55-58.
55 Benyehlef and Fabien 2005 Lex Electronica 55.
56 Benyehlef and Fabien 2005 Lex Electronica 55.
57 Uhls 2007 http://www.imprintmagazine.org/life_and_style/digital_divide_issue_net_neutrality.
58 See Cerf 2005 http://googleblog.blogspot.com/2005/11/vint-cerf-speaks-out-on-net-neutrality.html. Further see Wyatt 2013 http://bits.blogs.nytimes.com/2013/05/20/aid-for-f-c-c-in-defending-its-net-neutrality-rules/?ref=netneutrality.
59 InfoDev and ITU 2009 http://www.letregualtionstoolkit.org/en/sections.html.
59 InfoDev and ITU 2009 http://www.letregualtionstoolkit.org/en/sections.html.
60 InfoDev and ITU 2009 http://www.letregualtionstoolkit.org/en/sections.html.
61 See N'ukhet Yilmaz Turgut 2008 JBL 269-289.
62 Onwuegbuchi 2008 http://nigeriacommunicationsweek.com.ng/node/263.
63 Onwuegbuchi 2008 http://nigeriacommunicationsweek.com.ng/node/263.
64 Onwuegbuchi 2008 http://nigeriacommunicationsweek.com.ng/node/263.
65 See Ezekiel 2010 http://www.nigerianbestforum.com/generaltopics/nesrea-vs-ncc-raging-battle-over-regulation-of-telecoms-masts/.
66 As indicated elsewhere, for example, instead of undertaking unnecessary journeys people make phone calls to obtain the needed market and financial information. The lower cost of mobile communications compared with fixed telephony is often held up as one of the main financial gains of the system, especially in areas outside Lagos. See generally Pyramid Research 2010 http://www.pyramidresearch.com/documents/IMPACTofMobileServicesInNIGERIA.pdf 62.
67 See Akosile 2013 http://saharareporters.com/letter/fraud-perpetrated-mobile-service-providers-nigeria, in comparison with Ndibe 2013 http://saharareporters.com/column/who%E2%80%99s-exploiting-nigerian-mobile-phone-users-okey-ndibe.
68 The Consumer Affairs Bureau (CAB) of the Nigerian Communications Commission (NCC) was established in September 2001 to inform, educate and protect the consumers of telecommunications services in Nigeria. The CAB is responsible for responding to consumer complaints.
69 Buckingham and Williams "Designing Regulatory Frameworks" 881.
70 S 84(1) of the Nigeria Evidence Act of 2011.
71 The concern re crime in cyberspace was recently highlighted in a report that "The United States leads with 65 per cent of cyber-criminal activities, the United Kingdom with 9.9 per cent while Nigeria is the next hub of cyber criminals in the world with eight per cent". The report particularly noted that "over 7m was lost globally to cyber criminals in 2009 while a 22 per cent increase in cybercrime was recorded globally between 2008 and 2009". See generally Ogunseye NBF Topics 12.
72 Udotai "Growth and Challenges of Information Technology" 234.
73 For some years now the Nigerian Electronic Transactions Bill, 2011 has been pending before the National Assembly. The Bill proposes to facilitate the use of information represented in electronic media, regardless of the technologies employed, by giving electronic documents functional recognition. See Udotai "Growth and Challenges of Information Technology" 234-233.
74 See the cases of Nuba Commercial Farms Limited v NAL Merchant Bank Ltd 2002 24 WRN 157, 2003 FWLR (Pt 145) 661 CA; and EFCC v Fani-Kayode unreported case of 2009, where the Court of Appeal and the High Court respectively held that hard copies of electronic documents could not be admitted as evidence under the Nigerian Evidence Act. Contrast this with the position of the Supreme Court in the cases of Esso West Africa Inc v Oyegbola 1969 1 NNLR 194 and Anyeabosi v RT Briscoe (Nig) Ltd 1987 3 NWLR (Pt 59) 84; 2 NSCC (Vol 18 Pt 2) 805, where the Supreme Court held that hard copies of electronic documents were admissible as evidence. See also the case of Ogolo v IMB (Nig) Ltd NWLR (Pt 419) 314 CA, where the Court of Appeal held that copies of electronic evidence were admissible for further discussions on the admissibility of electronically generated evidence in Nigeria. See Chukwuemerie 2006 SCRIPT-ed; Osibanjo "Electronically Generated Evidence" 243; Ohiocheoya and Azuka 2008 UBLJ 83; Bamodu 2004 JILT.
75 While mobile phones were not expressly mentioned under the Evidence Act, s 84(5)(c) of the Act may have suggested their inclusion. The section provides that "a document shall be taken to have been produced by a computer whether it was produced by it directly or (with or without human intervention) by means of any appropriate equipment".
76 Accessibility, availability and affordability.
77 The term "data" has been defined to mean any "representation of facts, information or concepts in a form suitable for processing in a computer system, including a programme suitable to cause a computer system to perform a function". See A 1(b) of the Council of Europe Convention on Cybercrime (2001).
78 See A 2(a) of the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (1981). See also the EU Directive 95/46/EC on the Protection of Individuals with regard to the Processing of Personal Data and on the Free Movement of Such Data (1995).
79 See A 7 of the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (1981).
80 See for example Channels Television 2013 http://www.channelstv.com/home/2013/12/17/five-years-jail-term-for-poor-telecom-service-in-nigeria/.
81 OECD Economic and Social Impact of Electronic Commerce 28.
82 Carlson et al "Internet Banking".
83 Salawu et al 2007 JILT490-496.
85 Concerns expressed by subscribers during SIM card registration underline the need for a statutory framework with clear responsibilities for government, communications providers, e-commerce outlets and several other entities that have so far carried on business as data collections agents in Nigeria. The point must be made that personal data should be dealt with in accordance with strict guidelines.


text:
My thought for today can be found here.
From the kitchen of One Perfect Bite...It is hard to believe that a recipe this simple can produce such delicious ribs, but rest assured it does. I live with rib experts and they love the dish I'm sharing with you tonight. My gang tends to prefer the less elegant cuts of meat and will bypass a t-bone for a flatiron steak any day of the week. Knowing that, you won't be surprised to learn that they'd choose short ribs over sirloin anytime they don't have to pay the price differential. Therein lies the rub. Short ribs are not cheap and it is entirely possible to serve a family a standing rib roast for what a stew made with short ribs might cost. The ribs, which are fatty, have a wonderful flavor and a stringless texture, that makes for melt-in-your mouth eating. will melt in your mouth. I don't make these ribs often. I work on the theory that anything that releases the amount of fat they do can't be good for you, so I temper my enthusiasm and make them only once or twice a year. When I do make them, I don't hold back. I've become expert at skimming fat from pan juices and that helps a lot. This recipe would make a great Father's Day meal and it is perfect for moms who do not want to man the grill. I do hope you'll give these ribs a try. I know you will enjoy them. Here is how they are made.
Saucy Slow-Oven Short Ribs...from the kitchen of One Perfect Bite
1 tablespoon olive oil
3 slices thick-cut bacon, cut in 1/2-inch dice
5 pounds short ribs
Salt and pepper
1/3 cup flour
1 large onion, chopped
1 tablespoon chopped garlic
1 cup ketchup
1 (10.5-oz.)can condensed beef broth, undiluted
2 tablespoons sugar
2 tablespoons white vinegar
2 tablespoons Worcestershire sauce
1 teaspoon dry mustard
1/4 teaspoon black pepper
1) Preheat oven to 300 degrees F.
2) Heat oil in a large Dutch oven. When it shimmers, add bacon and fry until lightly browned. Remove bacon from pan and drain off all but 2 tablespoons of drippings.
3) Liberally season short ribs with salt and pepper and dredge all sides in flour. Heat bacon drippings until almost smoking. Brown ribs, in two batches, until deep brown, about 5 minutes per side. Remove from pan, again pouring off all but 2 tablespoons of drippings. Add onions and garlic and cook until softened, about 3 minutes. Add ketchup, broth, sugar, vinegar, Worcestershire sauce, mustard and black pepper. Mix well and bring to a simmer. Return ribs to pan, spooning sauce over all surfaces. Cover pan and cook for 3 hours.
4) Remove ribs from Dutch oven. Skim fat from sauce. Serve ribs with sauce. Yield: 6 servings.
One Year Ago Today: Strawberry Yogurt Cake
Two Years Ago Today: Asparagus Pesto
Three Years Ago Today: Marinated Mushrooms
Four Years Ago Today: Fresh Mint Ice Cream

subset: commoncrawl


text:
FSU Athletics Partners With Sunny 97.3 FM
Big Rapids, Mich. - The Ferris State University Athletics
Department, in conjunction with the Bulldog Sports Network, has
announced a new multi-year broadcasting and promotional agreement
with local radio station WDEE (97.3 FM).
The multi-year agreement, which will commence with the 2011-12 athletics season, will make Sunny 97.3 FM the "Home of the Bulldogs" and the flagship station of the Bulldog Sports Network while offering a consistent and high-quality voice on the local airwaves. The partnership is also expected to enhance listenership along with marketing and promotional opportunities between the two entities.
The Bulldog Sports Network and Sunny 97.3 will initially air all football, hockey and men's basketball contests live per the agreement. In addition to being carried live on the local radio airwaves, the agreement also allows for live internet broadcasts thru the Bulldogs' new multimedia audio and video portal, which will launch this fall thru Stretch Internet at www.FerrisStateBulldogs.com.
The new deal will bring an end to the Bulldogs' play-by-play broadcast relationship with Mentor Partners as the radio home for FSU Athletics. Sunny 97.3 seized the opportunity to partner with Ferris State Athletics when the previous agreement came to an end.
In addition to the local radio voice, the agreement will also allow live streaming audio and video for all home contests in the three sports with live internet audio offered for all road games. Video, which will be produced in conjunction with the university's Television and Digital Media Production Program, will be carried on a pay-per-view basis with all audio streamed live free of charge. Broadcasts will also be available via on-demand.
All broadcasts, home or away, will be proceeded by the 30-minute "Bulldog Pregame" show, which features a preview of the game, comments from the coaches and news from around the conference. The broadcasts will also include a "Bulldog Postgame" show recapping the event.
The first broadcast is scheduled for Friday, Sept. 2, when the Bulldog football team hosts preseason nationally-ranked Hillsdale in the season opener at Top Taggart Field. Pregame coverage is slated to begin at 7 p.m. (ET) with kickoff scheduled for 7:30 p.m. (ET).
Veteran play-by-play announcer Rob Bentley will provide the play-by-play coverage for all Bulldog Football contests this fall with local media personality Sandy Gholston offering color commentary. The duo has been part of the Ferris State football broadcast team for more than five years and is also expected to serve as part of the basketball broadcast team again this winter with Dominic Hennig calling the hockey action for the third consecutive season.
Sunny 97.3 is the area's number one oldies station and offers news, sports along with weather from its downtown Big Rapids location. They have also been the local radio affiliate of the Detroit Red Wings, Detroit Tigers and Minor League Baseball's West Michigan Whitecaps. The station, which is licensed to Reed City with studios in Big Rapids, operates at 2,850 watts and can be heard thru various large portions of the four-county area consisting of Mecosta, Newaygo, Osceola and Lake Counties.
Ferris State Athletics and Sunny 97.3 FM previously teamed up to carry the Bulldog men's basketball team's march to the NCAA Division II Sweet Sixteen this past March.
For more information on supporting Bulldog broadcasts, please contact Sunny 97.3 at (231) 796-9730 and ask for a sales representative.
"What they are saying about the new partnership"
Perk Weisenburger - FSU Athletics Director
"We're excited about moving forward with Sunny 97.3 as the Home of the Bulldogs. This broadcast partnership and creation of a true flagship station is an aspect of our multimedia package that our athletic department has been in search of and is one that both entities, Sunny 97.3 and Bulldog Athletics, can build on in the years to come."
Steve Masters - Sunny 97.3 FM Owner
"We're excited about this new partnership and are looking forward to a long and successful relationship between Ferris State Athletics and Sunny 97.3."
Jeff Pierce - Head Football Coach
"I'm thrilled our fans will have an opportunity to listen to Bulldog Football on Sunny 97.3. They've been an active participant in the community over the years and I think our product will only continue to grow on their airwaves."
Jon Coles - Associate Athletics Director
"Sunny 97.3 will further supplement and enhance the growth that we have seen over the past few years in terms of local and regional sponsors finding new ways to partner with Ferris State, our quality student-athletes and promising athletics department."
Bill Sall - Men's Basketball Head Coach
"Sunny 97.3 did an outstanding job in carrying and promoting our postseason coverage last season and it will be wonderful to have our team back on a local station full-time this coming year."
Bob Daniels - Head Hockey Coach
"It's an exciting time to have Ferris State Athletics, and Bulldog Hockey in particular, on the air live in the Big Rapids and Reed City areas on Sunny 97.3. We look forward to a great partnership with them."
Rob Bentley – Athletics Communications/Play-By-Play Announcer
"I'm excited about the opportunity to help call the action on Sunny 97.3 FM. It will be a welcome addition for our fans to have one consistent home on the dial in which to listen to Ferris State Athletics."
Tom Schneider - Bulldog Football Senior Quarterback
"It's important to give our fans the opportunity to listen both on the radio and over the internet. It will be exciting to have our games showcased on Sunny 97.3 and the Bulldog Sports Network."


text:
One day last July during training camp, Jason Hanson was one of the Lions chosen to speak to the media from the podium.
Just before he arrived, I told one of the media interns that Hanson was a riot, the stand-up comedian of NFL place kickers.
That day he started out slow, then pulled out the dry wit as he usually did. Seems he was having a hard time with Derek Dimke, the other kicker at camp. Dimke was 1 years old when Hanson was drafted by the Lions in 1992.
'The first couple of days he kept calling me sir and I was getting really irritated with that. I was like 'dude knock it off,' Because I think he actually meant it, I was reading his eyes like is he kidding, he's not,'' Hanson said. 'Don't call me that. Once we got that settled, we were fine.
'So I started wearing my hat again so you can't see my bald head,'' Hanson added.
Hanson announced his retirement on Thursday after 21 seasons with the Lions.
He will be missed by the fans, his teammates and coaches and, yes, even the media.
Hanson was not just a stand-up comedian, but also a stand-up guy.
As a sports writer for 24 years covering all sports at pro and college level, Hanson is one of the classiest guys I've ever dealt with. Not only a future Hall of Fame kicker, Hanson is a good person and family man.
He was also a competitor. It wore him down that 11 of his last 12 seasons the Lions didn't have a winning record.
Hanson was nearly automatic on field goals. In his career he connected on 87.2 percent of field goal attempts inside the 50-yard line and 95.3 percent from inside the 30-yard line.
He's the NFL's all-time record holder for career 50-yard field goals with 52. The list of records and accomplishments goes on and on.
One of my favorite statistics is that he had 36 career special teams tackles.
Hanson was drafted in the second round in 1992 out of Washington State where he earned a degree in zoology. He was thinking of going on to medical school, then a 21-year NFL career got in the way.
He was a survivor and it was because he never let up, worked hard and always had that fire in his belly.
When the roster was overturned before the 2010 season, the bald kicker was mistaken by a new player for a coach.
Certainly it didn't take long to realize exactly who Hanson was.
He was a two-time Pro Bowler, a leader and a shining example for any NFL player.
It won't be the same without No. 4 on the roster.
Jason Hanson will be missed.


text:
- 3/4 cup (1-1/2 sticks) butter or margarine, softened
- 3/4 cup packed light brown sugar
- 1/2 cup granulated sugar
- 2 eggs
- 2 cups all-purpose flour
- 1 teaspoon baking soda
- 1/2 teaspoon salt
- 1-3/4 cups (11-oz. pkg.) HERSHEY'S Butterscotch Chips
- 1 cup chopped nuts (optional)
- Heat oven to 350°F. Grease 13x9x2-inch baking pan.
- Beat butter, brown sugar and granulated sugar in large bowl until creamy. Add eggs; beat well. Stir together flour, baking soda and salt; gradually add to butter mixture, beating until well blended. Stir in butterscotch chips and nuts, if desired. Spread in prepared pan.
- Bake 30 to 35 minutes or until top is golden brown and center is set. Cool completely in pan on wire rack. Cut into bars. About 36 bars.


text:
Week One: Initial BigIP LTM VE Configuration Using Bigpipe Commands To Add VLAN & Self IP Address
The below article is the first in a series of articles to help get you more familiar with the BigIP BigPipe commands used to manage an LTM VE or Local Traffic Manager Virtual Edition installed in VMWare Player as noted in this article. After following the steps in this article you will have created two VLAN's (Virtual Local Area Networks) and added an IP address to each VLAN which will be the foundation of the series of articles that will help you setup and configure your LTM VE to do basic load balancing followed by other articles that build on that foundation. The future articles will become more in depth by first taking you through basic troubleshooting steps using and overtime using more advanced techniques for troubleshooting issues on a BigIP Local Traffic Manager.


text:
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Halter Jumpsuit with Metallic Details
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Fashion-forward and fabulous, this floral embroidered jumpsuit is a stunning option for your next soiree. Featuring a crew neckline with sheer, mesh detail, short flutter sleeves and wide-leg pants, this chic jumpsuit features a variety of striking details sure to make you stand out among the crowd. Other details include a bodice adorned in eye-catching floral embroidery, wide-leg pants, and a back zipper closure. A fierce alternative to the formal dress, this dressy jumpsuit is designed for drama. Rock it with a bold, red lip, sparkling earrings, and a beaded handbag to forge a special occasion look thats bound to shine.


text:
Yes, from 2009. What has changed?
The Failure of Stuy Town Security
(outtakes that tell an all-too familiar story)
>>Stuyvesant Town Security did arrive, once they were alerted, but they never "caught their man" and, despite all the cameras around the complex, were not able to see and stop the attack in progress.
>>There have been various other incidents inside Stuyvesant Town--muggings and a rape--and in each instance that I know of, Stuy Town Security has not been able to stop the crime nor apprehend the criminal. That's the serious stuff. If we mention the trivial "quality of life" issues, Security has also been a dismal failure. The dog rules are not being enforced and, despite the extra (and pathetic) effort of putting up green barricades, bicyclists still ride their bikes wherever they choose.
>>I don't blame Security for not being up to the task of stopping crime and enforcing Stuy Town's rules. I blame Tishman Speyer, which has eviscerated Security and relied on technology that has been proven not to work. I've said this over and over: You need an actual security presence on the ground, walking, to even hope to deter crime and enforce the rules. Driving around the loops or the Oval every hour in vehicles is not going to do it; huddling in front of monitors at the Management Office isn't going to work, either. You have to have foot patrols and have those patrols walk throughout the entire complex, the back ways in particular where rules are continually being broken and crime is awaiting to sprout.<<
The full posting is above.
Another one, from 2014:
Friday, March 28, 2014
Town & Village Writes a Press Release for CWCapital
There's no other way to look at it. This week's TOWN & VILLAGE (March 27, 2014) contains what can only be considered a press release for the new Public Safety office. Titled "New Command Center Offers Better Access to Public Safety," the lengthy article, which begins on the newspaper's front page and ends on the last, contains none of the objections that tenants have had about the new office and, furthermore, extends its scope to quality of life issues, implying that they are being dealt with efficiently by Public Safety. The numerous problems tenants have had with these quality of life issues, still viable to this day, are ignored by the lack of any challenge to the statements made by Public Safety Chief Bill McCellan, who is the main source of the quotes and information contained in the article, written by longtime TOWN & VILLAGE staffer and principal writer, Sabina Mollot. The fault is not McCellan's, who is just doing his PR job well, but the paper's, which should be handling the interview and the article with journalistic curiosity and integrity, and, perhaps, more extensive research. Just reading the TA Facebook, this blog and even PCVST's own Facebook, should alert anyone that there's trouble in the paradise that is presented in the article. It's rare for the newspaper (or anyone, in fact) to bring "truth to power" directly with the people who run this complex (CWCapital's spokesman Brian Moriarty and its Asset Manager Andrew Cain were also present at the interview), so the golden opportunity to do so was completely lost when it was determined by the paper and/or its writer to craft a press release for CWCapital, and nothing else.
The title of the article "New Command Center Offers Better Access to Public Safety" is itself a positive promotion of the new structure, as if somehow the previous location, just around the Oval island, was not access enough or that somehow, down through the decades, access to Public Safety (or Security, as it was once called) was a real problem that tenants were concerned about. Gee, I never remember tenants pleading for more access to Public Safety. Tenants were satisfied and felt secure with the Oval security booth that has had a presence, in various forms, once being a brick structure by the fountain. The only pleas I have heard or read about was for Public Safety to have "boots on the ground," officers walking the beat of Stuy Town and Peter Cooper Village, an issue I will get to soon.
The article starts off with by detailing the inside of the new Public Safety building and noting that "new HD monitors allow officers to see everything that the 1,200 surveillance cameras located throughout the complex see in high-definition quality." Kinda interesting that with all this HD surveillance, Public Safety still has problems stopping banned dog breeds being walked right in front of the Oval security booth.
McClellan informs his interviewer that, quoting the article, "residents have been giving overwhelmingly positive feedback about the department's more central location and the access to the officers." How many residents? Well, since the statement is so general, it could be two or three or maybe six. No mention of the residents who on the TA Facebook page and this blog have been decrying the new location as marring the Oval, as being unsightly and too intrusive in what once was a green, tranquil oasis. No mention of the distress and suffering the construction of the office caused to the residents who live around the new structure and their possible future distress as they live nearby an active large office ("open 24/7") sided by huge generators.
Then we arrive at the Quality of Life issues in the article. This is where blood started shooting out of my eyeballs and my mouth started to foam: "... while preventing and stopping crime is the top priority for the officers, mainly it is quality of life issues that they're responding to on a regular basis, such as loud parties and unregistered dogs." The dog issue is apparently mitigated because the blue registration tags are clearly visible, "eliminating the need to stop all dog owners as they walk through the grounds." Well, practically every time I'm out around the grounds I see unregistered dogs, so something is wrong. Perhaps "boots on the ground," particularly at points around the perimeters of PCVST where non-residents enter with their dogs to use the grounds as a toilet would be prudent. This advice has been given repeatedly, but never acted upon. I've no idea why.
Tenants who have to suffer from noisy neighbors and late-night partying may find great comfort that "McClellan himself will sometimes show up to the offending apartment with a member of the property's legal team when a noise issue is particularly serious and persisting." In other cases, I suppose, you are out of luck. (BTW, has anyone seen McClellan turn up in noise situations? I would assume this would be a very rare occurrence.)
The article continues to proclaim the advantages of all the security cameras about the complex (for which every resident is paying a MCI), but doesn't address one crucial question: Have these security cameras and their monitoring ever stopped a crime in progress? The answer seems to be, yes, maybe, perhaps, but maybe not, depends on the crime. I'd like to see the real figures, which one day should be asked of McClellan. My hunch is that the cameras around this complex have stopped very few crimes in progress. It's only after the fact, as evidence, that they can be important. (Which is why there is need of--boots on the ground.)
Probably the only good thing about the security monitoring system changing location and being so out in the open to passersby view is that now, unlike previously, the officers who staff the monitors won't be tempted to zero in on hot-babe sunbathers on the Oval or check out Craig's List.
In other places the article stresses that the welcome mat is open to residents to visit the new office and talk to the officers. I like this a lot. I wouldn't mind sharing some tea and biscuits with Chief Bill McClellan, who, as I learned in the article, was once commanding officer of the 71st Precinct in Crown Heights, an area that happens to be my old neighborhood. In between sips of Lipton Tea, I'd ask him, once again, why some banned dog breeds I see are actually registered PCVST dogs. I have a feeling I'd get the same non-answer as I did when I first asked him that question.
Update Wednesday afternoon, though not as serious, obviously. This just goes to show how rules are enforced around here. Remember, April 30, 2016--after that no lanyard, you will be asked by PS to leave the area.
Thursday, early evening:
I'm going to post Rick Hayduk's current response to the incident that happened a few days ago. Thanks to Edmund for posting this on the TA Facebook. Portions of this should appear in this week's T&V:
Dear Resident,
In the aftermath of the sexual assault that occurred on Sunday, StuyTown Property Services has been following social media posts whereas comments are being made concerning resident safety.
Before addressing, SPS would like all to know that our thoughts continue to be with the victim; in all the dialogue over the past few days, I trust no one forgets there was an innocent person involved.
That said, this incident occurred on our watch. This is not lost on anyone on our team.
Hence, SPS is taking steps aimed at preventing such acts or similar acts from occurring. One of these steps is an awareness campaign highlighting the tools available to residents should one feel threatened:
Emergency Phone/Video Stations: 36 stanchions illuminated with blue lights on top and connected to Public Safety, located throughout the PCVST neighborhood.
"SECURITY" buttons on building intercoms located in vestibules and on the exterior walls of the Terrace (Stuyvesant Town) and Lower Level (Peter Cooper Village) entrances.
Officers (wearing fluorescent vests) patrolling on foot and in cars 24 hours a day, 7 days a week.
Officer escorts from the Peter Cooper Village security booth on 1st Avenue and 22nd Street. Give this address to cab drivers, Uber drivers, etc. and an officer will escort you to your building. If in Stuyvesant Town, the Command Center located at 2 Stuyvesant Oval is available 24/7.
Put the Public Safety telephone number into your contacts: 212.598.5233.
Another step is an expedited review of the lighting around the PCVST neighborhood. New lights were just installed along the 14th Street corridor but a review of the remaining perimeter lighting (Avenue C in particular) and the interior lighting will be advanced; areas needing improvement will be addressed.
The third step will be SPS working with its security consultants to map out a plan to identify where new and additional equipment can be placed to enhance coverage. A considerable number of cameras and related equipment have been introduced into the PCVST Public Safety department over the past 10 years, but even with today's surveillance configuration, coverage can still be increased. Sunday morning's assault was not fully visible by the cameras.
Lastly, SPS will offer complimentary self-defense courses to any resident interested in learning how to ward off an attack. Even as we work to make our neighborhood safer, such skills can benefit someone anywhere one goes. Information on these courses will be distributed next week along with details on location, class size, and sign-ups.
The safety and well-being of PCVST's residents remains our top priority. We will work tirelessly to keep every resident safe.
Rick Hayduk
CEO | General Manager


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In the past few weeks there have been a few interesting APEX related postings I want to share with you.
- Anthony Rayner started his own APEX blog and did an interesting posting about AJAX retrieval using Javascript Object Notation (JSON). Something I also want to integrate into one of the next versions of my ApexLib Framework.
- Carl Backstom blogged about how to integrate an Accordion widget into APEX (Part 1) / Part 2 and
- another posting done by Carl was about using JSLint to verify your JavaScript code.
- Andy Tulley blogged about Using Scrollbars in a Region.
- The last link which I want to share is about Different ways of counting clicks in Apex by Flavio Casetta!
Have fun reading them!


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Please note: Children under 12 years must be supervised by a responsible adult.


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The terrific photograph is segment of Lacrosse Boots: How to Choose document which is listed within , , and posted at December 24, 2015 5:03:35 pm by Sport Reviewer
Lacrosse Boots: How to Choose: Lacrosse Steel Toe Rubber Boots
It doesn't matter if you are playing lacrosse for fun or as part of a team, you want to do your best. If you weren't competitive then you wouldn't enjoy sports so much. There are many things to consider when endeavoring to perform at your best. Of course, there is your own athletic ability. But, there is also the equipment that you play with. Use these tips to learn how to choose Lacrosse boots (also known as cleats).
Anytime you are shopping for footwear size matters. You want to make sure that the boots fit your feet properly. If they are too small then they will just make your feet hurt. You don't want to try and play in constant pain. If they are too big then they will slide around and can cause blisters.
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|Ferula mikraskythiana Mátis, A.Z.Szabó & L.Bartha
The genus Eriosynaphe had a peculiar taxonomic history by having been considered also as member of the genus Johrenia in addition to originally having been established in Ferula. It has traditionally been regarded as monotypic and no previous molecular study examined its phylogenetic position. Based on sequences of the nrDNA ITS region, here we show that Eriosynaphe is 'deeply' nested in one of the well supported and repeatedly recognised clades of Ferula, thus arguing for its return to the genus Ferula. Additionally, a new species, Ferula mikraskythiana endemic to the Dobrogea region of southeastern Romania is described in the present paper. This species, with its overall habit and mericarp structure, closely resembles Eriosynaphe longifolia though it differs from the latter by its much larger stature, the morphology of the leaf terminal lobes and a distinct phenology. Moreover, F. mikraskythiana is a narrow endemic to a region beyond (westward to) the wide distribution range of E. longifolia.
Keywords: Dobrogea, morphology, new species, nrDNA ITS, phylogeny, taxonomy, Umbelliferae, Eudicots
Ferula mikraskythiana Mátis, A.Z.Szabó & L.Bartha, sp. nov.
Etymology:— The specific epithet refers to the ancient Greek name Mikrá Skythia (Μικρὰ Σκυθία) of the historical region Scythia Minor or Lesser Scythia, where this species was found. This area, situated between the lower Danube River and the Black Sea, roughly corresponds to what is known today as Dobruja, a region shared by Romania and Bulgaria (Romanian: Dobrogea; Bulgarian: Добруджа, Dobrudža). This is in contrast to the presumably related E. longifolia, distributed along the historical region known as Great Scythia (the Pontic-Caspian steppe of Ukraine, southern Russia, and western Kazakhstan).
Attila Mátis, Anna Szabó, Dmitry Lyskov, Gábor Sramkó, Thomas Kuhn, Alexandru S. Bădărău and László Bartha. 2017. Validating the Systematic Placement of Eriosynaphe in the Genus Ferula (Apiaceae: Scandiceae: Ferulinae) Linked with the Description of Ferula mikraskythiana sp. nov. from Romania. Phytotaxa. 298(3); 239–252. DOI: 10.11646/phytotaxa.298.3.3
Discovery! New plant species in Romania | BirdLife https://shar.es/1RGW5n


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The rich and highly varied subject matter that creates a great movie never ceases to amaze me.
Let's face it, the life of renowned physicist Stephen Hawking is incredible enough on its own to form an interesting film.
However, The Theory of Everything hones in on just a small - albeit very important and significant - part of his life.
It's based on the book written by his first wife Jane.
We watch as the young but brilliant student meets Jane, followed by their married life and the eventual break-up as each partner meets someone else.
Hawking's failing health due to motor neurone disease is shown convincingly thanks to a quite amazing performance from actor Eddie Redmayne.
It's no wonder that Redmayne is being cited as a good bet for an award. This is a tough role to play both physically and emotionally and the young actor nails it.
Technically it was demanding as, with most films, it wasn't shot chronologically so Redmayne had to ensure perfect continuity.
For Felicity Jones, as Jane, this is a good meaty role which she revels in, showing the incredible determination that must have existed to keep a relatively normal family life going.
The rest of the cast provide great support, especially Charlie Cox as Jonathan Jones who Jane eventually marries and David Thewlis as Hawking's professor and, in later life, friend Dennis Sciama.
Director James Marsh has an interesting back catalogue with the impressive documentaries Nim and and Man on a Wire.
He does a great job with this latest project, with some nice touches, including a heart-rending but simple scene towards the end as Hawking sees a pen dropped on the floor.
Add a great music score and you have a superb movie that sees a strong start to 2015.
It has to be pointed out that while this is often a sad film there is also humour to lift the mood.
The only negative point is that the science is explained rather too simply at times, considering these are highly intelligent men and women - using a pea and an potato to describe a theory was a bit strange.
However, this is a minor quibble and no doubt most of the audience, like me, appreciated the explanations.
Film details: The Theory of Everything (12A) 123mins
Director: James Marsh
Starring: Eddie Redmayne, Felicity Jones, David Thewlis
Screening courtesy of Horsham Capitol


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If you want to change your tax withholding status, you can do that on the Employee Self-Service web site, www.state.mn.us/employee.
Click on Other Payroll and W4 and MWR to bring up your current withholding status and enter the changes you wish to make. For questions contact JoAnn Scholtz at 389-2191.


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They play different roles, but their devious goal is the same. Scammers are on the rise in Lancaster County.
They often prey on senior citizens, but they will also pursue others, who at the moment might be unaware of their scumbag plot.
In recent local incidents, scam artists have posed as charitable organizations, law enforcement officials, loan officers and sweepstakes companies.
Their goal is to steal your money, but don't be a victim. Be vigilant of their underhanded game.
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