Tribunal places injunction on NCA fines

The Electronic Communications Tribunal adjudicating the dispute between four Mobile Network Operators (MNOs) and the National Communications Authority (NCA) over a GH¢34 million fine, today granted an injunction against NCA in executing the fine. In unanimously granting the stay of execution requested by the four operators – Airtel-Tigo, Glo, MTN and Vodafone -, the three member Tribunal believed it would enable the effective hearing of the substantive matter. “After carefully considering the evidence contained in the affidavit before this Tribunal, we have come to the conclusion that the stay of execution should be granted, and is hereby granted,” said Justice Date Baah, Chairman of the tribunal. With the injunction in place, the tribunal would now set a date for the hearing of the substantive case in which the four are praying the tribunal to quash the fines imposed on them by the NCA for an alleged poor quality service. The four operators are challenging the basis for the fines which were imposed in November last year, with a December 10, 2018 deadline for payment. Airtel-Tigo was fined GH¢11,635,000, Glo GH¢4,460,000, MTN GH¢9,080,000 and Vodafone GH¢8,890,000, but they have declined to pay because of their petition against the regulator’s action. But the NCA insists that the four network operators were sanctioned for their non-compliance with various Quality of Service (QoS) requirements. In a statement released in November last year, the NCA noted that it undertook a quality of service monitoring in the Greater Accra, Eastern, Western, Northern Regions and two districts in the Ashanti Region in the phase one of a nationwide monitoring exercise. This exercise, according to the NCA, enabled the Authority to determine the MNOs which were unable to meet their Licence Key Performance Indicators in some district capitals.

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Source: adrdaily.com | Ghana]]>