CKN'S INVESTIGATION:WHY NCC FINALLY SLAMMED MTN WITH HEAVY FINE

After several days of accusation and counter accusation by telecom giant MTN against the sanction imposed on it by Nigeria's telecommunication regulator,the Nigerian Communications Commission,CKN News exclusive investigation has revealed how and why the NCC finally brought down the big stick on the South African owned telecom company operating in Nigeria.Our exclusive findings revealed the followings:

• The Commission had consistently engaged Mobile Network Operators, (MNOs) to strictly adhere to the Regulations and it’s Business Rules in the registration of their subscribers.
• In spite of these several engagements, the Commission confirmed various cases of violations of the regulations and sanctioned appropriately.
• Consistent with the Commission’s mandate and its regulatory process, the Commission monitored MNOs compliance with the above Regulations and in 2012 observed irregularities in the registration process.
• Given the recent security concerns in the country, Government held several meetings with MNOs on the need to ensure only properly registered SIM Cards are active on their networks.
• On 4th August, 2015, another high level meeting was held with the MNOs. Consequent upon which earlier directives were reinforced with a deadline to deactivate all invalid/improperly registered SIM Cards within seven days ending August 11, 2015.
• Three days after the deadline, the Commission carried out a Compliance Audit of all the MNOs from 14th to 18th August, 2015.
• The outcome of the Audit showed that while all other MNOs complied substantially with the directive to deactivate improperly registered SIM Cards, MTN showed no sign of compliance at all.
• Based on the report of the Compliance Audit Team, an Enforcement Team visited MTN from September 2-4, 2015 wherein MTN admitted and the Team confirmed that 5.2million improperly registered SIM Cards were still left active on their network; hence, a contravention of the Regulations was established.
• Consistent with the Commission’s enforcement process, MTN was by a letter dated 5 October 2015, given a notice to state why it should not be sanctioned in line with the Regulations for improperly registered SIM Cards that were not deactivated at the time of enforcement visit of September 15, 2015.
• On 19th October 2015, the Commission received and reviewed MTN’s response and found no convincing evidence why it should not be sanctioned for the established violations.
• Accordingly, by a letter dated 20th October, 2015 the Commission conveyed appropriate sanctions to MTN in accordance with Regulations 19 and 20 of the Telephone Subscribers Registration Regulations 2011, to pay the sum of N200, 000.00 only for each of the 5.2 Million improperly registered SIM Cards.
• It is pertinent to note that the Nigerian telecommunications industry is regulated, hence Service Providers are obligated to ensure strict compliance with rules of engagement within the Industry.
• The exponential growth in the Nigerian Telecoms Industry in the past 14 years has come with its negative sides, including the use of telephone lines for criminal activities, thus compromising security situations within the Country.
• In order to ensure proper identification of telephone subscribers with their biometric data and in line with international best practice,the Commission came up with a framework for the registration of telephone subscribers in Nigeria. (Nigerian Communications Commission Registration of Telephone Subscribers Regulation 2011)
• The above Regulations was developed with the full participation of all key industry Stakeholders including all Mobile Network Operators (MNOs).
• The Commission on its part has a statutory responsibility to monitor and enforce compliance to the rules. More so, when national security is at stake.