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Data Rollover: Telcos Give NCC Condition for Compliance

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  • Data Rollover: Telcos Give NCC Condition for Compliance

Telecommunication operators (telcos) have resolved to comply fully with the recent directive given them by the regulator, the Nigerian Communications Commission (NCC) on data rollover but on one condition.

The telcos said they have agreed to fully comply with the regulatory directive on data rollover on the condition that NCC must revisit the suspended data price floor, which seeks to increase data tariff.

Data price floor in technical parlance, is one of the regulatory safeguards normally put in place by the telecommunications regulator to check anticompetitive practices particularly by the dominant operators. It is a minimum price on data services as stipulated by government or the regulator.

NCC had last week, directed all telecoms operators to henceforth give 14 day window to subscribers after the expiration of their monthly data subscription to enable them exhaust their unused data bundle before rolling over.

The directive is sequel to the myriad of complaints received by NCC from telecoms subscribers that their respective service providers do not give them enough time to exhaust their monthly data subscription plan before they were either disconnected or forced to roll over the excess data bundle to the next month after purchasing another monthly data plan.

The decision by NCC to address subscribers’ complaints may not be unconnected with its resolve to always protect the interest of telecoms consumers, after declaring 2017 as the year of telecoms consumers.

Although the directive may likely affect the revenue stream of telecoms operators, especially the smaller operators, but the operators said they would comply, rather than flex muscles with the regulator, since it is a regulatory directive.

Looking at the implication of the directive on data rollover and the 14- day window, Chairman of the Association of Licensed Telecoms Operators of Nigeria (ALTON), Gbenga Adebayo, said the telecoms service providers have to comply with the directive, since it is a regulatory directive. He, however, raised the issue of the suspended data floor price, which in his views, must be addressed by the NCC in order to protect the operators from running at a loss in their telecoms business, just the same way the NCC is protecting telecoms consumers.

According to Adebayo, “Directive of this nature will underscore the importance of the data floor price that was suspended by NCC, following complaints from the same telecoms subscribers that the NCC is protecting. In protecting the telecoms consumers, NCC must also balance the situation by revisiting the suspended data floor price, which seeks to fix a new price cap for data services across networks.”

He said if NCC must enforce the 14-day window on data rollover, it must also consider the reintroduction of the suspended data floor price in order to cushion the effect of the loss of revenue that operators would face based on the directive.

The Executive Vice Chairman of NCC, Prof. Umar Garba Danbatta, who gave the directive in Minna, Niger State, during a telecoms consumer forum organised by the NCC, advised the consumers to call NCC on the toll-free line, 622, if their complaints were not resolved by their network providers, assuring them that the commission will take up the matter and resolve it, where the operators failed to do so.

NCC had on November 1, 2016, written to the mobile network operators (MNOs) on the determination of an interim price floor for data services after a stakeholders consultative meeting of October 19, 2016. As at November 1, 2016, the industry average for data tariff floor for dominant operators including MTN Nigeria Communications Limited, EMTS Limited (Etisalat), now 9mobile, and Airtel Nigeria Limited, was N0.53k/MB. But the interim price floor as introduced by NCC, which was to commence with effect from December 1, 2016, sought to increase the industry average for data tariff from 53k/MB to 90k/MB.

Considering the new rate of N90k/MB as contained in the interim floor price for data services, MTN went ahead to inform its over 61 million subscribers that it would increase data tariff with effect from December 1, 2016. The announcement by MTN raised a lot of dust among subscribers across networks, who called on NCC and the operators to rescind the decision of data tariff hike.

Following the complaints from subscribers, NCC decided to suspend any further action in that direction till date.

Is the CEO/Founder of Investors King Limited. A proven foreign exchange research analyst and a published author on Yahoo Finance, Businessinsider, Nasdaq, Entrepreneur.com, Investorplace, and many more. He has over two decades of experience in global financial markets.

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Nigeria Advances Plans for Regional Maritime Development Bank

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Nigeria is making significant strides in bolstering its maritime sector with the advancement of plans for the establishment of a Regional Maritime Development Bank (RMDB).

This initiative, spearheaded by the Federal Government, is poised to inject vitality into the region’s maritime industry and stimulate economic growth across West and Central Africa.

The Director of the Maritime Safety and Security Department in the Ministry of Marine and Blue Economy, Babatunde Bombata, revealed the latest developments during a stakeholders meeting in Lagos organized by the ministry.

He said the RMDB would play a pivotal role in fostering robust maritime infrastructure, facilitating vessel acquisition, and promoting human capacity development, among other strategic objectives.

With an envisaged capital base of $1 billion, RMDB is set to become a pivotal financial institution in the region.

Nigeria, which will host the bank’s headquarters, is slated to have the highest share of 12 percent among the member states of the Maritime Organization of West and Central Africa (MOWCA).

This underscores Nigeria’s commitment to driving maritime excellence and fostering regional cooperation.

The bank’s establishment reflects a collaborative effort between the public and private sectors, with MOWCA states holding a 51 percent shareholding and institutional investors owning the remaining 49 percent.

This hybrid model ensures a balanced governance structure that prioritizes the interests of all stakeholders while fostering transparency and accountability.

In addition to providing vital funding for port infrastructure, vessel acquisition, and human capacity development, the RMDB will serve as a catalyst for indigenous shipowners, enabling them to access financing at favorable terms.

By empowering local stakeholders, the bank aims to stimulate economic activity, create employment opportunities, and enhance the competitiveness of the region’s maritime sector on the global stage.

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Economic Downturn Triggers Drop in Nigerian Air Cargo Activities

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Activity in Nigeria’s air cargo sector declined with cargo volumes dwindling across airports in the country.

The decline fueled by a myriad of factors including rising production costs, diminished purchasing power, and elevated exchange rates, has underscored the broader economic strain facing the nation.

Throughout 2023, key players in the sector, such as the Nigerian Aviation Handling Company (NAHCO) and the Skyway Aviation Handling Company (SAHCO), reported notable decreases in their total tonnage figures compared to the previous year.

NAHCO recorded a six percent decline in total tonnage to 61.09 million kg, while SAHCO’s total tonnage decreased to 63.56 million kg. These declines were observed across various services, including import, export, and courier.

According to industry experts, the downturn in cargo volumes can be attributed to the escalating costs of production, which have soared due to various factors such as higher diesel prices, increased supply chain costs, and fuel surcharges.

Also, the adverse impact of elevated exchange rates, influenced by Central Bank of Nigeria’s policies on Customs Currency Exchange Platform, has further exacerbated the situation.

Seyi Adewale, CEO of Mainstream Cargo Limited, highlighted the challenges facing the industry, pointing to higher local transport and distribution costs, as well as the closure of production/manufacturing companies.

Adewale also noted government policies aimed at promoting local sourcing of raw materials, which have added to the complexities faced by cargo operators.

The broader economic downturn has led to a contraction in Nigeria’s economy, with imports declining as a response to the prevailing economic conditions.

Ikechi Uko, organizer of the Aviation and Cargo Conference (CHINET), emphasized the shrinking economy and reduced import activities, which have had a ripple effect on air cargo volumes.

Furthermore, the scarcity of foreign exchange and trapped funds experienced by carriers have contributed to the decline in cargo operations.

Major cargo airlines, including Cargolux, Saudi Cargo, and Emirates Cargo, have ceased operations in Nigeria, leaving Turkish Airlines as one of the few carriers still operating, albeit on a limited scale.

The absence of freighter cargo airlines has forced importers and exporters to resort to chartering cargo planes at exorbitant rates, further straining the air cargo sector.

 

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Point of Sale Operators to Challenge CAC Directive in Court

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Point of Sale (PoS) operators in Nigeria are gearing up for a legal battle against the Corporate Affairs Commission (CAC) as they contest the legality of a directive mandating registration with the commission.

The move comes amidst a growing dispute over regulatory oversight and the interpretation of existing laws governing business operations in the country.

Led by the National President of the Association of Mobile Money and Bank Agents in Nigeria, Fasasi Sarafadeen, PoS operators have expressed staunch opposition to the CAC directive, arguing that it oversteps its jurisdiction and violates established legal provisions.

Sarafadeen, in a statement addressing the matter, emphasized that the directive from the CAC contradicts the Companies and Allied Matters Act (CAMA) of 2004, which explicitly states that the commission does not have jurisdiction over individuals operating as sole proprietors.

“The order to enforce CAC directive on individual PoS agents operating under their name is wrong and will be challenged,” Sarafadeen asserted, citing section 863(1) of CAMA, which delineates the commission’s scope of authority.

According to Sarafadeen, the PoS operators are prepared to take their case to court to seek legal redress, highlighting their commitment to upholding their rights and challenging what they perceive as regulatory overreach.

“We shall challenge it legally. The court will have to intervene in the interpretation of the quoted section of the CAMA if individuals operating as a sub-agent must register with CAC,” Sarafadeen stated, emphasizing the association’s determination to pursue a legal resolution.

The crux of the dispute lies in the distinction between individual and non-individual PoS agents. Sarafadeen clarified that while non-individual agents, operating under registered or unregistered business names, are subject to CAC registration requirements, individual agents conducting business under their names fall outside the commission’s purview.

“Individual agents operate under their names and are typically profiled with financial institutions under their names,” Sarafadeen explained.

“It is this second category of agents that the Corporate Affairs Commission can enforce the law on.”

Moreover, Sarafadeen highlighted the integral role of sub-agents within the PoS ecosystem, noting that they function as independent branches of registered companies and should not be subjected to the same regulatory scrutiny as non-individual agents.

“Sub-agents are not carrying out as an independent company but branches of a company,” Sarafadeen clarified, urging for a nuanced understanding of the operational dynamics within the fintech and agent banking industry.

In addition to challenging the CAC directive, Sarafadeen emphasized the need for regulatory bodies to prioritize addressing broader issues affecting businesses in Nigeria, such as the high failure rate of registered enterprises.

“The Corporate Affairs Commission should prioritize addressing the alarming failure rate of registered businesses in Nigeria, rather than targeting sub-agents,” Sarafadeen asserted, calling for a shift in regulatory focus towards fostering a conducive business environment.

As PoS operators prepare to navigate the complex legal terrain ahead, their decision to challenge the CAC directive underscores a broader struggle for regulatory clarity and accountability within Nigeria’s burgeoning fintech sector.

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