Telcos want age limit for SIM card purchase set at 15

Telecoms companies have asked the government to review the age limit for subscribers to buy SIM cards and other communications services in Nigeria from 18 to 15 years, Technology Times has learnt.

While Nigerian laws place no limit on usage of phones and other communications services, people below the age of 18, considered as minors, are not permitted to purchase SIM cards and other telecoms services.

But telcos including MTN Nigeria, Airtel, and Smile Communications think it is time for the telecoms industry regulator to consider a review of the age limit placed by the Registration of Telephone Subscribers Regulations and allied rules being reviewed by the Nigerian Communications Commission (NCC).

Technology Times file photo shows customers inside a phone and accessories retail shop at Ikeja Computer Village in Lagos.

Age Limit for SIM Card: Need for Review

The telcos’ call for the age review is one of the highlights of the report of the outcome of a virtual public held by NCC with stakeholders to get feedback on the review of the Registration of Telephone Subscribers Regulations (As Amended) and Business Rules & Operational Processes for Implementation of The National Policy for SIM Activation.

At the event, “Smile recommended that the age limit for procuring communication services should be expanded to permit ages 15 years and above”, with the operator citing that in the alternative NCC may provide a standard process for SIM Registration of minors, that is persons under 18 years, in the Business Rules.

Fellow operators, Airtel and MTN, who support Smile’s position on the age limit review “also offered similar comments in this regard”, the public inquiry report says.

However, the telcos’ call for age limit review, which if granted would have permitted people of age 15 and above to come within the bracket of those allowed by subscriber laws to be qualified to buy SIM cards and some other communications services, did not meet NCC’s approval.

In rejecting the call, NCC says that “Smile and the other operators are invited to appreciate the different thematic basis for setting the age limitations by the Labour Act and the NIMC Act. Registration of SIM has a peculiar contractual implication. The Comment is not accepted.”

Engineer Aliyu Abubakar Aziz , Director General /CEO of National Identity Management Commission (NIMC)

NIMC says “that the Regulation 9(6) of the draft Regulations which permits licensees to retain the biometrics of subscribers, does not take cognizance of the mandate of NIMC as the custodian of all biometrics of Nigerian citizens.”

NCC’s sister Commission, the National Identity Management Commission (NIMC), also queried the proposed amendment on data protection and confidentiality that pertains to the release of personal information of a phone subscriber as prescribed by the telecoms regulator’s regulation.

According to the NCC public inquiry report, at the event, NIMC says “that the Regulation 9(6) of the draft Regulations which permits licensees to retain the biometrics of subscribers, does not take cognizance of the mandate of NIMC as the custodian of all biometrics of Nigerian citizens.”

According to the wordings of the provisions disputed by the nation’s identity manager, NIMC, “Licensees may be permitted to retain the biometrics of subscribers. However, the Commission reserves the right to revoke this permission where there is a breach of the confidentiality and integrity of the biometric data and on such other grounds that the Commission may determine from time to time.”

In responding, NCC tells NIMC that, “the definition of biometrics, as far as the Regulations is concerned, includes the photographs of subscribers and the operators will require same to carry out their functions.”

On its part, mobile network operator, Airtel, which also supported the age review rather recommend a shift from 18 to 16 years.

“Airtel reiterated the comment it sent prior to the Public Inquiry to the effect that the Commission should review the age limit for SIM Registration from age 18 to 16, in view of the large demography of Nigerians within that age range”, according to the report.

Airtel’s stane was noted by NCC which promised to that the recommended age review from Airtel “will be considered during further review of the draft Regulations.”

NCC also says it accepted, and its further review of the rules will consider the position of VDT Communications Limited that “the proposed definition which extends the applicability of the Regulations to all communications service providers that utilise a subscription medium is commendable, as it seeks to remove grey areas and uncertainties as it were for communication service providers who utilize a subscription medium other than licensees who provide mobile telephone communication services.”

The Association of Telephone, Cable TV & Internet Subscribers of Nigeria, which was also at the event, says that Regulation 17 “is an attempt to limit the number of lines a subscriber may have. They therefore suggested that the subscribers be allowed to register as many SIMs as possible provided they are registered.”

The provision queried by the Association which pertains to “Number of Registrable Subscription Mediums” states that: “The number of subscription medium a subscriber can register will be in accordance with the provisions of the Business Rules and the benchmark will be reviewed by the Commission from time to time.”

NCC promises that the Association of Telephone, Cable TV & Internet Subscribers of Nigeria’s “comment is appreciated and will be taken into consideration whenever the Commission wishes to review this postulation.”

The telecoms regulator says that the Registration of Telephone Subscribers Regulations has “provided a regulatory framework for the registration of subscribers to communications services utilising subscription medium in Nigeria, as well as establish, control, administer and manage the central database.”

According to NCC, the review underway “is to comprehensively review its provisions to reflect current realities.”

On the other hand, The Business Rules “on its part is aimed at aligning existing Regulations, Guidelines, Directives and other regulatory stipulations with the revised National Identity Policy for SIM Card Registration”, NCC says.

Professor Umar Garba Danbatta, Executive Vice Chairman of NCC.

In his opening remarks, Professor Umar Garba Danbatta, Executive Vice Chairman of NCC, who chaired the Public Inquiry held virtually, says the event was consistent with the rulemaking process of the Commission and also in line with the Strategic Collaboration and Partnership Pillar of the 5 Point Agenda of the Commission.

According to him, the Inquiry was a testament to the commitment of NCC to keep up with the pace of the dynamic growth in the industry.

He enjoined participants to make their contributions freely and raise issues that will assist the Commission in developing and issuing a regulatory instrument that will continually contribute to the development of the industry and sustain its positive contributions to the Nation’s economy.

Mr Adeleke Adewolu, the Executive Commissioner, Stakeholder Management, also attended the Inquiry alongside Alhaji Abdulazeez Salman, a Board Commissioner and Chairman of the Board Committee on 2 Licensing and Chief Uche Onuwde, a Board Commissioner and Chairman of the Board Committee on Finance and Establishment.

The Virtual Public Inquiry was attended by 120 participants including Staff of NCC, and representatives of telecommunications companies, as well as other interested stakeholders. Submissions were received from Smile Communications Limited, Airtel Networks Limited, MTN Nigeria Communications Limited, Association of Telephone, Cable TV & Internet Subscribers of Nigeria and VDT Communications Limited, the telecoms regulator says.

Adewolu, the Executive Commissioner, Stakeholder Management of NCC says in his remarks that the Public Inquiry is an avenue that enables the Commission to develop and review its regulatory instruments by incorporating the comments and suggestions of industry stakeholders.