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Helen Akpofure, a 31-year-old vogue marketing consultant, was talking with a consumer when she obtained a message on her telephone. She didn’t open it instantly however waited till the assembly with the consumer ended. When she opened it to learn, it was a message from a community operator displaying her web information had been exhausted. Her heartbeat quickened immediately.
“I simply bought a 25GB information bundle yesterday and it’s ending in the present day, how?” she spoke out loud to nobody particularly. She checked her information stability utilizing the *312# code, which confirmed she not had information to attach her telephone to the web. It was unusual to her as a result of she has by no means skilled it earlier than and nobody near her had handled such points.
Akpofure stated she has reached out to the community to put a grievance however doesn’t really feel they’re treating it with the seriousness it deserves. So she is now contemplating calling the Federal Competitors and Shopper Fee (FCCPC) as a result of a good friend obtained immediate motion from the fee.
The problem, nonetheless, is from one other suggestions she obtained from an trade insider that the Nigerian Communications Fee (NCC) has major accountability for addressing client complaints within the trade. This implies there’s a excessive likelihood that FCCPC could obtain her complaints however won’t be able to offer any answer for her.
The NCC Act 2003 offers the safety and promotion of the pursuits of shoppers towards unfair practices together with however not restricted to issues referring to tariffs and costs for and the provision and high quality of communications companies, gear and amenities.
The FCCPC, by the Federal Competitors and Shopper Safety Act, can also be saddled with the accountability of defending and selling the pursuits and welfare of shoppers by offering them with quite a lot of high quality merchandise at aggressive costs.
The Act even extends FCCPC’s powers past the shoppers. The fee can train authority over a physique company or company of the federal government of the federation or a physique company or company of a subdivision of the federation if the physique company or company engages in business actions.
Whereas there isn’t a open battle between the NCC and the FCCPC, specialists have stated that is primarily as a result of the patron safety fee appears to not have the buy-in of the telecom regulator in these issues. Subscribers like Akpofure would typically go on to complain to the FCCPC however the fee would seek advice from the NCC to handle the matter, creating events for frustrations for shoppers.
“It’s a pity that FCCPC, a federal company set as much as resolve points, is very disappointing. For practically a yr, I petitioned FCCPC towards a telecom large. They did nothing up until now,” Malachi Uzendu, a subscriber, stated.
Funmi Charles-Ugboma, one other subscriber who has skilled non-resolution of complaints, stated she purchased a brand new line from one of many operators for her mom. The road was duly registered and recharged with N1,000 the identical day. She recharged the road once more with N5,000 weeks later. They each observed the road was not rechargeable after the N5,000 had been debited. She known as the community buyer care line, solely to be instructed that there was no N5,000 recharge on the road, and it was but to be registered.
The FCCPC Act has anticipated events for battle and beneficial a Memorandum of Understanding (MoU). Part 105 of the Act requires sector regulators just like the NCC to barter environment friendly procedures for the administration of areas of concurrent jurisdiction.
“That is apparently designed to minimise the potential for disruption. Such agreements should nonetheless ‘protect the coordinating and management function of the FCCPC in such issues’. The place negotiations are inconclusive, the matter will likely be referred to the Legal professional-Basic and Minister of Justice. Additionally, Part 10 permits the FCCPC to problem ‘compliance notices’ to regulated organisations, (i.e. licences of the NCC) after consulting with the sector regulator, on this case, the NCC,” stated Rotimi Akapo, companion and head, telecommunications, media and expertise observe group, Advocaat Regulation Observe.
The 2 commissions are but to satisfy with trade operators to harmonise MoUs with different regulators, stated an trade operator who needed to stay nameless to talk freely. Telecom complaints generally additionally prolong to the monetary sector the place the Central Financial institution of Nigeria (CBN) is the regulator of first occasion. For instance, a subscriber receives debit alerts for bulk SMS on cumulative transactions inside a selected interval.
How an MoU would have helped subscribers like Akpofure and Uzendu who could wish to complain to the FCCPC is that the fee, appearing like an oversight entity, will interact with the NCC, which has the first accountability. The FCCPC will get responses from the NCC, which will even reply to the subscriber. This reduces the opportunity of a double reporting line. The FCCPC also can obtain escalations instantly if the matter is just not resolved from the primary response and requires extra investigations. The fee would wish to confirm if such points have been first reported to the first accountable company. If not, direct the escalating entity to first report back to that company and if not happy, then it may be escalated.
Reuben Muoka, director of public affairs, on the NCC, insists there isn’t a battle between the telecom regulator and the FCCPC.
“We collaborate very effectively with FCCPC. If we now have points on something associated, we’ll resolve it amicably,” Muoka stated.
Being the regulator of the primary occasion, the NCC expects compliance with the related laws and tips with respect to client safety and competitors points. It’s thought-about unwise and even reckless for any NCC licensee to not adjust to their obligations beneath these laws and different authorized devices.
The fact is nonetheless totally different for subscribers. The FCCPC in 2021 stated complaints from the telecom trade have been among the many highest throughout sectors. In Could 2023, Adeolu Akande, chairman, board of commissioners, on the NCC, stated the fee was overwhelmed with frequent complaints from telecom shoppers on the depletion of web information and different associated points. The fee has since launched into sensitisation of subscribers on methods to cut back the depletion of their information. The fee additionally claims a decision fee of 98 %.
A part of the problem, nonetheless, is most telecom complaints don’t instantly come to the fee. In accordance with specialists, most subscribers would instantly contact the community and if their grievance is just not resolved, they’re extra more likely to go to the FCCPC.
Learn additionally: We’re participating Starlink to cut back service prices – NCC
Specialists say there’s nothing stopping the FCCPC from taking up the patron safety obligations from the NCC.
“Additionally it is necessary to level out that the wordings of part 17(a) (b), & (e) of the Act seems to offer that the FCCPC can take over the enforcement of the Nigeria Communications Act and NCC’s laws or tips with respect to competitors and client safety. The FCCPC can subsequently demand compliance by NCC licensees of the obligations imposed by the NCC laws and tips,” Akapo stated.
Because of this an MoU is probably the most preferable option to deal with attainable conflicts if negotiated inside the context of regulatory equality and recognises the specialisation of the trade regulator.
“An instance of how the potential conflicts between each regulators will be resolved is introduced within the “Memorandum of Settlement” signed in 2019 between the Competitors Fee of South Africa and the Unbiased Communications Authority of South Africa to handle areas of concurrent jurisdiction. This occurred inside the context of regulatory equality and gives a finest observe mannequin which will be adopted by the FCCPC and the NCC,” Akapo stated.
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