Telecom
Telcos Wax Worriedly over Annual Due Review by FRC
Association of licensed Telecom Companies of Nigeria (ALTON), umbrella body of telecom operators in the country, has raised the alarm over the review of annual payment structure under the Financial Reporting Council Amendment Act 2023 (FRC Act), warning that its implementation will hurt telecom operators.
The group warned that “the new structure would pose significant challenges for our members, especially in light of the prevailing harsh economic conditions in the country”.
A letter addressed to Dr Rabiu Olowo, executive secretary/CEO, Financial Reporting Council of Nigeria, dated September 13, 2024 and jointly endorsed by Gbenga Adebayo, chairman, and Gbolahan Awonuga, executive secretary of ALTON respectively, highlighted the concern of the reviewed annual payment structure.
“ALTON writes to express its deep concerns regarding the recent review of the annual payment structure under the Financial Reporting Council Amendment Act 2023 (FRC Act) particularly as it relates to non-quoted public interest companies.
As you are aware, the new payment structure is based on a percentage of the annual turnover of our member companies, rather than the previous maximum cap of N1 million that was payable under the Act. Section 33(1)(d) of the Act now requires private companies to pay their annual dues based on the computation below: 0.02% of annual turnover of N25 million and below; 0.025% of annual turnover of more than N25 million but not more than N50 million; 0.03% of annual turnover of more than N50million but not more than N500 million; 0.04% of annual turnover of more than N500 million but not more than N1 billion; 0.045% of annual turnover of more than N1 billion but not more than N10 billion; and 0.05% of annual turnover of more than N10 billion.
“On the other hand, Section 33(1) (c) of the Act determines the annual dues payable by quoted companies with reference to a percentage of their market capitalization up to a pre-determined lower amount, which is more favourable to publicly quoted entities compared to the non-publicly quoted entities. For example, a publicly quoted company with market capitalization of N1 trillion will be required to pay N25 million as annual dues, whilst a non-publicly quoted company will be required to pay 0.05 percent of N1 trillion amounting to N500million. We are concerned about the huge disparity in the amounts payable as annual fees by entities having the same turnover figure deserves to be addressed in the face of the harsh operating environment in the country.
“While we understand the rationale behind this review, we believe that implementing the new structure would pose significant challenges for our members, especially in light of the prevailing harsh economic conditions in the country. The telecommunications industry in Nigeria has been facing numerous headwinds, including rising operating costs and foreign exchange fluctuations. The current payment structure will place an undue burden on our members, potentially impacting their ability to maintain operations and continue providing critical services to the Nigerian public,” ALTON wrote.
The group noted that when considering the balance between enforcing the law and the need for Foreign Direct Investment (FDI), as well as the demand for bridging the telecom infrastructure deficit to enhance digital penetration, it urged the FRC to consider adopting alternative computation for companies within the telecommunications industry.
“We respectfully urge the FRC to consider the following suggestions as alternatives: Computation of annual dues based on profit and not revenue.
“By virtue of the nature of the telecommunications industry, our members deploy significant capital towards carrying out their operations and bridging the telecommunications gap within the country. As such, there is a great disparity between the revenue of these companies and the profit which they declare. For example, a company might have a turnover of N200 billion and declare a profit of only N15 billion and it would be unfair for such a company to pay FRC dues based on its revenue. We consequently request that the FRC uses its good office to consider computation of the annual dues for companies within the telecommunications industry, based on their profit as opposed to revenue,” ALTON suggested.
Another suggestion was the reintroduction of a pre-determined cap on the FRC dues.
“We note that the new Act in Section 33 (1)(c) computes the annual dues payable by public companies based on their market capitalization but subject to a pre-determined cap. For example, a public company with a market capitalization of N500 billion will either pay 0.0025% of this amount or N20 million, whichever is lower. On the other hand, a private company with the same revenue will pay N250 million. This disparity is significant and unfair to private companies. In the interest of fairness, we urge your good office to consider reintroducing a pre-determined cap on the dues payable by non- quoted public interest entities, similar to that which is applicable to public companies.
“In the light of the foregoing, ALTON respectfully request you to use your good office to change the basis of computing the annual dues payable based on either of the option mentioned above. We are committed to working constructively with the FRC to find a mutually acceptable resolution to this matter. We would be more than willing to arrange a meeting with your office to discuss this issue in detail and explore alternative solutions or payment arrangements that would be more manageable for our member companies.
“We firmly believe that a collaborative approach would be in the best interest of the industry, the regulatory environment, and the overall economic well-being of the country,” ALTON stated.
Nigerian Communications Commission (NCC) has charged the over 174 million telecoms subscribers in the country to constantly monitor their data usage to authenticate their consumption level.
This follows concerns being raised by telecoms consumers about the rapidity of data depletion on their devices.
The Commission particularly enjoined the consumers to always contact their service providers to make requests for cases of discrepancies noted in their data usage.
While the consumers are expected to contact their service providers to request for their usage history/statement where inconsistency exists in their data usage as first step, the Commission said they may also escalate such issues to the Commission through its toll-free Number 622 and social media platforms, especially if their requests are not satisfactorily handled.
The Commission, which also made some clarifications regarding the concerns being raised by the consumers around data usage, said the need to inform the consumers on their concerns is part of its commitment to protect and appropriately inform and educate the telecom consumer on industry issues.
Making further clarifications around data speed and usage, the Commission said data speed is the speed at which data is transferred between two devices, measured in megabits per second (Mbps or mbps), stressing that given the spread of Internet services and the immense investment in the sector, data rates have continued to increase and users may be unaware of how to measure data speed.
The telecoms regulator explained further that websites such as www.fast.com also provide an easy way for consumers to measure Internet speed on any device at any location.
“The higher the data speed, the quicker pages load-downloads and uploads-occur and expectedly, the quicker data bundles are exhausted. So, as telecom consumers are able to do more on devices in less time, some consumers’ devices & network service providers make it possible to limit data speed to help users manage data usage better.
“In any case, most devices now include functions to measure data used by devices and it is imperative that users monitor same to authenticate data usage, such as applications left running on devices. Therefore, where discrepancies occur users may contact their service provider to request for their usage history/statement. If request is not dealt with satisfactorily then, users can contact NCC by calling 622 or engage the Commission via its social media platforms”.
It added that the data usage experience is a function of location, network equipment and users connected in a particular location.
Association of Mobile Communication Device Technicians of Nigeria (AMCODET), has called on the Nigerian Communications Commission (NCC) to make it mandatory for mobile phones to be registered at the point of purchase.
According to Kehinde Apara, president of AMCODET, implementing this registration process would significantly help in combating phone theft and assist in locating stolen devices.
Apara, made this appeal in an interview in Lagos on Monday.
He stated, “Registration of mobile phones will reduce theft to the barest minimum, as it will be difficult for thieves to sell registered stolen phones.”
Apara explained that the registration of new phones would also help to reduce the harassment faced by technicians by security agencies.
“So many of our members have been labelled accomplices in theft cases, because customers bring stolen phones to them to repair. We believe this is unfair to such innocent people,” he said.
He went on to highlight that the NIN-SIM linkage, which was originally an idea brought forward by AMCODET, was created to curb insecurity and theft.
However, Apara pointed out that “It is not enough.”
He stressed the need for further measures to ensure the proper registration of mobile phones, emphasising that such a step would make it easier for technicians to identify stolen devices brought in for repair or flashing.
“AMCODET has been at the forefront of organising seminars on the security of mobile phones and has also been sensitising the public and authorities on the challenges faced by the association due to phone theft. There is no way our members can identify if a phone is stolen when brought to them for repairs or flashing, but if the phone is registered, the technician can more easily identify it,” he explained.
Apara also expressed a desire for closer collaboration with security agencies, saying, “We want to work with security agencies to ensure that phones are properly registered, theft is prevented, and thieves are brought to book.”
In additin to the call for phone registration, Apara appealed to individuals and the private sector to support efforts to develop the mobile phone industry in Nigeria.
He remarked, “We need individuals’ support to develop our industry, rather than relying on government for everything.”
He emphasised that Nigeria has the capacity to develop its own technology and reduce reliance on imported devices, “With the support of individuals and the private sector, Nigerians can begin to develop its own technology, rather than relying on imported technology.”
Apara expressed optimism for the future of the mobile phone industry in Nigeria, believing that with the right support, the country could build its own technological solutions and move towards greater self-reliance.
“We can develop our own technology.”
“But we need the support of individuals and organisations to make it happen,” he said.
Credit: NAN
French antitrust regulators have fined Apple 150 million euros ($162 million) over its App Tracking Transparency (ATT) feature, which is facing scrutiny in multiple European countries.
The French Competition Authority ruled that Apple’s implementation of ATT was “neither necessary nor proportionate to the company’s stated goal to protect user data” and unfairly penalized third-party publishers.
Alongside the financial penalty, Apple has been ordered to publish the decision on its website for seven days. The ruling comes amid ongoing investigations in Germany, Italy, Romania, and Poland into ATT, which Apple introduced in 2021 as a privacy safeguard.
ATT requires apps to obtain explicit user consent via a pop-up before tracking activity across other apps and websites. If users decline, the app loses access to their advertising identifier, limiting targeted advertising. Critics argue that the system disproportionately benefits Apple by restricting competitors while promoting its own advertising services.
The French watchdog found that ATT forces users to navigate excessive consent windows for third-party apps on iPhones and iPads, making the process unnecessarily complicated.
Additionally, Apple’s system requires users to opt out of ad tracking twice rather than once, which the authority said undermines the feature’s neutrality and causes economic harm to app publishers and ad service providers.
The ruling emphasized that smaller publishers, which rely heavily on third-party data collection for revenue, are particularly affected.
The French regulator initially declined to impose emergency measures in 2021 after complaints from the advertising industry, but continued its investigation, ultimately leading to Monday’s decision.
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