Compliance Monitoring and Enforcement Report
(Quarter 1 - 2021)

1. COMPLIANCE MONITORING OF MOBILE NUMBER PORTABILITY

   REVIEW OF MONTHLY PORTING TRANSACTIONS

   Consistent with Commiussion’s mandate to monitor all significant activities relating to the performance of all Stakeholders in the Mobile Number Portability (MNP) Scheme and given the need to ensure a seamless porting process with strict adherence to the MNP Regulations 2014 and the Business Rules & Port Order Processes, the Commission carries out technical audit exercise of the MNP Platform on a quarterly basis.

   The Commission received the report of porting transactions for November, 2020 from Interconnect Clearinghouse Nigeria Limited (ICN) – the Number Portability Clearinghouse appointed by the Commission.

   A review of porting transactions for the period showed time violations by the various MNOs and these operators are being engaged to provide explanations to guide the Commission’s further action on the matter.

2. COMPLIANCE MONITORING OF QUALITY OF SERVICE FOR Q4 2020

   In line with our mandate to monitor all significant matters relating to the performance of all licensees, the Commission received the Quality of Service (QoS) Report for the period October – December, 2020 for the following mobile network operators to facilitate compliance checks:

   1. Airtel Networks Plc.
   2. Emerging Markets Telecommunication Services (EMTS) Limited.
   3. Globacom Limited.
   4. MTN Nigeria Communications Plc.

3. COMPLIANCE MONITORING OF ADVERTISEMENTS AND PROMOTIONS

   CONFIRMATION OF APPROVAL STATUS: SWIFT NETWORKS DATA PLANS

   The Commission carried out a routine compliance check on All Swift Networks Data Plans.

   Our compliance checks reveal that the Swift Networks Data Plans was not approved by the Commission and consequently, was issued a pre-enforcement notice for running an unapproved data plan.

4. COMPLIANCE MONITORING ON SIM REGISTRATION

   REQUEST FOR SIM REGISTRATION DATA OF MTN, GLO, EMTS AND AIRTEL MSISDNS

   MTN, GLO, EMTS and AIRTEL MSISDNS were directed to submit to the Commission the comprehensive SIM Registration data of selected MSISDNs showing all current and previous registration information (in soft copy) via Microsoft Teams channel by February 1, 2021.

5. COMPLIANCE MONITORING – SPECIAL INVESTIGATION

   REPORT OF TECHNICAL AUDIT OF DATA DEPLETION IN THE TELECOMS INDUSTRY

   Following growing public concerns on data depletion in the telecoms industry, the Commission embarked on investigation on the persistent/reoccurring consumer complaints.

   The four (4) MNOs made presentations providing detailed breakdown of their billing system architectures to enable compliance monitoring team obtain data.

   Out of the complaints on quick data depletion, investigations revealed that 98.21% subscribers were accurately billed while one (1) subscriber on the MTN network experienced an unexplained data deduction and was refunded 1,346MB.

6. ILLEGAL USE OF GSM BOOSTERS

   The Commission received a report of the illegal use of GSM boosters causing external interferences with networks of MNOs in Anambra, Delta, Lagos, Kano and Taraba States as well as FCT. Consequently, a physical enforcement exercise was carried out to decommission all these illegal GSM Boosters. A total number of twenty (24) active GSM Boosters were forcefully removed and confisticated by the Commission’s Enforcement team in the above mentioned States.

7. GLOBACOM’S INTERCONNECT INDEBTEDNESS TO MEDALLION IN THE SUM OF ₦138,963,937.93

   Globacom has been directed by the Commission to settle the interconnect indebtedness between it and Medallion Communications. This directive was issued following Globacom’s continuous failure to comply with the decision of the arbitration panel to pay the long outstanding debt.

   Globacom is currently in contact with Medallion in a bid to liquidate this debt.

8. SUSPENSION OF REGULATORY SERVICES AGAINST GLOBACOM LIMITED FOR INDEBTEDNESS AND CONTINUOUS BREACH OF THE COMMISSION’S LAWS AND REGULATIONS

   Further to the suspension of regulatory services against Globacom Limited in February, 2021, the Commission has recovered a substantial part of these outstanding obligations on Spectrum, License Renewal, Annual Operating Levy etc and the suspension has been lifted on April 13, 2021.

9. SANCTION AGAINST AIRTEL NETWORKS LTD FOR UNAPPROVED SMARTCONNECT, TALKMORE AND WIN BACK PROMOTIONS

   Airtel Networks Limited was sanctioned by the Commission the sum of Twenty Million, Naira only (₦20,000,000.00) for unapproved promotions viz Airtel Smartconnect, Talkmore and WinBack. The fine was in accordance with the provisions of the Nigerian Communications (Enforcement Processes, etc.) Regulations, 2019.

10. SANCTION IMPOSED ON MOBILE LOTTERY NIG. LIMITED

    The Commission imposed a fine of Five Million Naira only (₦5,000,000.00) against Mobile Lottery Nigeria Ltd. a VAS licensee for unapproved change of shareholding Structure.

    The Company had since commenced payment of the said fine.

11. PAYMENT OF FINE IMPOSED AGAINST EMTS FOR BREACH OF THE DIRECTION ON FORCEFUL SUBSCRIPTION.

    EMTS has paid the fine imposed by the Commission in the sum of One Hundred and Twenty Three Million, Eight Hundred and Seventeen Thousand Naira only (₦123,817,000.00) for failure to discontinue Web and Smart Messaging Subscriptions on 46,539 MSISDNs and forceful subscription of 77,278 MSISDNs.

12. ILLEGAL SALE OF FOREIGN SIM CARDS IN LAGOS STATE

    The Commission has carried out physical enforcement action in Lagos for illegal sale of foreign SIM cards. Following the exercise one suspect was arrested in connection with the sales of the foreign SIM Cards. Different types of fifty two (52) Foreign SIMs were recovered with their Vouchers while the suspect also mentioned the names of the dealers/suppliers of the said SIMs.

    The NSCDC Lagos Command in collaboration with the Commission are investigating the case and upon conclusion of investigation the suspects will be charged to court accordingly.

13. FINE IMPOSED AGAINST AIRTEL NETWORKS LIMITED FOR UNAPPROVED PROMOTION – AIRTEL TV SERVICE

    The Commission has imposed administrative fine against Airtel Networks Limited for unapproved promotion viz:- Airtel TV Service. A fine of ₦10,000,000.00 Ten Million Naira only (₦10,000,000.00) was imposed for contravention of Paragraph 4 (1) of the Guidelines for Advertisements and Promotions.