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Forced Subscription: Why NCC Reduced Airtel’s Fine To N867m

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Fines illegal users of 5.4GHz bands N5m each

Audits MNOs on DND

BY LINDA JACOBS, Lagos, Nigeria

The Nigerian Communications Commission (NCC) said it reduced the fine imposed on Airtel Nigeria for its forceful subscription of 2,392, 084 MSISDNs into the value added service (VAS) on its network.

The NCC imposed sanction in the sum of N2.4 billion (N2, 397,084,000). Following the sanction, Airtel wrote to the Commission, requesting a downward review of the sanction based on Call Data Record (CDR) submission. Airtel’s submission was reviewed, and the Commission reduced the fine to N866, 842,000 only.

According to NCC’s Compliance Monitoring and Enforcement Report published on its website, the regulator had frowned at the forceful subscription of mobile numbers by telecommunications operators and its audit of the telecom network showed that Airtel Nigeria was found culpable.

SiliconNigeria checks revealed that the Report detailed the activities of the Compliance Monitoring and Enforcement Department (CMED) of the Commission in the second half of 2019 as well as the first quarter (Q1) of 2020.

It stated that CMED intervened to ensure that Ntel which had outstanding financial obligations to fulfill to the Commission carried it out. “In this regard, Ntel proposed to offset the liability on instalment basis and this has been accepted by the Commission. Ntel further requested for an extension of time to pay the debt and nine (9) months extension was granted,” the Report stated.

Following NCC’s Direction to Mobile Network Operators (MNOs) to dedicate the short code 2442 on all networks for use by subscribers to opt-in to the ‘Do Not Disturb’ database restricting unsolicited marketing messages (Voice and SMS) on their MSISDNs, the CMED devised a strategy to monitor and ensure compliance with the Direction through a quarterly review of the performance of Mobile Network Operators’ (MNOs) DND facilities.

The Audit of DND was held between 4th and 6th March, 2020 and all the four (4) MNOs (EMTS, MTN, Airtel and GLO) were visited. It also from March 10-12, 2020 carried out in Lagos State, a quarterly audit exercise to bring to the barest minimum the cases of fraudulent SIM Upgrade/Replacement.

In strict adherence to the Mobile Number Portability (MNP) Regulations 2014 and the Business Rules & Port Order Processes, CMED carried out technical audit exercises of the MNP Platform. Its first quarter (Q1), 2020 Audit of MNOs MNP performance/activities was carried out from 29th – 31st January, 2020.

The Audit team carried out a review of all MNOs planned/ unplanned technical faults that occurred for the period July – December, 2019 and it was observed that all MNOs had some incidents of connectivity issues with NPC which impacted on porting activities during the period under review.

The audit verified that Validation Responses (T2) & Deactivation Responses (T4) Timer Violations by MNOs for the period July – December 2019 were due to technical faults not properly captured and reported by some operators. In addition, some reported violations were duplicate transactions.

The team also noted the implementation of directives issued to Interconnect Clearing House (ICN) by the Commission with regards to on-Demand Service Level Agreement, Display of rejection, error codes and partial Cooperate porting.

SiliconNigeria gathered that NCC intervened to resolve the dispute between MTN Nigeria and Nigerian Inland Waterways Authority (NIWA) regarding dredging activity intended to be carried out by NIWA which posed a significant threat to MTN’s Shoreline Fiber Infrastructure.

Other interventions by NCC included the Inter – Ministerial Committee on Telecommunication Infrastructure and Localization in Nigeria which resolved disagreements between MNOs and NESREA on siting of base stations by ATC Nigeria Wireless Infrastructure Limited BTS sites and IHS Nigeria Ltd.

It also waded into the dispute of the Bayelsa State Board of Internal Revenue (BSBIR) levy of alleged N2.4 billion right of way (RoW) charges which MTN disputed as well as the Cross River State Ministry of Environment demand notice of N60 million for air/effluent pollution for three years against MTN.

Meanwhile, five (5) companies (Priority Communications, Entouche Networks, Futurecom, KKON Technologies & Spar) found to be utilizing 5.4GHz frequency band illegally and charged to court pleaded for leniency and requested for settlement out of Court.

Following their plea, administrative fines of N5 million only was respectively imposed on the companies. The deadline for payment was February 26, 2020. While some of the companies have effected full payment of the fine, some have proposed to pay on instalment basis.

NCC had within the period carried out nationwide enforcement against illegal users of the 5.4GHz frequency band in Cross Rivers, Akwa-Ibom, Otukpa (Benue), Warri (Delta), Benin (Edo), Enugu (Enugu) and Owerri (Imo) respectively. Several arrests were made in Warri, Uyo, Calabar and Owerri as well as items confiscated and the cases were filed at the Nigerian Security and Civil Defense Corps (NSCDC) for investigation and possible prosecution.

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TechEconomy Publisher, Peter Oluka Joins NiRA Board

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Peter Oluka (@peterolukai), the Editor of TechEconomy has joined the Nigeria Internet Registration Association (NiRA) Executive Board of Directors (EBoD).

Peter, a multi-award winner practicing ICT Journalist was elected at the 15th Annual General Meeting (AGM) cum election held in Lagos on Friday at The Zone, Lagos where Mr. Adesola Akinsanya and Mr. Murtala Abdullahi emerged the new President and the Vice President respectively.

They took over from Mr. Mohammed Rudman and Mr. Toba Obaniyi in that order. Other members elected into NIRA Executive Board of Directors (EBoD) at the meeting are; Mr. Ebenezer Dare of Hostlag Limited, and Seun Kehinde of QServers Networks Limited.

Meanwhile, five members have been elected to the Board of Trustees of NiRA. They are; Mrs Ibukun Odusote; Publisher of ITRealms, Mr. Remmy Nweke; former Financial Secretary of NiRA, Mr. Biyi Oladipo; former NIRA president, Mrs. Mary Uduma and Executive Director Centre for Information Technology and Development (CITAD) Mr. Yunusa Zakari Ya’u.

Peter Oluka has been a .ng Domain Name Brand Ambassador since 2015). He actually started his mainstream journalism in 2010 working with the Nigerian NewsDirect Newspaper. His penchant for newsworthy events and stunts registered NewsDirect’s presence in the league of Property & Environment and Labour pious media outfits.

He also Co-founded GrassRoots.ng, a news platform rooted in Speaking for the Global Citizen. He also Co-founded Njalo.ng; an online marketplace for ‘Easy sell & Easy Buy’ or new and used products. 

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Nigerian Active Phones Tops 209m

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The Executive Vice Chairman of the Nigerian Communications Commission, Professor Umar Danbatta disclosed this while delivering the Keynote Address at the dinner hosted by the Board of Trustees of the Nigeria Media Merit Award, NMMA, to flag-off the commemoration of the 30th Anniversary of NMMA as Africa’s foremost media excellence recognition institution, at the Lagos Sheraton Hotel on Tuesday night.

“This represents a teledensity of 109.47%. Besides, basic Internet subscriptions have also grown from zero in the pre-liberalisation era to over 152 million. It is also gratifying that the broadband subscriptions now stand at 85 million, representing a 44.49% penetration,” Danbatta said.

Dwelling on the topic, “The NCC New Strategic Vision (Implementation) Plan (SVP) 2021-2025: A Transformation Agenda”,which signposts thedirection of the Nigerian telecom industry in the next five years,Danbatta recalled the trajectory of the evolution of telecoms in Nigeria.

Represented by the Director, Public Affairs of the NCC, Mr. Reuben Muoka, the CEO of NCC, he recalled the nation’s showing of a paltry 18,724 telephone lines at independence in 1960 to serve a population of 40 million people, translating to a teledensity of 0.5 at that time.

Today, “the Information and Communication Technology (ICT) sector contributed 18.44 per cent to the nation’s Gross Domestic Product (GDP) in the second quarter of 2022. From this figure, telecommunications sector alone contributed 15 per cent,” Danbatta said to place on record the unprecedented contribution of the telecom and ICT industry to GDP.

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N200 Billion ICT Bank and other Strategies to Rescue the Nigerian Telecom Sector 

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By Elvis Eromosele

The Nigerian telecommunications sector must have nine lives. No, it is not a cat. It is however almost always in a near constant mortal struggle with the forces that be – read, government and its agents. The fact that it’s still here means that it has somehow managed to survive, remained sustainable and even dared to thrive. It is a phenomenon that ought to be studied. 

Every indicator shows that the telecom sector remains the bright spot in the nation’s weak economy. It drives socio-economic development, boosts productivity and contributes to improving the lives of citizens like no other sector. 

The COVID-19 pandemic impacted negatively on the global economy by precipitating lockdown and economic disruptions with transport, tourism and aviation sectors tumbling. The telecom sector however continued to “buga”. It saw an increase in voice service and massive growth of digital channels for daily routine activities ranging from telecommuting to entertainment and social engagements. The sector witnessed the growth and saw huge profits as financial reports from major operators show. 

The Nigeria Telecom sector is a gift that keeps on giving. It has witnessed strong growth in recent years and is expected to have continued growth over the foreseeable future. The growth in the sector, according to industry watchers, has been driven by the increasing population, growing demand for communication services, and rising adoption of smartphone services. Some experts have pointed to strong support by the regulatory authorities which in recent times has led to the licensing of the 5G network in the country – a feat some have called the first in Africa. 

Investors in telecom operations are smiling at the bank. It is not surprising therefore that everyone wants a piece of the action, even the government. 

It must be stated that the government collects the value-added tax, annual operating levies, licensing fees and duties among others. This is in addition to all the other statutory taxes including PAYE and withholding tax. 

Now, there are reports that the Finance Minister, Zainab Shamsuna Ahmed, is actively pushing for another tax, a five per cent excise duty on telecoms services. Most right-thinking Nigerians, including, interestingly, the Minister of Communications and Digital Economy, Prof Isa Ali Ibrahim Pantami, have kicked against it. If a recent news report is to be believed, the finance minister is not backing down. 

If the government is keen on milking the telecom sector, it should at least step up on its behalf and help tackle some of the long-standing issues that have held the sector back. 

The challenges are not new. Many of them have plagued the sector since the liberalization of the industry. Industry experts are quick to point out the fact that these challenges are also opportunities when viewed through the right lenses. 

Here are seven of the most pressing challenges, with what I hope are feasible solutions. The government should give it a look-in if doesn’t want to kill the goose that lays the golden egg. 

Difficulty in accessing long-term funds for the industry – The government must hasten to establish an ICT Bank. While it should be in the mould of the Agricultural Bank, it should operate like a venture capital entity. So, after due diligence, the ICT Bank will invest in tech starting with a clearly stated exit /pull-out date. I propose an initial take-off grant of N200 billion naira only. 

Right of way – The goal of the right of way policies should not be revenue generation but to facilitate the speedy deployment of telecom infrastructure. In the short term, states can take a leaf from Ekiti State which reduced telecom’s right of way charges by 97 per cent. For the long term, states should install road ducts on a build-and-lease basis. The federal government can set an example here by installing ducts on all new federal roads and leasing to operators based on an agreed realistic billing scheduled for usage. 

Multiple taxations – Again, governments at all levels, need to stop seeing telcos as only cash cows. Efforts must be towards proper harmonization of taxes and levies and so make it uniform across every state and locality. This will undoubtedly aid the planning and deployment of services by operators. 

Energy challenge – Yes, the telcos knew that Nigeria had a power problem when they paid for licenses in 2001. But who could have imagined that the issue will persist unresolved, for this long? Currently, the logistics of ensuring round-the-clock availability of power is a nightmare that keeps whole teams awake many a night. A straightforward solution is the establishment of energy parks to serve critical infrastructure. QED! 

Local content – Some progress has been made here, especially through the National Office for Technology Acquisition and Promotion (NOTAP). To move forward the government and other corporations need to host local content locally. As a corollary, Nigeria must urgently adopt the doctrine of data sovereignty.

Multiple regulations – This is another problem that is almost as old as the industry itself. The NCC has done a lot of work here. Nigeria must explore a converged regulatory regime as the way out. 

Capacity building – Human resources have always been an issue but the recent increase if the rate of migration has made it a mini-crisis. The Nigerian Universities Commission (NUC) and the NCC have their work cut out for them – bridge the gap between academia and industry via curriculum reform involving the industry and internships.

I’ll be the first to admit that these problems and solutions are not exhaustive. The NCC may want to consider calling a stakeholder forum to deliberate on the problems and proffer solutions. The white paper produced can now be the basis of engagement with the government and its relevant agencies. 

For the government, the focus should not be only on sharing the existing telecom cake, but also on helping the industry bake a bigger cake. 

Elvis Eromosele, a Corporate Communication professional and public affairs analyst lives in Lagos.

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