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Togo: Togocom slapped with $3.7 million fine for network breaches

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Togocom slapped with 3.7 million fine for network breaches
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Togo’s Regulatory Authority for Electronic Communications and Posts (ARCEP), has slapped Togocom with a XOF2.3 billion (USD3.7 million) fine, or 2% of the telco’s certified revenues following several breaches of its obligations related to continuous and regular network availability.

Togocom was found in serious breach of Article 27.1 of the Togo Cellular operator’s specifications stipulates that, “The Holder ensures the permanent, continuous and regular availability of the authorized services and the permanent adaptation the means it implements and services with new requirements. The service must be available continuously, twenty-four hours a day and seven days a week, except in cases of force majeure.”

According to a statement, ARCEP had given formal notice to Togocom since November 23, 2020 to implement all the equipment, procedures, protections and redundancies necessary to guarantee the quality and availability of services in accordance with its specifications.

The regulator said it continued to remind and alert Togocom for over 18 months to address the problems but the operator failed to improve its network and situation only deteriorated further.

“The incidents that occurred could have been avoided because they were not a case of force majeure,” ARCEP said.

ARCEP also found out that Togocom voluntarily interrupted its services in many remote localities of the country during specific time slots each day for the sole purpose of reducing its operating costs. “The accumulation of these interruptions can reach up to twenty-five (25) days of unavailability in a month,” the regulator said.

Togocom was ordered to put an end to the breaches of unavailability of service within a period of six (6) firm months under penalty of sanction for recidivism.

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