Good news coming from the Communications sector as the Nigerian Communications Commission (NCC) finally publishes a draft copy of the Quality of Service (QoS) Regulations. The QoS regulations will establish the quality of service standards and or parameters and associated measurement, reporting and record keeping tasks imposed on categories of Communications licensees pursuant to Section 104 of the Nigerian Communications Act 2003 (NCA). QoS according to the International Communications Union (ITU) is the “collective effect of service performance which determine the degree of satisfaction of a user of the service”. In other words the QoS will provide an indication of what customers experience when using a particular network or service. The QoS parameters, (also known as QoS metrics, QoS indicators, QoS measures or QoS determinants) are used to characterize the quality level of a certain aspect of a service being offered and ultimately the customer satisfaction. These QoS parameters primarily relate to services and service features and not to the technology used to provide the services. For mobile telephony services, typical examples of parameters reportable are; call set-up time; blocked call ratio; billing accuracy and dropped call ratio. Most parameters are in principle applicable to service provided via telecommunications networks however others are only applicable to specific services depending on the technical aspects of the provision of those services, e.g. broad band internet. It is important to note that these parameters are end-user/customer orientated in that they can be personally perceived by the customers themselves.
Licensees under the Communications Act 2003 are required under the regulations to report, measure (these parameters in accordance with the defined measurement method) and submit the measurements to NCC for publication within the stated period. Only two services are subject to reporting in accordance with the reporting parameters under these regulations. They are; Wireline Services (fixed wireline telephone services for end users) and Wireless Service (which are mobile/wireless telephone services for end users and mobile internet/data services. The targets or key performance indicators (KPIs) have been defined by the regulations as the “a value that is reached by a given parameter where the relevant service identified in these regulations…. In other words, the KPIs are the range of values to be obtained for a particular service to be regarded as satisfactory.
The reporting period when Communications licensees are required to perform QoS measurements, reporting and record keeping is every month starting from the 1st day of a calendar month to the last day or as NCC may determine while the geographical areas for which QoS measurements are to be reported and recorded by are thirty-eight (38) in all. They are; a specific geographical area (1), the various states of the federation (36) and the Federal Capital Territory (1) which are to be taken separately unless the prior written approval of NCC is obtained for two or more reporting geographic areas to be combined into one reporting area. The measurements taken and reported are to be submitted to NCC with one week after the end of the reporting period. Where so directed by NCC, Communications licensees will publish the measurements within one month after the end of the reporting period. Communications licensees are also required to retain the QoS data including all measurements and related records for a minimum of twelve months after the end of the reporting period.
It is important to note that these regulations impose on Communications licensees the obligations to resolve a consumer complaint within the time stated. Where this obligation is not met, then the consumer has a right to be compensated and NCC may impose a fine on the offending Communications licensee. A Communications licensee will also be sanctioned where the rate of occurrence of a particular complaint exceeds the maximum number allowed under the regulations.
NCC may decide to publish all or part of the QoS measurements received from Communications licensees and such publishing must be done within two (2) months after the end of the relevant reporting period. The regulations also empower NCC to investigate some or all the QoS data received or retained by Communications licensees.
It is an offence under the regulations where a Communications licensee; fails to perform QoS measurement and record keeping, fails to attain the target set for a parameter and the service, fails to submit the QoS data within the time specified, submits or publishes false or misleading information about the QoS measurements and obstructs or prevents an investigation or collection of QoS information by NCC. The regulations empower NCC to take one or more of the following enforcement measures against communications licensees who commits any of these offences. These enforcement measures are; requiring that the licensee submit and publish additional information about its QoS measurements including (but not limited to) implementing a remedial action plan to improve its QoS KPIs, issuing directions pursuant to its power under S. 53 of the NCA including but not limited to effect that consumers been compensated for its QoS, imposing fines on licensees in accordance with the regulations.
With the break neck competitions currently experienced in the Communications sector, it may seem fair to argue that QoS is the resultant effect of the ongoing tariff wars between incumbent licensees, but then cheaper tariffs should never be sacrificed at the expense of poor QoS and in the same breath Communications services should be affordable by all. The QoS standards are indeed coming at a time when the QoS levels and Network Performance are both at its lowest. These standards will serve as a consumer protection measure on one hand, by enabling the average customer to make informed choices about the quality and price of a particular mobile telephone service and on the other hand, improve competition by ensuring that measurements accurately reported and published will discourage mobile network operators from service quality that falls short of the benchmarks, what remains to be seen is how far NCC is willing to ensure that licensees abide by the strict letters of these regulations.
