Compliance Monitoring and Enforcement Report
(Quarter 2 - 2017)
Compliance And Audit Of The Operators' Do Not Disturb (DND) List On Their NetworksFollowing the issuance of the Commission’s Direction on Do Not Disturb (DND) Facility and the need to rebuild the subscribers’ confidence in the DND process, an audit exercise was carried out from 3rd – 12th May, 2017 to ensure that Mobile Network Operators (MNOs) fully comply with the implementation of the above Direction.
Arising from the findings during the exercise, the Commission is considering the following measures:
- The disconnection of existing value added services when opting into the FULL DND facility;
- That all Value Added Service (VAS) Providers that persistently breached the Direction on DND together with their Network Provider would be sanctioned;
- That Mobile Network Operators (MNOs) would henceforth submit a quarterly report of their DND List in accordance with the Commission’s authorized format;
- That Mobile Network Operators (MNOs) would in addition forward on a quarterly basis, a list of Value Added Service (VAS) that breached the Commission’s Direction on DND;
- That MNOs should avail the Commission with information regarding subscribers on the DND list that were subscribed using other platforms such as the Customer Care Portal before the Direction of 1st July 2017;
Commission Issues A Warning/Desist Letter To Globacom Regarding The Glo4mular OfferGlobacom Limited (Globacom) was implementing a tariff plan under a different name “Glo4mula” instead of the approved name called “Glo Four X Recharge Bundle Plan”. Globacom was directed by the Commission to revert to the approved name and features as contained in the approval and a warning letter/desist order was issued to Globacom to ensure strict compliance with regulatory instruments at all times to avoid the imposition of sanctions. The Commission has since verified compliance with the directive.
Warning Letter To Two Mobile Network Operators (MNOs) And Five Value Added Service (VAS) Providers On Contravention Of Section 128 Of NCA 2003 & Paragraph 1.3 Of The Guidelines On Short CodesThe Commission issued warning letters/ desist orders to two (2) Network operators- Airtel Ltd & MTN Ltd and five (5) Value Added Service (VAS) Providers; namely Yellowdot Africa, Huawei Technologies, Kirusa Communications Ltd , GenieNG Ltd & Pethahiah Rehoboth International Ltd for using unapproved short code for the provision of service.
Commission Sanctions Renna Telecommunications LimitedThe Commission sanctioned Renna Telecoms Ltd the sum of N23, 625,000.00 for the illegal deployment of service in the 5.4GHz band. Renna Telecoms Ltd in accordance with its approved payment plan for eight (8) quarters, has on May 10, 2017 made the first (1st) quarterly payment of N2, 953,125.00.
Commission Sanctions Simbanet (Nigeria) Limited Non-Compliance With Guidelines For Deployment Of Service In The 5.4GHzThe Commission sanctioned SimbaNet (Nigeria) Ltd N27, 300,000.00 for the illegal deployment of service in the 5.4GHz band. SimbaNet made an initial payment of N2, 000,000.00 in 2013 and subsequently N6, 000,000.00 in June 2017. The Commission and the company are currently in discussion regarding the payment of the outstanding balance.
Addressing Concerns On Call Masking In The Nigerian Telecommunication LandscapeThe Commission’s attention has been drawn to the nuisance and threat of incidences of call masking in the Nigerian telecommunications landscape. Preliminary investigations revealed that international calls from UK & US terminating in Nigeria appear as a local call within Nigeria. The UK & US numbers were masked to appear as a mobile or landline emanating within Nigeria. The Commission is concerned about this unhealthy development and therefore has constituted a team to monitor and tackle the incidences of call masking and filing in the industry in view of its economic and security implications.
Regulatory Intervention Meeting Between The Commission, Telecommunications Service Providers And The Ebonyi StateThe Commission’s attention was drawn by some telecommunications service providers (Messrs. I.H.S. Nigeria Limited, ATC Nigeria Wireless Infrastructure Limited and Emerging Markets Telecommunications Service Limited – Etisalat) to the demand notices, audit of communication infrastructure and sealing of Base Transceivers Station (BTS) sites by the Ebonyi State Telecommunications Infrastructure Compliance and Maintenance Agency (EBICIMA).
Similarly, a request for regulatory intervention was received by the Commission from the Ebonyi State Government (Office of the Special Assistant to the Governor on Information and Communication Technology (ICT) Development) drawing its attention to the non-compliance by telecoms operators with the National Economic Council (NEC) resolutions on levies and ICT infrastructures in Nigeria and request for regulatory intervention.Consistent with our principle of stakeholder engagement, a regulatory intervention meeting was facilitated on Thursday 8th June 2017 by the Commission with the representatives of the Ebonyi State Government and telecommunications service providers in the state.
Arising from the said meeting, the following major resolutions were reached:
- That Ebony State should submit a comprehensive list of indebtedness of each operator for reconciliation and payment;
- That given the fact that Permit fee is a one-off payment, the permit renewal fee is not acceptable;
- That the Ebonyi State will avail both the Commission with all legitimate rates payable by operators;
- That where operators lay new fibre optic cable on a state road, the state is entitled to collect the Right of Way fees. However, such fees should not be exorbitant or prohibitive.
Meeting Of The Industry Working Group (IWG) On Multiple Taxations/Regulations
As part of the holistic strategy towards addressing the issues of multiple taxations and regulations in the Nigerian telecommunications industry, the Commission had championed the establishment of an Industry Working Group (IWG) on multiple taxation saddled with the responsibility of discussing these issues and articulate the industry position on same. The IWG had been meeting since 2012 when it was established.
Following a new wave of demands from states and their agencies for payment of different charges/levies and taxes, the IWG meeting was held on 22nd June, 2017 to discuss these issues.
One of the major issues deliberated upon was the need to articulate the list of taxes/levies and charges acceptable to the industry. The table below shows the resolution of the meeting regarding the identified levies and position of operators on same:
At the end of the meeting, the following resolutions were reached regarding the various issues discussed:
- That ALTON/operators should articulate the industry’s official on charges from the Nigerian Civil Aviation Authority (NCAA) and the Environmental Impact Assessment (EIA). The industry position should state the position of the law and acceptability of the charges/levies under these head;
- That regarding the current negotiations with Lagos State, ALTON should officially document all the demand notices received from LASIMRA and seek clarification/confirmation of the charges contained as the basis for engaging the agency vis-à-vis the subsisting agreement already in place;
- That given the Commission’s request for operators to forward all the various taxes/levies including the rates on multiple taxations from all the states including FCT, it would design and forward a template of spread sheet to operators in this regard and they are expected to populate same and return within a week.
Sensitization Workshop For Law Enforcement Agencies On Enforcement ProcessesAs part of its efforts towards promoting synergy and collaboration with the law enforcement agencies, the Commission held workshop in Enugu and Keffi on 12th April and 23rd May 2017 respectively. The two workshops are part of the sensitization programme for Law Enforcement Agencies in all the six (6) Geographical Zones of the Federation for 2016/2017. The Workshop was well attended and the objective of sensitizing the relevant security agencies on enforcement activities was well achieved. Arising from the workshop, the Commission has enhanced its working relationship with the security agencies.