Telcos Fire Back at NCA, KelniGVG, Says Current Architecture Doesn’t Conform to Standards

CEO, Ghana Telecoms Chamber,  Ken Ashigbey

Accra, Ghana, June 5, 2018//-Ghana Chamber of Telecommunications, an industry association and a private initiative by the mobile network operators in Ghana has hit back at the National Communications Authority (NCA) and its KelniGVG, which implementing the common platform in the country.

According to the telcos, the current architecture from the NCA and KelniGVG does not conform to design standards.

The Chief Executive Officer of the Chamber, Kenneth Ashigbey said this in press release issued in Accra today.

“The architecture does not provide our customers the privacy of their communication that the constitution guarantees them”, he added.

The standoff

The current architecture seeks to connect beyond the equivalent point in the network where the network providers billing systems are connected. The monitoring mechanism has the capability to actively or passively record, monitor, or tap into the content of any incoming or outgoing electronic communications traffic such as voice.

The proposed connection point will risk exposing content of voice traffic. The voice transaction damp for the revenue assurance tool should be enough without risking individual customer privacy, the telcos argued.

“We are minded that the law does not talk about intent but capability, which the current architecture processes. As an industry we are committed to collaborate with the NCA and align on an architecture that will achieve its purpose and also remain compliant [and is acceptable by all stakeholders]”.

The mobile industry is fully persuaded that there is opportunity to continue to collaborate with the NCA/KelnliGVG to ensure that the Common Platform meets the legal requirement of the law; preserve the security of our networks as well as ensure the privacy of our customers whilst assuring government visibility of any revenues due it, Mr Ashigbey stressed.

Mr Ashigbey noted that monitoring activities by the government was established by law – the Communication Service Tax (CST) Amendment Act, 2013 (Act 864). This law was preceded by the Electronic Communication Amendment Act, 2009 (Act 786) which authorized the monitoring of international incoming calls.

 “This legal framework not only established the basis for monitoring activities but also prescribed certain design and connection standards for the monitoring system.

As a law-abiding industry, we only seek that the monitoring conducted through the common platform, should be done according to the very law that empowers the NCA and GRA to monitor us”, he maintained.

As an industry, which has been monitored for close to a decade, telcos according to him are not averse to monitoring, as they do not have anything to hide.

“We are of the firm belief that continued collaboration between our technical teams and that of the NCA can resolve the difficulties that currently exist”.

Indeed, we have as an industry, submitted alternative designs for consideration to the NCA and Ministry of Communications in good faith, for consideration, Mr Ashigbey stressed.

KelniGVG deal and matters arising

KelniGVG has a five-year contract worth US$89million to build, operate and transfer (BOT) government’s common monitoring platform for the telecom industry.

Under the contract, they are to offer four key services; real time domestic and international traffic monitoring, revenue assurance, mobile money monitoring and fraud management, which they have started.

They are to do so in close collaboration with staff of the NCA and Ghana Revenue Authority (GRA), on behalf of the Finance and Communications Ministries.

Privacy concerns

The company is yet to get connectivity with the telcos, who have raised concerns about customer privacy and data protection, saying that the architecture of the monitoring equipment indicate to them that Kelni GVG and government can spy on telco’s customers, which also violates the same CST law.

But the NCA and the Communications Ministry have said the monitoring equipment have no capability to spy on anyone, adding that telcos have also been asked to connect their probes on the monitoring equipment as an additional protection for customers’ privacy.

Value for money 

The deal has also been called out by civil society organization, IMANI Ghana as unnecessary and a waste of money.

But government has said there is value for money, in that two companies previously hired to offer two of the four services under this new contract, were paid a total of US$2.6million a month, but government is paying US$1.49 million a month for four services, plus training, fresh equipment every three years and the complete transfer of equipment at the end of the contract period.

Injunction 

The project, however face a threat of being stalled by an active court injunction, but government insists that will not affect the June 11 deadline for telcos to connect to KelniGVG because they, the telcos, are not party to the lawsuit.

Moreover, another civil society group, OccupyGhana and some individual Ghanaians are also threatening court action if their network providers connect to KelniGVG probes.

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