[2023]DLECT17699November 15, 2023Electronic Communication Tribunal

SCANCOM PLC (MTN) vs. THE NATIONAL COMMUNICATIONS AUTHORITY

RULING Facts: 1. The Appellant is before this Tribunal with two appeals which we have consolidated. 2. The first Appeal which was filed on the 18th of December, 2018 is against the results and subsequent sanctions imposed on the Appellant by the Respondent after as regulator it conducted Quality of Service (QoS) Tests in 2018. The Second Appeal filed on the 3rd of October, 2019, is against the results and subsequent sanctions imposed on the Appellant for the 2019 QoS tests. 3. The facts giving rise to these two appeals appear hereinafter below. 4. The National Communication authority (hereinafter referred to as "the Respondent") in what it says is the performance of its mandate in the protection of the interests of consumers, carried out a series of Quality of Service (QOS) monitoring drive tests in Five regions, namely, Greater Accra, Eastern Western Northern, and Ashanti at the District level in the first quarter of 2018 to assess the SCANCOM PLC (hereinafter referred to...