Compliance Monitoring and Enforcement Report
(Quarter 4 - 2015)
Compliance Monitoring Of The Commission’s Direction Against Automatic Migration Of Subscribers’ Data Services To Pay As You Go (PayG) Without Authorization
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:
- That where a subscriber’s data bundle account is fully depleted before the due date, service providers should notify the subscriber via SMS, giving information regarding the tariff/ billing rate for migration to PAYG billing; .
- That all service providers should henceforth stop auto-migration of subscriber’s data service to Pay-As-You-Go (PAYG) account upon depletion of the data bundle account, except with the express consent and authorization of the subscriber via SMS.
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:
- Figure of active data service subscribers for the month of: September, October, November 2015;
- Lists of subscribers whose data got exhausted in each of these months;
- Lists of subscribers who opted for PAYG in each of these months;
- Lists of subscribers who opted for bundle purchase; including evidence of their authorization;
- Lists of subscribers who neither selected the PAYG nor identified a bundle plan purchase (no action);
- All data provided must come with an audit trail.
The submissions received are currently being analysed to guide the Commission’s further regulatory actions on the matter
The Commission’s Direction To Mobile Network Operators (MNOs) Dedicate A Short Code For The Purpose Of Opting Into The Do Not Disturb (DND) List On Their Networks
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.
Sanction On MTN Nigeria Communications Limited For Failure To Deactivate Incomplete/Improperly Registered Sim Cards – Notice Of Sanction
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).
Sanction On Breach Of The Mobile Number Portability (MNP) Business Rules And Regulations: Notice Of Sanction
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.
Public Notice In Respect Of Companies Owing Spectrum Fees To The Commission
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:
- INDORAMA ELEME PETROCHEMICALS LIMITED
- ALLIED BOND STANDARD LIMITED
- DISC COMMUNICATIONS LIMITED
- ELTEL COMMUNICATIONS LIMITED
- EM WEST AFRICA LIMITED
- FYBERTEL COMMUNICATIONS NIG. LIMITED
- GLOBAL I-BURST NIG. LIMITED
- GLOBAL TOUCH (W.A) LIMITED
- IMPERIAL TELECOMS LIMITED
- INDEPENDENT TELEPHONE NETWORKS LIMITED
- INTERNATIONAL MONITOR CO. LIMITED
- LT MOBILE NIG. LIMITED
- MIDMANE INVESTMENT LIMITED
- MOBITEL LIMITED
- OMAR COMMUNICATIONS LIMITED
- PEACE GLOBAL SATELLITE LIMITED
- PREST CABLE & SATELLITE TV SYS LIMITED
- RAINBOWNET LIMITED
- RELIANCE TELECOMMUNICATIONS (RELTEL)-ZOOM MOBILE
- RENNA TELECOMS LIMITED
- SAXEL LIMITED
- SIEMENS GROUP NIG. LIMITED
- SNYTEL I.G WILLS COMM. LIMITED
- TC AFRICA
- TOPCOM NIGERIA LIMITED
- WEBCOM NIGERIA LIMITED
The Commission intends to commence enforcement action against all defaulters to recover the debt.