Compliance Monitoring and Enforcement Report
(Quarter 3 - 2021)

  1. Report of Collapsed Masts Within the Last 5 Years & Integrity Tests on Masts That Are More Than 10 Years

    Following increase in reported cases of collapsed masts and towers in the country, the Commission directed Collocation/ Infrastructure Service Licensees to carry out integrity tests on masts and towers that have been in existence for ten (10) years or more and attest to the integrity of each site by endorsing a Declaration of Conformity Form. Significant compliance have been observed amongst licensees.

    However, the Commission has declared that all owners of telecommunication masts/towers should take full responsibility for the maintenance of all masts/towers in their portfolio to forestall future collapse.

  2. Inter-Ministerial Review on Telecommunication Infrastructure Localization in Nigeria - Application for Approval of 7.5 Meters Setback at Proposed Base Transceiver Sites

    The Inter-Ministerial Committee on Telecommunication Infrastructure and Localization in Nigeria granted waiver for the installation of eleven (11) BTS sites where the 10meters setback stipulated in the National Environmental (Standards for Telecommunication and Broadcast Facilities) Regulations S. I., No 11, 2011 could not be achieved. This is to ensure the availability of telecommunication services across the country.
  3. 2nd Quarter (Q2), 2021 Audit Exercise of SIM Replacement Guidelines in the Nigerian Telecoms Industry

    Consistent with the Commission's Guidelines for SIM Replacement, a comprehensive compliance monitoring exercise to review the SIM Replacement processes on mobile networks (MTN, 9mobile, Airtel and Glo) for Q2 (April, May and June), 2021 was carried out. The findings and recommendations was communicated to the respective networks.
  4. Violation of Type Approval Regulation by Tecno Technology (Shenzhen) Co. Ltd & Vivo Mobile Communications Co. Ltd

    The Commission's attention was drawn to the advertisement of unapproved mobile devices by Infinix & Vivo. These devices, Infinix Zero X (2021) and Vivo Y53s (2021), have not been Type Approved by the Commission contrary to the provisions of the Equipment Type Approval Regulation 2008. Enforcement action was consequently carried out against Infinix & Vivo Mobile Communications Co. Ltd. accordingly.
  5. Huawei Breach of Type Approval Regulations

    Recent investigation carried out by the Commission revealed that Huawei was marketing/selling Huawei Y7a (2021) without Type Approval Certification. Pre-Enforcement Notice was consequently issued to Huawei on 12th March, 2021 requesting the Company to immediately desist from the sales and marketing of the handset and to apply to the Commission for Type Approval. The company was eventually fined the sum of Two Million Naira (N2,000,000.00) for the breach on 16th September, 2021 which it has since paid.
  6. Enforcement on Licensees for Failure to Renew Their Operating Licenses

    The Commission carried out enforcement actions against twelve (12) Licensees in Lagos State in respect of their failure to renew their operating licenses. Eight (8) out of the twelve (12) are ISP Licensees, three (3) are VAS Licensees, while one (1) is an IDA Licensee. Some of the Licensees could not be traced during the enforcement exercise as they were not found at their registered addresses, some have commenced the renewal process, while two (2) have been advised to pay the non-operational levy and surrender their licenses since they both claim not to be utilizing the licenses.
  7. Airtel Notice of Sanction on Forceful Subscription into VAS

    The Commission issued a notice of sanction to Airtel Networks Limited on 16th September, 2021 for the sum of Ten Million Naira (N10,000,000.00) for breach of the Commission's directive on forceful subscription of telecoms subscribers to data services and value added services (VAS). Airtel was also directed to refund the sum of N86,695,657.00 to 395,520 subscribers. Airtel responded to the Commission vide a letter dated 24th September, 2021 requesting for four (4) weeks extension to allow for sufficient time to enable them adequately work on their subscriber records and revert to the Commission. Currently the reconciliation exercise is still ongoing.
  8. Enforcement Action Against Illegal Use of GSM Boosters at Van Daniels Estate, Lagos

    The Commission carried out enforcement action against illegal users of GSM boosters at Van Daniels Estate, Lekki, Lagos and its environs on August 19, 2021 following complaints received from residence. Consequently, two (2) boosters interfering with the network of GSM operators were decommissioned and confiscated.
  9. Compliance Audit of DND Facility For MNOs

    An audit exercise was carried out on 18th and 19th May, 2021 to verify the level of compliance with the Commission's Direction on DND by the MNOs. The outcome of the audit exercise covering the period from 1st October, 2020 to January 31, 2021 revealed that some of the mobile network operators (MNOs) were in breach of forcefully subscribing subscribers to Value added Services (VAS) on their respective networks.

    Consequently, pre-enforcement notices were issued to the affected MNOs with the directive to refund all monies deducted from subscribers on or before 27th September, 2021 and provide evidence of compliance to the Commission.

  10. Mobile Number Portability (MNP) Issues and Configuration of MTN's 0916 National Destination Code on Globacom Network

    The Commission received a complaint from MTN against Globacom's inability to configure MTN's newly assigned 0916 numbering range on the Globacom's network. Globacom had earlier notified the Commission via an email in May, 2021 stating issues with Globacom MNP database and inability to update the routing table for ported numbers. As a result, Globacom was not able to configure MTN's newly assigned 0916 numbering range and subscribers who have ported in their MSISDNs from other MNOs (including Globacom) were not able to receive calls from Globacom subscribers.

    The Commission in a letter dated 6th September, 2021 directed Globacom to resolve all issues on or before 17th September, 2021 and to provide weekly progress report updates to the Commission thereon. However, Globacom has failed to comply with the directive as at 28th September, 2021 which has led to a major interconnect challenge in the industry. The Commission has commenced Enforcement action against Globacom accordingly.

  11. Investigation and Enforcement Action Carried Out Against Harami Limited for the Construction of Telecommunications Towers Without a Requisite Licence

    An enforcement exercise was carried out against Harami Limited, for the construction of Telecommunications towers without the requisite operating license. Harami's office has been sealed by the enforcement team of the Commission.
  12. Review of Setback Availability on Newly Acquired Sites - Notice of Sanction (IHS)

    On 22nd September, 2021 IHS was sanctioned the sum of Ten Million Naira (N10,000,000.00) only for failing to carry out remedial works on three (3) Base Transceiver Station Sites in Lagos State despite several months of grace.
  13. Interconnect Indebtedness of Glo Gateway Limited to 21st Century Technologies Limited

    The Commission received a complaint from 21st Century Technologies Limited concerning the failure of GLO Gateway Limited (Globacom) to settle its outstanding interconnect debt of One Hundred and Twenty Eight Million, Seventeen Thousand, Six Hundred and Eighty Six Naira, Twenty Five Kobo (N128,017,686.25) owed to 21st Century Technologies Limited.

    Globacom in its response to the allegation claimed that it engaged 21st Century Technologies Limited in a discussion to amicably resolve the matter and that a resolution was reached to settle the outstanding debt through a combination of cash payment and termination of traffic from 21st Century Technologies Limited unto Globacom's network to net off the interconnect debt owed to 21st Century Technologies. That a cash payment of N15,000,000.00 (Fifteen Million Naira) only was made to 21st Century in this regard and exchange of traffic between both parties has since resumed.

    21st Century Technologies acknowledged receipt of the cash payment of N15,000,000.00 from Globacom but denied reaching a resolution to settle the accrued debt using voice traffic contrary to Globacom's claim. 21st Century Technologies Ltd. is rather requesting for the termination of Bulk SMS on Globacom's network to enable them sell and recover their money. Mediation is ongoing to resolve the dispute between the two licensees accordingly.

  14. Non-Compliance with Spectrum License Usage Conditions

    A demand notice for the settlement of spectrum fees indebtedness to the Commission on or before July 26, 2021 was issued to Data Limited and Total Nigeria Plc. The two companies have settled the outstanding fee for usage of spectrum assigned to them. Total Nig. Plc has notified the Commission of its intention to surrender the spectrum license.
  15. International Data Access-Request for I5E1S Increase in Capacity for International Traffic to Airtel Networks Limited - Interconnect Clearinghouse Nigeria Limited

    The complaints by Interconnect Clearinghouse Nigeria Limited (ICN) of persistent congestion been experienced on its international route with Airtel Network Limited was received by the Commission and mediated accordingly.

    It is expected that the disputed issues will be addressed by the ongoing Cost Study on International Termination Rates (ITR). Airtel Networks Limited and Interconnect Clearinghouse Limited were therefore advised to maintain status quo and ensure that their current international trunk capacity is efficiently and effectively utilized pending the conclusion of the Cost Study by the Commission.

  16. Enforcement on Sale of Fraudulently Registered SIMs Around Operator Premises

    Enforcement exercises were carried out around some mobile network operator's offices across the country where fraudulently registered SIM cards were suspected to be sold. Seven (7) suspects were arrested in connection with this crime and are under investigation by the Nigeria Security and Civil Defence Corps (NSCDC).