
A unique opportunity now exists for Telecoms Operators and Content Providers, as a platform for Cross-Network value added services and content delivery has been established by Interconnect Clearinghouse Nigeria Limited (ICN). In its continued effort at ensuring efficient operation of the National Telecommunications Network ICN has signed a Joint Venture Agreement with TeleDNA Communications Pvt. Ltd, a Bangalore, India based Company which develops and markets end-to-end Value Added Services (VAS) solutions for Mobile Operators [TDMA, GSM & CDMA], Enterprises and End Users, worldwide.
The Joint Venture Agreement will enable ICN put in place the necessary infrastructure [Voice Gateway, SMS Gateway, MMS Gateway and WAP Gateway] to enable Telecoms Operators, Value Added Service providers and Content aggregators deploy and market their services across all Network Operators that are connected to ICN from a single point of delivery and without investing in infrastructure.
As a licensed Interconnect Clearinghouse with existing Cross-Network interconnectivity to all network operators in the country, ICN is able to manage the agreements reached by the Operators and the Content providers on the various traffic bands available for premium rate services. ICN is also in a position to manage the existing contents on various Networks, thereby allowing the Operators to concentrate on their core conventional services.

ICN believes that the provision of this infrastructure will act as a driver for local content development in the Information and Communication Technology Industry, in Nigeria and further enrich the gains of the Telecommunications Industry in Nigeria.
It is strongly believed that ICN, with a strong relationship with all the mobile operators together with TeleDNA will bring in a lot of benefits and value to all the operators in Nigeria.
We are excited about this business relationship with ICN. This partnership is very important to TeleDNA as ICN brings in their vast experience and domestic footage in rapidly growing VAS markets. With our partnership, customers can look forward to wide range of innovative customized VAS application offerings on highly robust and reliable TeleDNA platform. This versatile & futuristic platform shall provide seamless & customized interfaces to the operator’s VAS infrastructures.” Said Mahesh Wanikar-VP Sales & Marketing TeleDNA.
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|
IN
THE MATTER BEFORE THE NIGERIAN COMMUNICATIONS COMMISSION
BETWEEN:
INTERCONNECT CLEARING HSE. NIG.
LIMITED...................................................COMPLAINANT
AND
MTN
NIGERIA COMMUNICATIONS
LIMITED.........................................................RESPONDENT
PROCEEDINGS AT THE HEARING HELD AT THE NCC CONFERENCE ROOM ON 12th
APRIL, 2006.
INTRODUCTION
This Panel was set up under
Section 73 of the Nigerian Communications Act, 2003 (NCA, 2003) to
resolve the dispute between Interconnect Clearing house Nig. Ltd (ICN)
and MTN Nigeria Communications Ltd. based on a Complaint filed by ICN
for the Commission to intervene in the matter.
ATTENDANCE
PANELISTS:
|
Engr. Ernest Ndukwe |
EVC
(Chairman) |
|
Engr. Steven Bello |
EC-E & S |
|
Dr. Gwandu
Bashir |
EC-L & CA |
|
Steven
Andzenge |
DLS |
|
Dr. Sylvanus
Ehikioya |
DTRS |
PANEL ADVISERS:
|
Mr Ayo Oke |
SA (EVC) |
|
Mrs. Akinloye
Yetunde |
PMLS |
SECRETARIES:
|
Mr. Shola Adeyemi |
SML |
|
Mr. Mohammed
Gwa |
SML |
|
Ms June
Nwachukwu |
DML |
PARTIES:
INTERCONNECT CLEARING HOUSE NIG. LIMITED
|
Admiral Alison
Madueke |
Executive
Chairman |
|
Francis U.
Chikelu |
Chief
Operating Officer |
|
M.O.Tosin Oni |
Chief
Business Development Officer |
|
Damain Udeh |
Manager
Legal/Regulatory |
MTN
|
Mr. Goodluck Akinwale |
General
Manager, Commercial Legal |
|
Ms Oyeronke
Oyetunde |
Manager,
Regulatory Affairs |
Introductions were made and
the Chairman made some opening remarks after which a summary of the
Complaint was read to the hearing of the Parties.
RECORD OF PROCEEDINGS
ICN`S SUBMISSIONS
ICN presented its case to
the Commission by way of written submission received by the Commission
and marked as Exhibit ICN 1.
In an oral presentation in
support of Exhibit ICN 1, ICN maintained that by virtue of the
conditions in its license and the provisions of the Nigerian
Communications Act 2003 (“the Act”) and the Telecommunications Networks
Interconnection Regulations 2003, ICN must interconnect with other
networks in order for it to carry on its business.
ICN contended that by S. 96
and 157 of the Act, it was a proper “Networks Facilities Provider” and
that other networks facilities providers therefore owed it an obligation
to interconnect with it on request. Eighteen (18) operators, including
one (1) Digital Mobile Licensee, were said to have interconnected with
ICN.
On its complaint against
MTN, ICN stated that not only has MTN failed (without reason) to
interconnect with them, they have also not been available to commence
interconnection negotiations. ICN referred to various annexures to
Exhibit ICN 1 to support its contention that it made a presentation to
MTN, informed MTN of its roll out from time to time and made a formal
request for interconnection to service MTEL pending when a response
would be received in respect of its general presentation to MTN.
Since no favourable response
was received from MTN, a complaint was made to NCC which advised ICN to
make another request to MTN for interconnection as a stand alone
operator. Annexures F, dated October 6, 2005 and G, dated October 25,
2005 to Exhibit ICN 1 were said to be the formal request and a reminder.
The above notwithstanding, MTN did not interconnect with ICN whereupon
NCC intervened vide letter dated January 20, 2006 directing MTN to
interconnect with ICN or face sanctions.
That MTN despite several
other letters from ICN to MTN and a meeting between the Executive
Chairman of ICN and the Chairman of MTN, MTN has still not
interconnected with ICN.
Concluding its presentation,
ICN reiterated its position as follows:
 |
ICN was a
network facilities provider as contemplated by law.
|
 |
MTN has
an obligation by law to negotiate interconnection with ICN
|
 |
The right
of ICN to be interconnected cannot be sacrificed on the altar of
the rights and obligations of MTEL.
|
 |
ICN
demands interconnection with MTN subject to agreed terms and
conditions, and appeals for the protection of its rights to
interconnection.
|
 |
MTN
should continue to contribute to the growth of the
telecommunications sector without rendering the functions of NCC
nugatory.
|
MTN`S SUBMISSIONS
MTN made a power point/oral
presentation of its case. They informed the panel that a written
presentation (to be admitted as Exhibit MTN 1) would be forwarded after
the hearing. The Commission confirms receipt of the written submission
 |
MTN submitted its obligation
to interconnect is mandated with public switched
networks/operators only.
|
 |
By virtue of the terms and
conditions of Interconnect Exchange License (a License issued to ICN), Interconnect Exchange Licensees (IEL):
|
|
1. |
|
Lacks the
requisite right to demand the interconnect of its network with
that of any other operator;
|
|
2. |
|
is only
obliged to interconnect with requesting operators; and
|
|
3. |
|
Lacks the
requisite locus standi to require a mandated interconnection
with non-requesting operators.
|
 |
MTN has
opted therefore to exercise its lawful right to decline
interconnecting
with Interconnect Exchange
Licensee.
|
 |
In the event
that any operator other than MTN requires interconnection to MTN
through the services of Interconnect Exchange Licensees, such an operator is free to do so.
By virtue of the requesting operator's right to interconnect its
network with MTN, it may then request that MTN interconnect with
the requesting operator's network via ICN as its agent subject
to compliance with necessary due diligence.
|
| |
MTN then
gave a overview of the following:
|
|
a.. |
|
|
MTN`s Mandated
Obligation to Interconnect is contained in Condition 16 of its Digital
Mobile License (DML). According to MTN the essence of the mandated
obligation to interconnect was primarily to ensure that the
subscribers/end user of any two public operators can communicate with
each other.
|
|
b.. |
|
|
MTN drew the attention of
the Panel to the Interconnect Exchange License Terms which specifies the
scope of operations as contained in condition 22 that the core
interconnect operations to transmit traffic should be at the instance of
Telecommunications Service Providers only. MTN further drew attention to
license limitations clause contained in Condition 33 of the Interconnect
Exchange License which restricts them from rendering Public Switched
Telephone Network Services.
According to MTN, the
primary import of the above is that Interconnect Exchange license
holders are of a class of telecommunications operators that is separate
and distinct from those we would classify as public operators. Therefore
it cannot be assumed that the rights applicable to public operators
would automatically be applicable to Interconnect Exchange Licensees
|
| |
i. |
|
ICN`s
rights with respect to interconnection (if any). This was classified
into:
|
| |
|
(a) |
Network Services and
Facilities Provider wherein the provision of Section 96 of the
NCA, 2003 and the definition of a “Network Service Provider” as
contained in Section 157 of the NCA, 2003 was mentioned.
According to MTN the above
definitions are so wide and all encompassing in import as to include all
kinds of operators, users, proprietors, landlords of telecommunications
premises, infrastructure such as property owners, etc;
Thus for the purpose of
creating a level laying field and fairness, could it be argued that
interconnection should be mandated on the premise of this provision with
above mentioned categories of users in order to accommodate a mandated
obligation to interconnect with interconnect Exchanges?
|
| |
|
(b) |
Right to demand
Interconnect:
MTN submitted that unlike
the DML or fixed telephony licenses issued by the Commission, the
Interconnect Exchange license contains no provision giving it a right to
demand mandatory interconnection with a carrier or a DML licensee and
that by virtue of its license an interconnect Exchange licensee is not
mandated to connect or keep connected its exchange with the network of a
public operator.
Instead, an Interconnect Exchange is mandated to interconnect with an
operator only when it is requested by that operator to interconnect its
telecommunications system with the requesting operator’s network.
MTN stated that within the
purview of the Interconnect Exchange license, the only interconnection
that can and should take place is between the requesting operator’s
network and the Interconnect Exchange system and that the transacted
interconnection cannot extend to the network of a third party –
Condition 15 of the Interconnect Exchange License was cited.
Thus if the licensee does
not receive a request for interconnection from another licensed
operator, there is no obligation to interconnect
MTN submitted that the above reflects the applicability of generality
rights under the NCA 2003, the interconnect regulations and interconnect
guidelines as regards Interconnect Exchanges
|
| |
|
(c) |
Scope of Interconnection
Regulations & Guidelines; MTN is of the view that for the purposes of
the Telecommunications Networks Interconnection Regulations and
Guidelines on Interconnection of Telecommunications Networks issued by
the NCC in 2003, the mandatory obligation to interconnect arises only
with respect to “telecommunications operators defined as “providers of
telecommunications services duly licensed to manage and operate a public
telecommunications network”.
In the light of the confines
of a license that expressly forbids the provision by Interconnect
Exchanges of Public telecommunications services, the said regulations
and guidelines clearly, exclude any application to Interconnect
Exchanges.
MTN further contended that
NCC in furtherance of its powers to issue regulations and guidelines,
duly issued regulations and guidelines to provide some guidance as to
how the provisions of sections 96 to 99 of the NCA 2003 are to be
interpreted.
|
| |
|
(d) |
Core Activity v Mode of
Execution - MTN stated that the provision of public
telecommunication services is the primary service rendered and is the
core licensed activity of telecommunications operators as defined above.
Interconnection is mandated for all such telecommunications operators
and they should and ought to be given the choice as to the manner in
which such interconnection is effected. Interconnection Exchanges are
only one of such options available and serve as one of several means to
an end.
To mandate interconnection
with interconnect Exchanges and in particular ICN, would amount to
obligating the use of a particular means/mode of interconnection, and
subsume and erode the choices available to operators based on which
7(seven) Interconnect Exchanges were duly licensed.
To mandate interconnection
with one of such choices would be to mandate interconnection with all
and this would violate the essence of the significant Interconnect
Exchange License provision with respect to requesting operators. This
runs against the principle of laisse-faire, a liberalized market,
fundamental freedom of choice and would be anti-competitive
|
In conclusion MTN posited
that:
|
a. |
They will rely on all issues
raised in their submission and in addition
|
|
b. |
In MTN `s business
evaluation, the current efficiencies far outweigh the additional expense
in value, time and resources that outsourcing with an Interconnect
Exchange would incur.
|
|
c. |
The Nigerian environment
should follow International trends and should be an issue for commercial
consideration and evaluation on a one - on- one basis
|
|
d.
|
All duly licensed operators
that have approached MTN have been duly accommodated on the MTN
network subject to certain prerequisites such as legal and technical
documentations
|
|
e. |
With reference to the issue
of indebtedness, Interconnect Exchanges do not hold the panacea and
should not be so promoted
|
|
f. |
The duplication of mandating
direct interconnection by indirect means should not be promoted as it
increases the cost of bringing telecommunications services to the public
|
Consequently, MTN maintained
that whereas it will give due consideration to the request by public
operators who wish to employ the services of interconnect exchanges, it
reserved the right and discretion for itself to determine the vehicle
and mode of interconnection and should therefore not be forced or
mandated to outsource its interconnection function.
The Panelist asked the
following questions:
END OF THE HEARING
The Chairman thanked all the
parties for attending the hearing and promised that the Commission would
consider all the presentations objectively and resolve the matter in the
best interest of the industry.
IDENTIFICATION OF ISSUES
Towards the just
determination of all issues canvassed by the Parties in support of their
position, the Panel has considered the submissions of Parties. Based on
the review of presentations at the hearing, the following issues have
been formulated for determination:
|
1.
|
Whether by the provisions of
the Act and subsidiary legislations, an Interconnect Exchange
Licensee is a proper licensee of the Commission that is owed an
obligation to be interconnected by network services and
facilities providers. |
|
2. |
If Issue 1 is
answered in the affirmative, whether the Commission can by
virtue of the obligation, and upon consideration of the principles governing
interconnection, order MTN to interconnect with ICN and whether an
order compelling MTN to interconnect ICN will not by extension also
apply to the six (6) other Interconnect Exchange Licensees
|
|
3. |
Whether MTN `s refusal to
interconnect with ICN or any other Interconnect
Exchange Licensees would contravene the basis for which seven (7)
Interconnect Exchanges were licensed by the Commission.
|
|
4. |
Whether MTN`s connection to
an Interconnect Exchange Licensee would amount to outsourcing
for which MTN would be required to pay the Interconnect Exchange
Licensee for its services.
|
FINDINGS ON ISSUE ONE
 |
It is worthy of note that
both parties in their submissions linked to this issue relied on
the provisions of Sections 96 and 157 of the Nigerian
Communications Act 2003 dealing respectively with the obligation
to interconnect and definitions of terms.
|
 |
Both parties agreed that
going by the strict interpretation of the above provisions, ICN is proper licensee of the Commission to be
interconnected.
|
 |
Whereas ICN stood on the strict interpretation of the law, MTN contended
that the strict interpretation was bound to work a mischief and that the
conditions attached to various licenses were introduced to limit the
scope of the provisions of the law.
|
 |
Contrary to the submission
made on behalf of MTN that MTN is only mandated to interconnect
with Public Switch Telephone Networks/ Operators, the Commission
finds no such provision in any law, regulation or license in
Nigeria
|
 |
The submission of MTN also
appears to confuse a facilities provider with a network
facilities provider in its interpretation of Section 96 of the
Act. While indeed a facilities provider would include any
provider of facilities (including landlords as contended by
MTN), a network facilities provider particularly as defined in
Section 157 of the Act would include licensed operators and
owners of network elements(s) used
principally for or in connection with the provision of telecommunication
services (excluding customer equipments.)
|
 |
The Commission therefore
does not find any ambiguity or mischief in a strict interpretation of
Section 96 of the Act, which mandates all Network Service Providers and
all Facilities Service Providers and all other Network Facilities
Service Providers to interconnect with all other Network Service
Providers and all other Network Facilities Service Providers.
|
 |
In the considered opinion of
the Commission, Condition 16 of the license granted to MTN does
not exclude ICN from the persons who are to be
interconnected. The view of MTN that the term “licensee” should only
mean other Digital Mobile Licensees cannot be supported, indeed MTN is
presently interconnected to various other Operators now. Whereas the
license does not define the term, the Act expressly defines “licensee”
as “a person who holds an individual license or undertakes activities
which are subject to a class license granted under the Act” – thus
including ICN in the definition of “licensee”.
|
 |
Moreover, even if there is a
seeming conflict between any License Condition, Regulation or
Guideline and Section 96 of the Act on the matter of
interconnection obligation, it is trite that the express
provisions of the Act must take precedence over provisions of
either the license condition, regulation or guideline.
|
 |
Consequent upon the above,
the Commission finds that ICN is a proper
licensee of the Commission which is owed an obligation to be
interconnected by network services and facilities providers.
|
FINDINGS ON ISSUES TWO
 |
The law confers a right and
obligation to interconnect on licensees of the Commission.
|
 |
The obligation is not
sacrosanct as Regulation 1 (2) of the Telecommunications
Networks Interconnection Regulations (the Regulation) 2003
empowers the Commission notwithstanding that there is an
established obligation to interconnect, to agree to limit the
obligation to interconnect.
|
 |
The power to limit
obligation is subject to the reasonable discretion of the
Commission where among others, the license issued to an operator
does not authorize the services for which interconnection is
requested.
|
 |
By the nature of the service
of Interconnect Exchange Licensees, they are entitled to
Interconnection. Therefore, the Commission’s finding is that it cannot
limit an obligation to interconnect the Interconnect Exchange Licensees.
|
 |
Having held that
Interconnect Exchange Licensees cannot be exempted from
Interconnection, where there is a failure to discharge the
obligation to interconnect, power has been conferred on the
Commission under Regulation 5 (5) of the Regulations to compel
parties to commence negotiations on interconnection agreement on
a date prescribed by the Commission.
|
 |
Where however the conditions
cannot be agreed upon, and notwithstanding that the determination of
interconnection terms and conditions is primarily the responsibility of
parties, the Commission may intervene to impose conditions under
Regulation 13 (2) (a), (4) and (5) of the Regulations.
|
 |
There are ample records
indicating that MTN has failed to discharge the obligation to
interconnect with ICN preferring in the alternative to
continue direct interconnection links both with its existing
interconnect partners and other operators requiring interconnection.
|
 |
By law, the failure of MTN
to discharge this obligation can be visited with an order compelling the
commencement of interconnection negotiations
|
FINDINGS ON ISSUES THREE
In regulating the
telecommunications industry, the NCA, 2003 confers on the Commission
powers to license various operators under Sections 31 and 32.
In exercise of such powers,
the Commission as at now has licensed seven (7) Interconnect Exchange
Licensees.
The Commission is of the
view that licensing Interconnect Exchange Licensees with in built
Inter-Carrier Billing Clearing House will facilitate solutions to the
major problems being encountered by Network/Service Operators such as:
1. Inter-carrier Billing
2. Waiting time for
Interconnection Capacities
3. Quality of Service
4. Sharing of Network
Resources
Licensees of the Commission
by law have a right and obligation to interconnect.
Denial of interconnection to
the Interconnect Exchange Licensees would render nugatory the purpose
for which the Commission licensed this category of Licensees.
Under Regulation 5 (5) of
the Regulations, the Commission can compel parties to commence
negotiations on interconnection agreement on a date prescribed by the
Commission where there is a failure to discharge the obligation to
interconnect.
FINDINGS ON ISSUES FOUR
In page
8 paragraph iii of the submissions made by MTN, it canvases the right to
make its own business decisions based on its evaluation with its right
to decide whether or not to outsource a particular aspect of its
operations.
It
appears that MTN assumes that its obligation to interconnect with an
Interconnect Exchange Licensee means it’s interconnect operations would
be automatically outsourced to the Interconnect Exchange Licensee a
cost.
The
assumption is incorrect and must be clarified by the Commission.
Interconnection traffic/connection may either be unidirectional or
bi-directional and any operator may request interconnection in order to
pass traffic in one direction or the other or in both directions as
illustrated in the diagram below:
OPTION
A
REQUESTING
OPERATOR ----------> IEL -----------> REQUESTED OPERATOR
OPTION
B
REQUESTING
OPERATOR ----------> IEL -----------> REQUESTED OPERATOR
OPTION
C
REQUESTING
OPERATOR --------> IEL ----------> REQUESTED OPERATOR
The requesting operator may
choose any of the above options on its own or jointly with the requested
operator. If it makes the choice on its own it would have to bear the
cost. The reason for making such a choice and its willingness to pay for
it may be in order to require any of the following services or
facilities of an Interconnect Exchange Licensee:
1. Switching facilities
2. Interconnect Billing
facilities
3. CDR production
4. Reconciliation
services
5. Physical/technical
interconnection services
A requested operator may
still maintain a direct connection with the requesting operator if
neither of them is willing to pay for the cost of passing traffic from
the requested operator to the requesting operator.
The Commission therefore
holds that, interconnecting with an Interconnect Exchange Licensee does
not amount to outsourcing by MTN such that it would be required to pay
the Interconnect Exchange Licensee for its services.
DECISIONS
Having carefully considered
the relevant facts of this matter based on the submissions by both
parties, and in line with the provisions of Section 73 and 96 of the
NCA, 2003, the Telecommunications Network Interconnection Regulations,
the Commission hereby makes the following decisions:
|
1.
|
The Commission finds that
MTN has failed to discharge its obligation to interconnect with ICN
by virtue of the provisions of Section 96 and 157 of the Act. Consequent
upon the powers conferred on the Commission under Regulation 5(5) of the
Regulations, Parties are hereby directed to commence negotiations on
interconnection agreement on or before May 15, 2006
|
|
2. |
The Commission may intervene
to impose conditions under Regulation 13 (2) (a), (4) and (5) of
the Regulations where the Parties cannot agree upon the
conditions for the Interconnect Agreement.
|
Dated this
9TH Day of May, 2006.
BY ORDER
NIGERIAN COMMUNICATIONS
COMMISSION
|
|
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By Everest Amaefule, Abuja
Published: Wednesday, 2 Aug 2006
The Nigerian Telecommunications Limited will soon begin a massive disconnection of Private Telecommunications Operators and prepaid
operators over interconnect debts estimated at over N5billion owed by the operators.
NITEL, which has been battling to settle arrears of salaries owed to its workers, issued the final notice of demand for payment on the
13 PTOs and 42 prepaid card operators indebted to it last week.
The Ministry of Labour, the management of NITEL, officials of the Bureau of Public Enterprises, the Ministry of Finance as well as
labour leaders also met on Monday over the severance package of those to be affected by the rationalisation of staff preparatory to
the take over of the first national carrier by private investors.
NITEL’s management also on Monday decided to yield to the pressure by trade unions in the company to publish the names of the debtors
in national newspapers.
PTOs, which may be disconnected by NITEL include Cell Communications Limited, MTS First Wireless, Reliance Telecommunications Nigeria
Limited and Startech Connection Limited.
Others are Intercellular Nigeria Limited, Mobitel Nigeria Limited, Disc Communications Limited, Independent Telephone Network and
Monarch Communications Limited.
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By Everest Amaefule, and Jonah Iboma
Published: Monday, 7 Aug 2006
Following the regulatory intervention by the Nigerian Communications Commission, MTN Nigeria has joined the list of firms using
interconnect exchanges.
MTN’s External Relations Manager, Mr. Andrew Okeleke, told our correspondents on Friday that his firm and Interconnect Clearinghouse
Nigeria Limited had formally been interconnected as a result of the intervention by the telecommunications regulatory body.
ICN is one of the companies licensed by the NCC to provide interconnect services to operators to minimise interconnect dispute among
them.
At the inauguration of the policy, the Executive Vice Chairman of the NCC, Mr. Ernest Ndukwe, said that the use of the exchanges was
not necessary for any operator to help bring an end to the frequent dispute over interconnect debts. According to him, the NCC
expects that once an operator goes to an interconnect exchange service provider, others will meet it there.
Even though interconnect exchanges had been licensed for over two years now, operators, especially GSM, networks have generally
avoided using them.
But the failure of telecommunications firms to fully use independent interconnect facilities was recently felt during the strike
embarked upon by staff of the Nigerian Telecommunications Limited as there were a lot of interconnect hiccups during the period due
to the location of interconnection points in NITEL premises.
Besides ICN, other interconnect exchanges licensed by NCC include Integrated Wireless Technologies Nigeria Limited, Exchange Telecom
Limited, Telexchange Services Limited, Medallion Communications Limited and Niconnx Communications Limited.
Before now, with several firms operating in the country, each was involved in signing interconnect agreements with the other. This led
to some problems and, in some instances, some bigger operators rejected interconnection with smaller ones.
The situation forced Glo Mobile to unilaterally disconnect some PTOs for which it was fined by the NCC.
With the MTN’s decision, Nigerian telecommunications industry is set to experience a major boost since MTN is responsible for a
majority of traffic in the telecoms sector.
This is expected to translate to greater tasks for clearing houses as other operators would be expected to interconnect with MTN at
the interconnect exchanges.
MTN had been locked in an interconnect dispute with ICN following the refusal of the digital mobile operator to link with ICN.
While bringing complaints against MTN, ICN stated that not only had MTN failed without reason to interconnect with it, but that it
also refused to commence interconnection negotiations with it.
| Back to Top |

afrol News
It is estimated that African telecom operators are cheated for revenues totalling more than US$ 1 billion from their northern
counterparts, who are not properly billed when international calls are made to Africa. These losses are a major reason behind the
stiff pricing of international calls for Africans. The lack of up-to-date billing systems between telecoms is held responsible.
Charges to carriers for using the networks of others - also known as interconnect - is a challenge for many African operators.
Complete interconnection between networks is crucial in a competitive environment, but this is easier said than done. The problem is
twofold: firstly a regulatory issue - usually about the level of interconnect costs - and secondly a practical issue of installing
equipment for allowing interconnect and billing for this traffic.
Billing is the heart of every successful telecoms company, the glue that holds the business model together and finances future
investment. In an age of steady deregulation and increasing foreign investment, one form of settlement payment - known within the
industry as interconnect billing - plays a critical role in generating revenue streams. This is the process whereby one operator
charges another for using its network to support a call.
The concept of interconnection has been around since the 1920s but it is only recently that telecommunications companies have become
able to accurately invoice each other as a result of advanced billing software and comprehensive interconnect agreements.
In the Western World, interconnect billing has become the first or second source of income for most telecommunications players. For
major incumbent operators, this adds up to hundreds of millions of dollars worth of revenue each year.
In Africa, the concept of interconnect billing is still relatively new for most operators, but the opportunity to make money through
this method of payment are too great to ignore. So are the losses. For example, it is estimated that first world telecommunications
operators are consistently underpaying their African counterparts by up to a third of the annual US$ 4 billion in fees for
international calls as many African operators have no means of checking the invoicing.
Since most international calls are too expensive for Africans to make, there is a net number of incoming calls from various parts of the world to the continent and this brings in a fair amount of money. Unfortunately, African telecoms operators have little proof to ensure their invoicing of foreign telecommunications operators are accurate or even the means to prove that the calls crossed their lines. If these invoicing issues could be sorted out, African operators could easily receive another US$ 1 billion annually in revenue.
Effective interconnect settlement is not only about dealing with international partners but with local operators as well. As the
markets become more liberalised, incumbent operators are faced with new competition within their own borders - especially with the
increase of GSM players.
Without the right billing equipment, calls can not be accurately billed for across the network. Nor can interconnect partnerships be
established without effective interconnect agreements in place. The result is poor services and increasingly frustrated customers.
Consequently, not a week goes by without some African interconnect issue being in the news.
Operators in countries such as Nigeria, for example, are consistently facing major interconnection issues since the launch of rival
GSM services. Part of the problem is the cost of the actual interconnection charges, which has a profound effect on the development
of wholesale or retail markets in Nigeria, as well as on decisions to invest in infrastructure.
In the past companies such as Nigeria's national telecom operator NITEL have argued that their GSM tariff of naira 21 per minute can
barely support the prevailing interconnect tariff of naira 18. Furthermore, most companies do not have the network technology to
ensure that their future inter-carrier partners are not going to overcharge for their services.
Nigeria's Communications Commission (NCC) - the country's telecoms watchdog - has met regularly with operators to smooth out this
issue as well as other interconnection disputes between NITEL, the National carrier and GSM operators. The NCC warned operators that
60 days after physical interconnection, an agreement would have be executed by the parties to the interconnect partner. Otherwise,
the NCC would step in to enforce the new policy.
NCC's pressure has yielded some results, with companies such as MTN Nigeria signing an interconnect agreement with the second national
operator and fourth GSM operator, Globacom last year. But there is clearly still more work to be done. Services are still poor,
particularly between mobile operators who have not ratified partnership agreements.
As a result the NCC is considering the possibility of imposing sanctions on any major operator whose quality of service falls below
its published minimum grade of service thresholds. For their part, operators have pledged to take urgent steps to improve service
delivery and consider the option of per-second billing.
But improvements have not taken place soon enough for the disgruntled Nigerian population, who in the past have even resorted to
nationwide boycotts of mobile services. In one recent incident, millions of customers switched off their phone en masse in the hope
of forcing operators to lower tariffs and raise standards.
The issue of lower customer tariffs and successful call transfers between networks brings us back to the issue of interconnect billing
systems. Flexible interconnect software is designed to help operators evaluate a call and its network details from beginning to end
to prevent any form of settlement errors from occurring, such as overpaying operators for network usage and not accurately charging
partners for its own services.
Money earned from effective billing practices agreements can be redirected to new product launches and competitive pricing for new
services- essential business strategies for keeping ahead of competition.
As a marketing tool, interconnect billing systems are also extremely useful to operators as they can provide online reporting
capabilities to give companies the possibility to analyse and forecast usage for products and services, such as directory enquiries
and toll free numbers. This helps to understand trends in the marketplace and to determine what types of new services could
potentially increase the company's revenues even further.
Investment for interconnect systems are gaining momentum, with countries as diverse as Senegal, Egypt and South Africa installing new
equipment. Best of all, there is fast return on these investments (ROI). It is estimated that installing a flexible interconnect
platform can allow companies to increase their revenue stream by 30 percent- money that African operators can reinvest into their
infrastructure.
The good news is that now is the time for telecoms players to buy their software. Billing vendors have had to slash their prices in a
bid to win customers as a result of a slowdown in the telecoms sector.
According to the industry association Telemanagement Forum, today's prices have fallen so much that OSS vendors are even losing money
just to win business. Margins have been cut slim, and some vendors are selling at below cost. Ten years ago, carriers were spending
anything up to US$ 20 million on massive systems, but now prices around US$ 1 million, and even below that, are common.
Africa's booming telecom market
Interconnect systems are becoming crucial for Africa's telecoms markets, which are growing at a remarkable pace, especially in the area of wireless communications. A recent survey by the International Telecommunications Union (ITU) has found that Africa has become the first continent to have more mobile users than fixed line customers.
At the end of 2003, there were more than 52 million mobile subscribers in the continent, 13 million of which were added during that
year, compared to around 24 million landline customers. The report also revealed that the continent’s mobile phone usage has
increased at an annual rate of 65 percent; double the global average.
Managing this level of growth - and the intercarrier partnerships that go with it - will be a challenge, but with the right billing
systems in place there is no reason why Africa's telecoms operators cannot enjoy a future of incredible financial growth and
prosperity. All it takes is a little bit of an investment up front and, of course, the right legislation.
Christian Ciupek is the regional Director in Africa for Intec Telecom Systems, a leading South Africa-based billing software provider.
By Christian Ciupek
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AAs mounting debts threatened to eliminate many telecom players from Nigeria’s boisterous telecom sector, some operators are
canvassing for the establishment of a debt management bureau.
Part of the task of the bureau would be to help telcos reconcile interconnect bill in dispute. Over 15 billion (about $125 million)
interconnect debts hang over Nigeria’s motley crowd of telcos.
Close to 60% of these debts are in dispute with some telcos alleging inflation of the figures. They are blaming competitors’ faulty
billing machines [Related Story: Haunted by Debts in IT Edge print edition June 2005].
Incumbent carrier Nitel which was asked to declare bankruptcy last year by Vmobile for failing to pay interconnect debt owed it
(Vmobile), has published a list of over 30 companies allegedly owing it to the tune of over N8 billion (about $73 million).
The carrier said its inability to pay its own debts is a result of the billions owed it. More than half of the operators on Nitel’s
list have since gone under raising questions over Nitel’s ability to ever pay up its debts.
The Nigerian Communications Commission (NCC) which had expressed concern over the debt ‘miasma’ and its potential to erase confidence
in the sector had met with operators privately in Lagos some days back.
At the meeting, operators mooted the idea of a bureau to assist operators in a mutual settlement of debts and differences.
Nigeria’s interconnect debts is often blamed on the sharp difference in breakage between mobile operators and other operators such as
landline network owners and fixed wireless operators.
“The NCC has succeeded in making us employees of GSM operators and all we do
is work for them,” one fixed wireless operator complained bitterly in Lagos during phone interview with IT Edge in late June. “A
situation whereby GSM companies are better favoured than the fixed and wireless operators will continue to lead to interconnectivity
debt, or breakage,” he added. Breakage is the telecom parlance for the situation when a telco fails to pay its outstanding debts for
calls carried by other telecom providers.
In practice, the revenue sharing ratio between mobile and fixed network is 14/6 and 12/8 depending on which network is termination or
originating the call. Fixed and landline operators are asking that parity be introduced with growing argument that all network face
equal challenges.
Beside with the call mix indicating that more than 60% of calls on mobile networks are intra-network calls, non-mobile operators are
asking that the regulator remove the cushion that tilts interconnect revenue sharing regime in favour of mobile operators.
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In continuation of its plans of easing bottleneck often associated with interconnectivity among telecomm operators, Interconnect Clearinghouse Nigeria
Limited (ICNL) has added MTN to its services.
Speaking at the ceremony marking the signing of the Memorandum of Understanding (MoU) between the two outfits, Admiral Alison Madueke, ICNL Chairman,
stated that with the coming on stream of clearing house system in the sub-sector, the era of subscribers having poor services would soon be over.
He said: " With the type of technology adopted by ICNL and with the high level of manpower and technical competence, MTN Nigeria should be rest assured
that ICNL will add value and quality to their network".
Madueke added that the licensing by Nigerian Communications Commission (NCC) of interconnect exchanges would make MTN one of the focus in providing
quality service to its direct subscribers, since ICNL exchanges are to handle their transit calls.
The chairman said his firm would "make full use of interconnect exchanges to fulfil its obligations to telecom operators in Nigeria, who desire to make
full use of the clearinghouses".
In his remarks, Ahmad Farouk, the chief executive officer for MTN, said his company has continued to make its services available and affordable in all
parts of the country in line with the government policy of even spread of GSM and its value-added products.
With the signing of the agreement, ICNL has entered into business understanding with a number of the operators including, NITEL.
It had earlier signed interconnect agreements with other Private Telecommunications Operators (PTOs) in Lagos including Multilinks, Starcomms,
Intercellular, MTS 1st Wireless, 21st Century, VGC communications, Reltel, CellCom, ITN, GTE, Topcom, Peace Global, Webcom, Imperial Telecoms and
Allied Bond. Oduatel in Ibadan and Rainbownet in Enugu, two PTOs outside Lagos, have also signed on with ICNL.
Also included among the major GSM services operators to have partnered with the clearinghouse system are Mtel and Globacom.
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