Compliance Monitoring and Enforcement Report
(Quarter 2 - 2018)
Compliance Monitoring Of Operators' Individual Consumer Code Of PracticeConsistent with Section 106 (2) of the Nigerian Communications Act 2003 which mandates all licensed telecom companies to prepare individual consumer code for their respective customers and such consumer code shall be subject to the prior approval and ratification by the Commission, we are developing a compliance index database to ensure that operators comply with terms and conditions of their license documents. A list of all licensees with approved Individual Consumer Code of Practice (ICCP) is being prepared.
National Annual Stakeholder Forum On Multiple Taxation And Regulation
The Commission is organizing an engagement forum for relevant stakeholders (Federal/State Government Agencies) in the industry in order to address the issues of multiple taxation to sustain the development of telecoms infrastructure in the telecom industry. The event is scheduled to hold on Tuesday, 17th July, 2018 in Abuja.
The Commission received a letter from Kaduna State Government with respect to the alleged outstanding bills owed by telecom service providers in Kaduna State. Consequently, the Commission engaged the telecom service providers to respond to the allegation via a meeting held at the Commission’s Head Office in Abuja and it was resolved that a tripartite meeting between the Commission, Telecom Service Provider and Kaduna State Government be convened to come to common terms with respect to the alleged indebtedness. The meeting was held at the Government House, Kaduna where the Executive Governor of Kaduna State, Mallam Nasir El-Rufai constituted a committee comprising of representatives all telecom operators operating in the state as well as relevant state agencies with the Commission as an observer.
Following the report of the Committee, the Governor made the following resolutions:
- That the State will discuss with NSCDC on the issue of protection of telecoms infrastructure;
- That a letter will be forwarded to all Local government Chairmen to inform them that tenement rates are prohibited in the State;
- That in accordance with Table 20, Schedule 1 of the Kaduna State Tax Law, 2016, a letter will be written to the State House of Assembly proposing the review of annual administrative fee from N500,000.00 to N100,000.00 and that ISPs be exempted from Land Use Charge;
- According to the law, tax cannot be cancelled stating that there is a specific section that prohibits tax waivers. Therefore, ISPs must pay outstanding 2016 and 2017 annual administrative fees but may however calculate the sum owed with the current agreed fee of N100,000.00. He further stated that the idea of the State is to encourage erection of more masts as there are still many black spots that require coverage;
- On the issue of RoW, there is a National Economic Council (NEC) Resolution that mandates a fee of N145 per meter. He, however, promised that NEC would review and deliberate on the practicability of the charge in the face of the current realities.
Compliance Monitoring Of Mobile Number Portability (MNP)
Consistent with the Commission’s mandate to monitor all significant activities relating to the performance of all licensees and pursuant to the launch of the Mobile Number Portability (MNP) on 22nd April, 2013, the Commission has set up quarterly audit exercises to validate MNOs performance in the MNP Scheme.
Compliance Monitoring Of License Conditions
- Q2 2018, Compliance Monitoring of Internet Service Provider (ISP): Given the Commission’s need to promote pervasive broadband deployment, increase broadband adoption and ensure availability of broadband services at affordable prices, it has become necessary to visit Internet Service Providers (ISP) for Q2, 2018. Compliance Monitoring Exercise has been concluded and the report has been forwarded to Management for further directives.
- Re: Request For Confirmation Of Regulatory Status For The Provision Of AVTS Service By Emerging Markets Telecommunications Services: Following the Commission’s routine compliance monitoring oversight, our attention was drawn to a publication in Daily Trust Newspaper edition of 28th May, 2018 where it was reported that 9mobile launched Vehicle Tracking Solution. It was confirmed that EMTS (9mobile) is found to be providing Automatic Vehicle Tracking Service (AVTS) without a license which contravenes section 31 of the NCA 2003. The matter is being looked into by the relevant sections of the Commission.
Compliance Monitoring Of Tariffs
Compliance Monitoring Exercise on Airtel’s Tariff Plan: In line with the Commission's mandate, we have carried out a routine compliance check on Airtel’s SmartConnect, according to their website SmartConnect is Airtel's default bonus plan for prepaid customers which offers 8 times bonus on every recharge plus. Calls from main account are charged at 50k/sec, while calls from bonus account are charged at 60k/sec and call from Family & Friends are charged 40k/sec. this conforms to the Commission's approval. However, our investigation with MSISDN +2347018442969 revealed some discrepancies in the amount charged in the bonus account. The matter has been forwarded for Enforcement action.
Compliance Monitoring Exercise on MTN’s Tariff Plan: In line with Commission’s mandate, we carried out a routine compliance check on MTN’s Pulse Tariff. MTN Pulse tariff plan is a prepaid tariff plan that allows subscribers to enjoy FLAT rate of 11kobo/sec for calls ACROSS ALL local Networks in Nigeria after spending N11 daily. Our investigation using the TEMS Monitor for both on-net & off-net shows no violation in respect to the Commission’s approval.
Compliance Monitoring Of Advertisements & PromotionsConfirmation of Approval Status of 1GB Free Daily For 365 by Smile Communications Nigeria Limited
The attention of the Commission was drawn to an advert in the GUARDIAN newspaper of Thursday, April 5, 2018 with respect to the 1G free daily data for 365 days. According to the advertisement, subscribers who have been inactive for the 90 days or more, just need to use paid 500MB daily to get 1GB free every day for 365days. Our findings show that no record exists for the approval for this promotion, consequently, the matter has been forwarded for enforcement action.
Nationwide Physical Enforcement Action Against Illegal Users Of 5.4GHz Frequency Band
The Commission carried out a nationwide enforcement exercise against illegal users of the 5.4GHz band. The exercises were conducted in Calabar, Uyo, Yola, Lagos, Enugu, Imo, Kaduna, Kano, Minna, Port-Harcourt and Bayelsa. The NSCDC has commenced prosecution of all the arrested representatives of companies found to be involved in the illegality.
Plenty Millions Lottery PromoThe Commission sanctioned EG & H Integrated Limited the sum of N7, 000,000.00 (Seven Million Naira) only for failure to obtain an approval from the Commission for its Plenty Million’s Lottery promo for contravening Paragraph 8(2) of the Nigerian Communications (Enforcement Processes, etc.) Regulations 2005 and Paragraph 4(1) of the Guidelines on Advertisement and Promotions.
Charge No. FHC/DT/IR/63 – Federal Republic Of Nigeria Vs Kamal Bala Muhammad and Another
The Police has secured conviction on the four (4) persons arrested in Jigawa State for engaging in illegal SIM Registration activities. They were arrested by the Commission’s enforcement team for selling pre-registered SIM cards on the streets in Jigawa State.
Enforcement Activities On SIM Registration In A Controlled Environment
The Commission’s Enforcement Team carried out enforcement action within Abuja Metropolis regarding the Direction on SIM registration in a controlled environment. Four registration agents were arrested and their biometrics capturing machines, finger print scanners, SIM cards, laptops, tablets, etc. were confiscated. The arrested agents and confiscated items have been handed over to the men of the NSCDC for prosecution.
Frustration Of Globacom’s Porting Request By 9mobile
The Commission has issued 9Mobile a pre-enforcement notice for their constant refusal to validate porting requests and also directed the company to comply with Section 23(1) (b) of the Mobile Portability Regulations, 2014 or face appropriate sanction.
Call Masking, Call Refilling And SIM Boxing Related Issues
The Commission conducted an investigation into call masking, call refiling and Sim boxing activities and suspended some companies suspected to be involved in the illegal activities. In order to curtail this illegal activities, the Commission had issued approval to Five (5) companies to carry out “Proof of Concepts” of their software and equipment that they claim can either block or completely stop Call Masking, Call Refiling and Sim Boxing activities.