Compliance Monitoring and Enforcement Report
(Quarter 2 - 2021)
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 was set up in 2014 with membership drawn from Federal Ministry of Communication and Digital Economy, Federal Ministry of Environment, National Environmental Standards and Regulations Enforcement Agency (NESREA) and the Nigerian Communications Commission (NCC). The Inter-Ministerial Committee is saddled with the responsibility of considering and approving request for the construction of telecommunication masts and towers in situations where the 10m minimum setback stipulated in the National Environmental (Standards for Telecommunications and Broadcast Facilities) Regulations, 2011 issued by NESREA is not feasible but where a compromised setback of 7.5m is achievable. To ensure telecommunications services are not disrupted, the Committee granted waiver for the installation of seventeen (17) Base Transceiver Station (BTS) sites that met the concessionary 7.5meters setback.
Industry Working Group (IWG) on Multiple Taxation and Regulation in the Telecommunications Industry
The Industry Working Group on Multiple Taxation and Regulation held its quarterly meeting to review the myriad of multiple taxation and regulation issues bedeviling the industry. The IWG will in the next couple of meetings discuss more dynamic ways of putting an end to the issue.
Further to the Federal Government’s directive on discontinuance of Twitter services and the Commission’s further directive to Operators in that regard, the Commission commenced monitoring of compliance with the directive on all MNO networks. The monitoring exercise revealed few cases of tweets/messages loaded on some networks for which appropriate actions are being taken by the Commission to address the situation.
Contravention of Annual Operating Levy Regulations by Radial Circle Telecommunications and Phase 3 Telecom Limited
Physical enforcement actions were carried out against Phase 3 Telecoms Limited and Radial Circle Telecommunications Ltd. for continuous default on the payment of Annual Operating Levy Regulations (AOL) and failure to submit their audited Financial Statement as stipulated in the Commission’s Annual Operating Levy Regulations, 2014. The sum of N6,000,000:00 and N1,500,000:00 respectively were recovered from the licensees while Radial Circle was directed to immediately submit its audited Financial Statement detailing its cost of Sales to ensure proper AOL assessment.
Contravention of Guidelines for Advertisements and Promotions by Mtech Communications Limited
- MTECH was issued a strong warning letter for running an unapproved promotion viz; "1759 Guinness No Story" Promo which is in contravention of the Commission’s Guidelines for Advertisement and Promotions.
- Airtel Networks Limited was also sanctioned the sum of N10,000,000:00 for running an unapproved promo viz; "Airtel TV Service" in contravention of the Provision of Paragraph 4 (1) of the Guidelines for Advertisements and Promotions.
Contravention of the Direction on Forceful Subscription by Airtel Networks Limited
The request by Airtel Networks Ltd. for a further review of the sanction of N670, 121,000 (Six Hundred and Seventy Million, One Hundred and Twenty One Thousand Naira) imposed on the company for breach of the Direction on forceful subscription was declined. Airtel Limited was therefore directed to pay the fine of N670, 121,000 (Six Hundred and Seventy Million, One Hundred and Twenty One Thousand Naira) on or before 7th June, 2021
Enforcement Exercise in Respect of the Sale of Fraudulently Registered Sim Cards in Abuja
Physical enforcement action was carried out in collaboration with Nigeria Security and Civil Defence (NSCDC), Federal Capital Territory (FCT) Command around the office premises of major operators in Abuja where fraudulently registered SIM cards were alleged to be sold. Consequently, Seven (7) suspects were arrested in connection with the offence. The suspects were handed over to the NSCDC FCT Command for further investigation and possible prosecution.
Contravention of Section 31 of the Nigerian Communication Act (NCA), 2003 - Operating Without Licence)
The office of Twinkle Autos was shut down for unauthorized provision of Automated Vehicular Tracking Services (AVTS) contrary to the provisions of the Nigerian Communications Act, 2003.
ATC Nigeria Wireless Ltd. requested the intervention of the Commission to facilitate the approval of their build permit applications pending with the Ogun State Ministry of Urban and Physical Planning. Following from the above, the Commission engaged the Ministry and the issue was resolved amicably.