The Nigerian Communications Commission (NCC) has strongly condemned the widespread violations of regulatory rules by Information and Communications Technology (ICT) operators.
In light of ongoing non-compliance and consistent service quality failures, the Commission is drafting stronger, non-monetary penalties to hold these operators accountable for their actions.
Dr. Aminu Maida, the Executive Vice Chairman of NCC, delivered this warning amid service disruptions, frequent outages, equipment malfunctions, and inadequate infrastructure maintenance by telecom tower companies and other ICT service providers. Such violations threaten the integrity of the Internet and voice services, potentially impacting Nigeria’s burgeoning digital economy.
Investigations have revealed that many companies have remained unfazed by financial penalties. They continue to easily violate regulatory guidelines, often budgeting for these fines in their financial statements. This practice has drawn criticism from the NCC, which is prioritising compliance over financial profits in its regulatory framework.
As a result, the Commission is preparing to review its Enforcement Processes Regulations (EPR) from 2019, which currently prescribes monetary fines for violations.
A consultation paper signed by Maida reveals that the Commission is contemplating introducing asymmetric sanctions. This approach would impose differing sanctions on smaller and larger operators for similar violations, aiming to enhance industry sustainability and uphold equitable enforcement.
Among the five regulatory proposals being considered ahead of the anticipated rule-making process for the ERP review in 2029—anchored in Section 71 of the Nigerian Communications Act (NCA) 2023—is the potential for non-monetary sanctions against licensees who violate rules.
The NCC has requested feedback from stakeholders to influence specific amendments and changes that will be implemented when the rule-making process is initiated later in the third quarter of 2025.
One of the proposals seeks to establish non-monetary administrative measures that would restrict certain licensing privileges and benefits, such as punitive action for violations relating to licensing, interconnection debt, and other non-compliance issues.
Maida explained that this Regulatory Proposal aims to shift the focus from financial penalties to administrative measures and regulatory actions, which would facilitate improved compliance and more effective regulation enforcement against violators.
The second proposal aims to establish liability for emerging issues such as call masking, call refiling, and SIM boxing, thereby expanding both criminal and administrative liabilities for infractions related to interconnection and call manipulation by both licensees and non-licensees.
These measures will be grounded in the authority granted to the NCC by Section 70 of the Act, which empowers the Commission to implement regulations concerning communications offences.
The third proposal aims to clarify the general and specific administrative fines outlined in the EPR 2019. Maida noted that this proposal aims to refine and amend the Schedule of Regulations, detailing different breaches and their corresponding fines, addressing challenges identified in the 2024 Regulatory Impact Assessment (RIA).
The fourth regulatory proposal aims to define administrative and liability measures that hold licensees’ Boards and Management accountable for repeated violations of the Nigerian Communications Act 2003 and applicable regulations. This proposal seeks a comprehensive revision of Regulation 18 of the EPR 2019, outlining administrative actions that could impact the existence and operation of a licensee’s management and board.
In summary, the NCC is taking decisive steps to enhance compliance within the telecommunications sector, signalling a shift towards more rigorous regulatory enforcement.
