Regulator to block unregistered phone lines in 90 days

Thousands of mobile phone subscribers with unregistered SIM cards will be blocked from the telecoms’ networks in the next 90 days as the regulator moves to enforce new rules meant to clear the system of criminals.

The planned switch-off comes in the wake of the Communications Authority of Kenya’s (CA) publication of new regulations that are intended to complement the SIM card registration laws that were passed two years ago.

The Kenya Information and Communication Act, 2013 requires telecommunication operators to register their subscribers within a specified period and keep their details.

Non-compliance with the law is an offence punishable by a fine not exceeding Sh5 million.

The new regulations, which define the legal process for deactivation of SIM cards, came into effect mid last month – meaning subscribers with unregistered SIM cards have about 65 days before losing their lines.

Kenya’s leading telecoms operator Safaricom said it was in the process of verifying details of some SIM cards on its network through the Integrated Population Registration System before taking action. 

Safaricom has 23.3 million prepaid subscribers, according to the latest industry statistics for the year ended June 2015. The operator said more than 23 million of the total are fully registered, leaving 300,000 at risk of deactivation. 

“Under Safaricom’s current SIM registration process, no SIMs are pre-activated at the point of sale. All customers must provide the required registration documents and register before the SIM card is activated,” Stephen Chege, Safaricom director in charge of corporate affairs, said in a statement.

Telkom Kenya said all its subscribers were registered, while Airtel Kenya did not respond to our queries on the matter.

The regulations require telecoms operators to send a personal notice to unregistered subscribers warning them of the intended suspension of their lines.

Subsequent notices may be in the form of an advertisement in a newspaper of national circulation or an advertisement in an electronic medium that broadcast throughout the country.

SIM cards are ultimately deactivated when telecommunication services to the subscriber have been suspended for a period of 90 days.

The process also applies when the telecommunications operator or the authority establishes that a subscriber provided false information for registration.

Francis Wangusi, the CA director-general, said the regulations further define responsibilities and sanctions applicable where an operator has failed to act.

“The regulations provide for mandatory registration of SIM cards so as to facilitate other services such as e-commerce, mobile financial services, as the records of registration provide for a mechanism of verification,” Mr Wangusi said.

READ: Kenya, EA states to bar unregistered phone SIM cards

Safaricom said it has in the past two years established processes to ensure registration of subscribers, including awareness campaigns.

“Earlier this year we became the first mobile service provider to integrate our systems with the Integrated Population Registration System (IPS), which allows for real-time verification as we register SIM cards,” said Mr Chege.

Vincent Lobbry, the Telkom Kenya CEO, said the operator’s four million prepaid customers are all registered and that its agents are under strict instruction follow the SIM registration rules.

“Orange lines remain inactive until successful SIM registration has been done and with all necessary subscriber details given. In this inactive state, the lines cannot make or receive calls, send or receive SMS and are also unable to use data,” he said.

SIM card registration is aimed at enhancing security by making it possible to trace details of subscribers engaged in criminal activities such as hate speech, theft of mobile money, extortion or demand for ransom in kidnapping cases.

Failing to register a subscriber is an offence under Section 4(1)(3) of the Kenya Information and Communications (Registration of subscribers of telecommunication services) Act.

Anyone found using an unregistered SIM card is liable to a fine of Sh300,000 or serve six months in jail.

A person found to have given false information to the operators while registering the SIM cards is liable to a Sh100,000 fine or a six-month jail term.

Besides, mobile operators’ agents found to have sold unregistered SIM cards face a Sh500,000 fine or a 12- month jail term if found guilty of the offence.

Mobile subscribers are liable for any activities carried out using a SIM card registered in their name if they can’t prove that they were not in control of the medium when the activities were being carried out, the regulations say.

Two years ago, the industry regulator said it was targeting 5.3 million unregistered SIM cards for deactivation but only 2.98 million cards were deregistered.

The number of unregistered Safaricom mobile subscribers then stood at 800,000. Airtel had 70,830 unregistered SIM cards unregistered, while Yu and Orange suspended 290,000 and 120,010 unlisted lines from service.

It then emerged that mobile operators had challenges verifying registration data received from mobile line dealers and agents countrywide.
This has now changed since the operators have linked their registration data basis to the IPS.

Once suspended, affected customers have a 90-day window within which they must register their identity information.

During the suspension period they will not be able to make phone calls, send text messages, transact on mobile money transfer platforms like M-Pesa or access data services using the suspended line.