Compliance Monitoring and Enforcement Report
(Quarter 3 - 2016)
Compliance monitoring of the Commission's Direction to Mobile Network Operators (MNOs) to dedicate a uniform Short Code (2442) for opt-in to the Do-Not-Disturb (DND)
The Commission had issued a Direction to Mobile Network Operators (MNOs) to dedicate the short code 2442 on their networks for use by subscribers to opt-in to the "Do Not Disturb" database restricting unsolicited messages (Voice and SMS) on their MSISDN including the use of web based platforms as opt-out measures.
Following the issuance of this Direction, a compliance monitoring exercise was carried out from 20th – 21st July and 2nd – 3rd August 2016 to monitor the implementation of the Direction.
Arising from the findings from the exercise, the following steps would be taken by the Commission:
- Conduct a Stakeholders Engagement Session to address the gaps to the effective implementation of the Direction with particular attention on value added service providers regarding their obligations in ensuring full compliance to this Direction. This engagement session would include Value Added Service (VAS) Providers, Bulk SMS Providers and Mobile Network Operators (MNOs);
- Increase subscribers sensitization programmes on the DND to boost the confidence in the industry
- Clearly define a generic keyword for subscribers to opt-out of the DND database on the various networks in order to ensure a convenient and seamless platform for subscribers across all the mobile networks.
The Commission would continue to monitor the implementation of this Direction to ensure total compliance by all the MNOs.
Compliance Monitoring of Internet Service Providers (ISP), Private Network Licence (PNL) and International Data Access (IDA) Licensees
The Commission carried out a compliance monitoring exercise of the Internet Service Providers (ISP), Private Network Links (PNL) and International Data Access (IDA) licencees on 29th August – 9th September, 2016.
Arising from the findings during the exercise, the Commission is considering the following actions:
- The need to segregate the wholesale internet market from the retail;
- Carry out a determination of the floor price for internets service to promote healthy competition and expedite Broadband penetration in the country;
In fact the Commission has commenced the process of the determination of floor price for data service and had held consultation with stakeholders in this regard.
Regulatory intervention on Globacom Limited's Interconnect Indebtedness to MTN Nigerian Communications Ltd.
The Commission had received a complaint from MTN Nigeria Communications Limited regarding the interconnect indebtedness of Globacom Limited to the company. Consistent with the Commission's regulatory oversight, a meeting was held with the parties on 23rd August, 2016 where Globacom committed to pay a substantial part of the money owed and reconcile other outstanding indebtedness to MTN.
MTN confirmed to the Commission that the agreed amount was paid by Globacom 31st August, 2016. The Commission is still working with both parties to ensure the payment of the outstanding interconnect debt.
Enforcement action against Injoo Technology for violation of the commission's Type Approval Regulations
The Commission carried out an enforcement action against Innjoo Technology on 8th September, 2016 for non-payment of the N4, 000, 000.00 (Four Million Naira) fine imposed on it for the sales of Non- type approved handsets. The company has immediately settled the said fine.
Nokia – Alcatel Sealed Off By The Commission For Operating Without Requisite Authorization
The office of Nokia-Alcatel, a telecommunications service provider engaged in the sales and installations of Radio Terminals, switching equipment etc was sealed on September 7, 2016.
Nokia-Alcatel had been in operations for some years without requisite licence. Nokia had acquired Alcatel in January 2016 without the required regulatory clearance by the Commission.
The office was later unsealed after the company committed to regularizing its operations and meeting its obligations thereof.
Enforcement Activities on Sale of Pre-registered SIM Cards
The Commission carried out enforcement actions in Abuja on 5th September, 2016 on identified locations for the sales of pre-registered SIM cards.
At the end of the exercise, a total of 176 Pre-registered SIM cards were recovered as follows: - MTN-9, Glo- 78, Airtel – 44 and Etisalat- 45.
Four (4) suspects were arrested while the police are still tracking one principal suspect. The Nigeria Police are still investigating these cases.
Also, in Minna, Niger State on 28th - 29th September, 2016 at Obasanjo Shopping Complex, Federal University of Technology Minna and Zungeru.
Six (6) suspects were arrested in possession of 173 preregistered SIM cards. The Nigeria Police are still investigating these cases.
Enforcement action against Landmark Towers for causing Interference on Emerging Markets Telecommunications Service (EMTS - ETISALAT) Frequency Spectrum in the 1.948782.
The Commission carried out an enforcement action against Landmark Towers for deploying 3G GSM signal boosters in its building resulting in interference on the frequency channel assigned to Etisalat. At the end of the exercise, 7 signal boosters were confiscated.
Etisalat has since confirmed that the interference has been cleared.