The Commission had been inundated with complaints from telecom consumers regarding the current practices by Mobile Network Operators (MNOs) automatically migrating subscribers from their data plan account to Pay-As-You-Go (PAYG) account upon the depletion of their data account, thus leading to cases of bill shock to the Subscriber.
Pursuant to section 53 (1) of the NCA 2003, the Commission issued a Direction to all Mobile Network Operators (MNOs) against automatic migration of subscribers’ data services to Pay-As-You-Go (PAYG) billing platform upon data depletion with effect from the 24th August 2015. Details of the Commission’s Direction is as follows:
Following from the above therefore, the Commission caried out a compliance monitoring exercise (Technical Audit) of operator’s operator’s auto-migration platform from 7th – 11th December 2015 to acertain their level of compliance with this Direction.
Arising from the exercise , operators were directed to oblige the Commission with the following data:
The submissions received are currently being analysed to guide the Commission’s further regulatory actions on the matter
The Commission had received various complaints from telecoms Subscribers regarding unsolicited text messages and nuisance calls from mobile network operators in the industry. Following these complaints, the Commission had monitored the networks to ensure that Mobile Network Operators (MNOs) create a Do Not Disturb (DND) database for subscribers who do not want to receive unsolicited messages on their lines.
Whereas, the Commission’s compliance checks revealed that most MNOs have set up the DND facility on their networks, however, the awareness of existence of this facility is very low because the MNOs are reluctant to sensitize their subscribers on the availability of this facility and how to opt into same. Further investigations suggests that operators were not actually keen on the DND as this may affect their revenue stream from value added services.
The Commission has therefore commenced the process of issuing a Direction that Mobile Network Operators (MNOs) dedicate a Short Code on their networks for use by Subscribers to opt-in to the Do Not Disturb Database restricting unsolicited marketing messages (Voice and SMS) on their MSISDNs.
MTN Nigeria Communications Limited during the quarter under review was fined the sum of N1,040,000,000,000 (One Trillion Forty Billion Naira) for its failure to deactivate 5.2 Million improperly registered MSISDN (SIMs).
During quarter under review, Globacom Limited and MTN Nigeria Communications Limited were fined the sum N22,000,000 (Twenty Two Million Naira) and N12,000,000 (Twelve Million Naira) respectively for non-compliance with the MNP Regulations. Both companies have paid up the fines.
The Commission issued a public notice as a final pre-enforcement notice and warning to the companies owing spectrum fees. Sequel to the public notice, (3) companies have so far settled their outstanding spectrum fees namely: GiCell Wireless Limited, Galaxy Information Technology and Telecommunications Limited and LM Ericsson Nigeria Limited.
The following companies have up till date not settled their indebtedness:
The Commission intends to commence enforcement action against all defaulters to recover the debt.