The
Nigerian Communications Commission (NCC) has lifted the ban on regulatory
services which it placed on MTN Nigeria for several regulatory infractions.
But
the lifting of the ban on regulatory services is in no way related to the fine
the Commission imposed on MTN on October 20, 2015, for failure to deactivate
5.2million improperly registered SIM cards for which a fine of N1.04Trillion
was imposed. These infractions predated
this fine.
The
letter lifting suspension of regulatory services to MTN signed by Mr.
EfosaIdehen, Head, Compliance, Monitoring/Enforcement and Mrs. YetundeAkinloye,
Head, Legal & Regulatory Services, specifically stated that the lifting of
the suspension is as a result of several letters from MTN to the NCC requesting
for the lifting.
The
letter stated that “we have reviewed MTN’s plea and also took into
consideration the fact that MTN has abated all the infractions that gave rise
to the suspension of regulatory services by the Commission”
The
infractions included but not limited to tariffs and promotions by MTN in
letters from NCC of May 4, 2015, May 9, 2015 and May 25, 2015 respectively to
withdraw unapproved tariffs and promotions specifically MTN Trutalk, MTN Best
II promotions among others.
Compliance
checks on MTN showed that it had failed and deliberately refused to comply with
the directives issued by the Commission.
Inspite
of that, it continued to introduce additional promotions in utter disregard for
the NCC directive, contrary to the Nigerian Communications Act (NCA) 2003 and
Regulation 8(2) of the Enforcement Regulations 2005 and the relevant provision
in the Guidelines for Advertisement and Promotion.
Further
communication with MTN in letters dated June 19, 2015 and July 13, 2015 did not
in any way discourage the operator from these infractions.
Consequently,
in a meeting between the NCC and MTN management on October 5, 2015 it was
resolved among others that:
·
NCC should compile and communicate list of
all outstanding infractions to MTN stating what they need to do regarding each
of the infractions;
· MTN should resolve all the outstanding
infractions within two weeks and revert to the Commission;
·
The Commission will monitor and validate
the claims by MTN;
·
MTN must commit to settling all outstanding
Annual Operating Levies (AOLs) debts from 2014 and MTN must pay all penalties
resulting from these outstanding infractions.
Having
reviewed MTN’s plea therefore and in consideration that the operator has abated
all the infractions listed above, the NCC hereby lifts the suspension urging
MTN “to ensure that it maintains good regulatory standing with the Commission
at all times to avoid future occurrence”
In
lifting the suspension of regulatory services to MTN, “the Commission expects
total compliance with NCA, 2003, Regulations and the Terms and Conditions of
Licences issued to MTN and will not hesitate to impose necessary sanctions
where MTN flouts any provision of the foregoing regulatory instruments”
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