Moov Africa has frequently faced scrutiny from Togo’s telecoms regulator, ARCEP, for failing to meet obligations outlined in its license terms.
On October 25, 2023, ARCEP initiated sanction proceedings against the telecom operator following a five-day disruption of its mobile money service.
Heavy Fine for Service Unavailability
The Regulatory Authority for Electronic Communications and Posts of Togo (ARCEP) imposed a fine of 1.26 billion CFA francs ($2 million) on mobile operator Moov Africa on Wednesday, July 24th.
The Togolese subsidiary of Maroc Telecom Group was penalized for a serious breach of its obligation to provide continuous, reliable, and regular mobile electronic communications services.
Previous Warnings and Deteriorating Service Quality
This punitive action follows several warnings from ARCEP. Notably, the telecom operator was fined 600 million FCFA in May 2021.
In June 2022, the telecoms regulator issued a formal notice to Moov Africa, granting a three-month period to comply with its obligations.
The regulator now observes that over two years later, the situation has not improved and has even significantly deteriorated, particularly in the northern regions of the country.
Moov Africa’s Defense and Regulatory Response
In its defense, Moov cites security challenges, transmission infrastructure failures, and energy-related issues.
However, the regulator points to the operator’s license terms, which stipulate: “The licensee shall ensure the permanent, continuous, and regular availability of authorized services and the ongoing adaptation of the means it implements and the services to new requirements.
The service must be continuously available, twenty-four hours a day and seven days a week, except in cases of force majeure.”
Ultimatum and Market Share
Furthermore, the Togolese telecoms watchdog has ordered Moov Africa Togo to resolve service disruptions within a strict six-month period, or face further penalties under the existing legal and regulatory framework.
The company holds a 41% market share of the country’s 7 million subscribers as of December 31, 2023, with the remaining market dominated by Togocel.