Once again, the issue of non-compliance by telecom operators with the payment of their Annual Operating Levy has come to the fore for condemnation by the Nigerian Telecommunications Commission. The commission, at a recent annual stakeholders’ consultative forum on selected licence categories, described the action of the telecom operators as a breach of operators’ obligation.
The Director, Licensing and Authorisation, NCC, Funlola Akiode, who was represented at the meeting by the Head, Post Licensing Unit, NCC, Chukwuma Azikiwe, said the telecom operators’ non-compliance to terms, conditions and obligations was of concern to the NCC , more so, that such non-compliance by telecoms operators was a breach of their obligation to NCC.
A situation where some telecom operators are operating contrary to the terms indicated in their licences says volume about their laickadaisical attitude and the lack of seriousness with which they hold their licences and their business.
Also reports indicate that some operators are not in compliance with approved Individual Consumer Code of Practice , Type Approval of equipment, submission of statistical data and information on their change of address.
Worse still, is that in many cases, telecom operators often delay to renew their operating licences when they expire. if anything, it is the height of abuse of business ethics for any telecom operator to delay the renewal of any of its licences at its expiration. If anything, the NCC would need to jolt any telecom operator which delays the renewal of its licence by taking such lukewarm attitude as lack of interest in operating in the country again and by auctioning such licence to others waiting to be licensed.
Although, an aspect of their licence indicates that it would be automatically renewed. But, is it impossible for NCC to grant automatic renewal of operating licence to any telecom operator that has not paid for renewal of such a licence or where the operator has not fully fulfilled its obligations under the law and in line with the rules of NCC.
In fact, according to NCC, renewal of licence is subject to being up to date in the payment of AOL, development and publication of approved Individual Consumer Code of Practice . This, is in addition to updated type approval of telecommunications equipment, payment of spectrum and numbering where applicable, among others.
Some of the telecom networks have been circumventing the country’s laws by avoiding paying proper tax to our tax authorities and by short-changing the country through other means. This is sad. it amounts to sabotaging the country and must be viewed and treated by the government as such. The offence must therefore be taken seriously and the full weight of the law brought to bear on the offenders.
The tax authorities and the Central Bank of Nigeria must deal ruthlessly with any telecom operator that tries to evade our laws regarding payment of tax and repatriation of profits. It must be noted that many manufacturing companies have stayed in Nigeria for more than 50 years without flouting the laws of the land and their businesses are still thriving. So, the NCC and the Federal Government should not lose any sleep by heavily punishing any telecom operator that attempts to knowingly run foul of the country’s laws.
In fact, the behaviour of some of the telecom operators is an insult to the collective intelligence of this country. What they cannot do without being heavily penalised in their country of origin, they want to do the same with impunity in this country. If anything, it is sad and repulsive and the offending telecom operators must be heavily punished.
As things are, any telecom operator found to be stepping on our laws, or undermining our laws in any form or manner must not only be punished severely but be disallowed from getting any other licences they may wish to take from any arm of the government.
Going forward, telecom operators must learn to respect the extant laws of the country and its subsidiary legislations as well as to carry out their operations in line with global best practice for the advancement of the telecoms industry generally and to robustly support accelerated development of the country.
Anything that detracts from global best practice is clearly not in the interest of this country and should be visited with heavy penalty by the NCC and the
government.
