Page 103 - SAMENA Trends - January 2020

REGULATORY & POLICY UPDATES SAMENA TRENDS

The Nigerian Communication Commission, NCC, has (January 18, 2020) dailypost.ng
disclosed that it witnessed impressive growth in the
effective regulation of telecommunication under the A long-running spat between MTN Group and Nigerian
Nigeria leadership of its Executive Vice Chairman, Professor authorities cooled as a demand for $2 billion in back
taxes and a related legal action were withdrawn,
Umar Danbatta. A statement signed and sent to DAILY
POST NCC said “telecoms contribution to Nigeria’s with the matter referred to the country’s revenue and
Gross Domestic Product (GDP) increased from 8.50 customs departments for resolution. In a statement,
percent in August 2015 to 11.39 percent as at October, MTN said Nigeria’s attorney general removed an order
2019.” It explained that the feat was achieved due made in late 2018 demanding payment of dues related
to effective regulatory environment created by the to historical equipment imports and supplier payments.
commission’s helmsman, Umar Dambatta, NCC also The operator had vowed to fight the demand in court
revealed that telecommunications’ from August 2015 with the case due to begin on 30 January, having
till date recorded high growth statistics. According to already been postponed a number of times. Legal
data released by the commission, “Active mobile voice action has now been called-off completely. Despite the
subscribers increased from 151,018,624 to 2015 to climbdown by the attorney general, the matter is not
180,386,316 during the same period while teledensity completely closed. The case is being referred to the
increased to 94.50 percent following its rebasing in country’s inland revenue and customs departments,
early 2019. “Internet subscribers increased from 90 which will both engage with MTN Nigeria to find a
million in 2015 to 123.5 million by October, 2019 while solution. MTN said it was committed to “maintaining
broadband penetration jumped from 8 percent to its cordial relationships with all regulatory authorities in
current 37.87 percent, indicating a total of 72,289,389 Nigeria”. The operator’s CEO Rob Shuter (pictured)
Nigerian access data services on 3G and 4G networks. added the attorney general’s decision “paves the way
“Also, the number of subscriptions to Mobile Number to an orderly and amicable resolution of this matter”.
Portability (MNP) service increased from 385, 617 in The news comes a year after the company settled a
August 2015 to 1, 206,874 by October, 2019. “Similarly, separate dispute with Nigerian authorities over an $8.1
the total number of telecoms subscribers that have billion fine levied on claims the operator improperly
subscribed either partially or fully to the Do-Not-Disturb moved funds out of the country. MTN eventually paid
(DND) service introduced by the Commission – to curb $53 million and denied allegations throughout the
cases of unsolicited text messages – increased from case. After settling the $8.1 billion dispute, MTN’s
level zero to 22,356, 919 currently.” The NCC in its press relations with Nigerian regulators significantly thawed.
statement attributable the feat to an increased public Its local division has since listed on the country’s stock
enlightenment by the Commission’s head office and its exchange and secured a mobile money agent licence
zonal offices across geo-political zones, especially on through one of its subsidiaries.
the availability and usage of Mobile Number Portability. (January 13, 2020) commsupdate.com

The National Communications Authority (Nasjonal scope of some of the obligations. Specifically, the Nkom
kommunikasjonsmyndighet, Nkom) has published has said that fiber accesses completed by Telenor
details of changes to the obligations applied to Telenor after 1 February 2019 are to be considered part of a
Norge, in light of the telco’s plans to replace its copper ‘systematically expanded access network’, being that
network with new technology by the end of 2022. In a such connections are being rolled out as a replacement
Norway press release regarding the matter, the regulator noted for copper connectivity. Fiber-based infrastructure
that previously, in December 2018, it had determined deployed after that date will, therefore, be regulated
Telenor as holding significant market power (SMP) in as per the Nkom’s December 2018 decision related to
Market 3a, wholesale local access provided at a fixed markets 3a and 3b, and as such Telenor will be required
location, and Market 3b, wholesale central access to offer wholesale access to it. In addition, Telenor will
provided at a fixed location for mass-market products. now be required to report on the reclassification of
Based on competition problems it had identified, as individual fiber accesses (i.e. those fiber connections
part of the determination the Nkom ruled that Telenor rolled out pre-February 2019) as the telco continues
would be subject to obligations related to access to replace its copper infrastructure. To that end, the
and pricing. Now, as a result of Telenor’s plans for its regulator has said that individual fiber accesses should
infrastructure, the watchdog has said this development be reclassified as part of the operator’s systematically
will impact the competition problems underlying the expanded access network when Telenor undertakes a
telco’s existing obligations in the broadband market. new fiber development in the same area as the existing
As such, it has sought to clarify Telenor’s obligations, fiber lines. In addition, the telco will be required to
arguing that there is a need to change the content and submit reports regarding these reclassifications

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