1.2 Objective
of the Consumer Guidelines
1.4 TRA
Consumer Affairs Guidelines
1.8 Structure
of the Consumer Affairs Guidelines
3 Scope
of Consumer Affairs Guidelines
4.2 TRA
Monitoring and Reporting
5.2 Universal Service Provisions
5.3 TRA
Information Programmes for Consumer Protection
5.4 Standard
Consumer Contracts
5.5 Service
Provider Information Requirements
6.2 Complaint
Resolution Procedure
6.3 Privacy
and Confidentiality
6.7 Connection
to other Consumers
6.8 Premium
Charged or Value-Added Services
7 Quality
of Service and Network Performance
1.
The Consumer Guidelines form part of the Regulations issued
by the Telecommunications Regulatory Authority (TRA) of
2.
The Government of Lebanon has embarked upon the process of
transforming the state controlled monopoly Service Provider to privately
controlled competitive service provider.
3.
The TRA has been established to monitor the sector, respond
to service provider abuse and to enforce the Law.
4.
The Law gives TRA specifically the responsibility for
consumer affairs, related to telecommunications, in order to provide consumers
with adequate levels of protection against service provider abuse, information
regarding service prices, quality levels for services, available choices and
redress.
5.
In order to protect against Service Provider malfeasance and abusive behaviour TRA may
need to implement a set of regulatory measures and a body of consumer
protection policies, to provide consumers with the information they require to
make informed choices, and hence to maximise the benefits they can derive from
competitive service provisioning.
6.
By outlining the rights and obligations of Service Providers
and consumers as it concerns public telecommunications services, the Consumer
Guidelines will detail the specific objectives that the TRA is setting for
itself, as well as the telecommunications industry.
7.
The Consumer Guidelines detail the telecommunications
regulations related to Consumer Affairs.
8.
The Guidelines have been drafted as part of the introduction
of competition in the telecommunications sector in
9.
.The Guidelines aim to encourage good practice by providers
and to promote the provision of universal service and high quality service to
end-users.
10.
The Guidelines aim to assure consumers of quality service,
fairness in tariffs, transparency in billing, and the opportunity of redress
for service provider malfeasance.
11.
The main legal basis setting the duties and responsibilities
for the TRA is the Telecommunications Law, especially Article 5.
12.
Articles 23, 38, 39, 41, and 43 of the Telecommunications Law
address specific responsibilities given to the TRA in matters that are related
to consumers of telecommunications services.
13.
The distribution of tasks among the units and sections of
the TRA is set out in the enabling Decree[1]. This Decree includes the provision for the
establishment of the Information and Consumer Affairs Unit within the TRA.
14.
Article 5.1, of the Telecommunications Law, outlines the
duties and powers of the TRA, and includes in its various articles the authority
to issue guidelines for the protection of consumers.
15.
Article 5.3 of the Telecommunications Law states that “the TRA
shall commit to the principle of developing the services regulations of the
Telecommunications Sector according to the most modern technical means and
regulatory requirements”. For this purpose, the TRA is empowered to establish
rules for collecting and considering the comments and suggestions from sector
stakeholders when necessary.
16.
The Telecommunications Law furthermore provides the TRA in
Article 28.3 with the power to control and regulate the rates and tariffs of
all Public Telecommunications Service Providers by whatever means it deems
appropriate.
17.
Article 31 of the Telecommunications Law delegates to TRA
the authority to manage the numbering plan in a non-discriminatory manner.
18.
The Law in Article 25 (2) – “Provisions applicable to Public
Telecommunications Service Providers” directs the TRA to ensure that
·
The Public Telecommunications Services Licence includes
mandatory and optional infrastructure targets that are related to the scope of
expansion, and imposes standards that ensure high quality of service.
·
The quality of service standards include, but are not
limited to requirements related to the period of the service provision, call
completion rates, fault rates, fault repair times, dial tone delays, and
dialling errors.
·
The procedures for measuring, reporting and monitoring
compliance with the infrastructure, the targets of the expansion and quality of
service standards are put in place.
·
The Licence include explicit conditions to ensure continuity
of service upon the expiry of the Licence.
19. Law n° 659 of
February 4, 2005 titled “Consumer Protection Law” (CPL) related to Consumer
Protection was published in the Official Gazette. It entered into force on May
10, 2005.
20.
In cases of overlap between CPL and the Telecommunications
Law, the provisions of the Telecommunications Law, being a special law, shall
prevail over the provisions of the CPL, which is a more general Law. The
Consumer Affairs Guidelines have been developed in line with this
understanding.
21.
The Consumer Affairs Guidelines apply to all Service Providers
and End Users of Telecommunications Services in Lebanon. They do not apply to users of Private
Telecommunications Services.
22.
TRA may engage in public consultations regarding consumer
protection prior to the implementation of the Consumer Affairs Guidelines.
23.
These Guidelines become effective upon completion of the
approval and promulgation process set forth in the TRA Code of Practice,
including a public consultation and the approval of these Guidelines by the TRA
Board. TRA may publish these Guidelines
in the Official Gazette and/or on the TRA website.
24.
TRA is cognisant that full implementation of the Consumer
Affairs Guidelines will necessitate existing Providers of Telecommunication
Service to undertake a number of changes to internal systems and
processes. As a result, TRA will consult
with the affected parties and reach agreement with Service Providers on applicable
schedules for compliance with these Guidelines within twelve (12) months from
publication. However, unless and until
some interim implementation arrangement has been granted to a particular Service
Provider or group of Service Providers, the present Guidelines will apply in
full as of the date of their entry into force.
25.
TRA’s Information and Consumer Affairs Unit (ICAU) is
mandated to provide all necessary information in order to ensure transparency,
and assume responsibility for consumer affairs for the purpose of informing the
public and protecting the consumer.
26.
The primary functions of ICAU are consumer protection and
public relations:
Consumer protection covers:
i)
protecting consumer rights;
ii)
promoting consumer interests.
27.
The Consumer Guidelines will be subject to periodic review
and may be amended following consultation with interested parties in the light
of their experience in the telecommunications sector, as well as ongoing
developments in telecommunications markets, and of any changes to Lebanese
national law.
28.
Individual clauses and/or guidelines containing the word
‘shall’ are mandatory requirements and are binding on Service Providers.
29.
Individual guidelines containing the word ‘should’ are
recommendations to Service Providers but are not mandatory in and of themselves.
30.
Individual guidelines containing the word ‘may’ are
permissions to Service Providers.
31.
Individual guidelines containing the word “will” are
obligations that the TRA are setting for its own actions.
32.
TRA requires Service
Providers to take measure to ensure:
a)
protection of vulnerable groups;
b)
billing accuracy;
c)
itemised and per service billing;
d)
No transfer of consumers from one supplier to another
without their knowledge and explicit consent (sometimes referred to as
‘Slamming’).
e)
Procedures are in place for resolution of consumer disputes.
33.
TRA will ensure that all Service Providers include
requirements applicable to the Services provided by providers with designated
SMP status concerning:
a)
affordability of services;
b)
quality of services;
c)
Universal Service provisions;
d)
service provisioning for subscribers with handicaps.
34.
The Guidelines are structured as follows and comprise the
following items:
Section 2 -
Definitions
Section 3 -
Scope of Regulation
Section 4 -
Communications
Section 5 -
Consumer Choice
Section 6 -
Consumer Rights
Section 7 –
Quality of Service
35.
In the event of conflict or ambiguity between the terms
defined herein and the terms defined in the Licence or in the Law then the
following order of precedence shall apply:
a)
Telecommunications Law
b)
The Consumer Affairs Guidelines
c)
Service Provider Licence
36.
For the purposes of use in these Guidelines, the following
terms will have the ascribed meanings:
Authority / TRA means the Telecommunications
Regulatory Authority in Lebanon established by virtue of the Telecommunications
Law.
Basic
Telephony Services are Public Telecommunications Services
limited to two-way real-time voice transmission within all of Lebanon offered
as a Fixed Telecommunications Service over a Self-operated Network. Basic
Telephony Services are classified for licensing purposes as requiring a Public
Fixed Network licence.
Consumer
means any natural or judicial person other than a Provider of
Telecommunications Services. See also End User.
Consumer
Affairs means any regulation related to consumers and
Telecommunications Equipment and Telecommunications Services.
Customer
means the Person who receives Telecommunications Services and pays
the corresponding fees for a period of time by virtue of an agreement with or
pursuant to terms established by the Service Provider.
Customer
Premises Equipment (CPE) means any technical devices, including
wiring that are suitable for connecting to the Network Termination Interface
that is owned or controlled by an End User within his or her private premises
without commercial purpose and which may be used to originate, route, terminate,
store or convert any communication over the network. Importation, sale and use
of such CPE may be subject to equipment standards specified in the Radio and
Telecommunications Terminal Equipment (RTTE) Type Approval Guidelines but is
not subject to licensing under the present Guidelines.
Emergency Services are
services given to the Public free of charge as defined from time to time by the
regulator in consultation with the licensed Service Provider(s).
End
User (or User) means any natural or judicial person, excluding Providers
of Telecommunications Services, purchasing, consuming or using
Telecommunications Services solely for their own consumption. Irrespective of
whether an End User is an individual, household, or institutions of any kind,
such End User may not provide access to Telecommunications Services to persons
outside their respective Defined User Group, nor provide access on a commercial
scale or for profit. End users are Consumers.
Facility
means a physical component of a telecommunications network, other than CPE,
including wires, lines, terrestrial and submarine cables, wave guides, optics
or other equipment or object connected therewith, used for the purpose of
telecommunications and includes any post, pole, tower, standard, bracket, stay,
strut, insulator, pipe, conduit, or similar thing used for carrying,
suspending, supporting or protecting the structure.
Information means
signs, signals, writings, sounds and other data.
Interconnection
means the physical and logical linking of telecommunications networks used by
one or more Service Provider in order to enable the Users or Subscribers of the
same or another provider to communicate, and linking any service to another one
across Networks, be it locally or internationally.
International Telecommunications
Services means Telecommunications Services provided between Lebanon
an abroad.
Network
means a system of interconnected
facilities designed to carry traffic including any Telecommunications Service.
Network here includes both the physical components (Infrastructure) and the
various traffic networks, each representing a particular interconnection of
infrastructures for certain Telecommunications Services.
Network
Performance means the ability of
a network portion to provide the functions related to communication between
users (ITU-T Rec. E.800).
Non-discrimination
means supplying the same product/service to different consumers on the same
financial, technical and service terms.
Price
Cap - A method of setting prices whereby the SMP Provider is given
a limit on the average per usage (or per consumer) revenue it may collect, but
within that is given flexibility on how to set the prices, and is permitted to
recover profits above those cost-of-service regulation would consider
reasonable, up to some limit, as an incentive to be more efficient.
Private Telecommunications Services
means a Restricted Telecommunications Service provided to some Defined User
Group or Groups:
·
within or between contiguous
premises or between premises utilising any means appropriate for transmission
and reception within such limited geographic area, or
·
between any number of
non-contiguous locations or premises where these are connected by transport or
transport segments obtained from another Provider, including on a leased capacity
basis. Within these locations or premises, the provisions of the above clause
apply.
Service
Provider means any individual or legal person providing
Telecommunications Services to others on a commercial scale or for profit. The TRA may by Guideline or Decision set
forth specific criteria concerning the scale of operations sufficient for a
person to be considered operating on a commercial scale.
Public
Telecommunications Network means fully
interconnected and integrated telecommunications systems consisting of various
means of transmission and switching, used to provide Basic Telephone Service
and other Public Telecommunications services.
Quality of Service means the collective effect of service
performance which determine the degree of satisfaction of a user of the service
(ITU-T Rec. E.800). and the statement of the level of quality required by the
applications of consumers/users of a service, which may be expressed
non-technically (ITU-T Rec. G.1000).
Service Provider with Significant
Market Power (SMP) means a Service Provider that has the
ability to practically affect the terms of the subscription relevant to the
price and supply in a specific market relevant to a telecommunications service
due to controlling essential facilities, or using its position in the market.
Essential telecommunications facilities means a Public Telecommunications
Service or infrastructure that is exclusively or predominantly provided by one
or a few number of Providers and cannot feasibly be substituted, economically
or technically, in order to provide the service.
Slamming occurs when a consumer’s
service is switched from one provider to another without the consumer’s
permission.
Subscriber is another term for Customer (See definition above).
Telecommunications
Services means the provision of services inclusive of the
transmission/reception and routing of information in a potentially interactive
manner by any technological means. Telecommunications Services also means the
provision of Infrastructure or elements thereof necessary for the provision of
such services. Telecommunications
Services include specific service categories, including but not limited to
Network and End-User Services, Telephony, Value-Added Telecommunications
Services, and Telecommunications Services provided to the Public or Restricted
groups of persons (Defined User Groups or Licence Areas/Service Territories).
The provision of any Telecommunications Service in Lebanon comes under the
jurisdiction of the TRA and is subject to a Licence.
Universal Access (UA)
describes the availability, within a defined reasonable travel time, of shared
access points to Universal Services (such as payphones, telecentres, etc.)
Universal
Provision is defined here to include both Universal Service and
Universal Access.
Universal
Service (US) describes availability of Telecommunications Service at the
consumer’s premises, or to him/her personally on a full-time basis.
Value Added Services are
services which may or may not be Telecommunications Services and are
characterised by:
· Alteration in form, code, protocol, or any other feature of the consumer-transmitted
Information at the Network Termination Interface by means of
telecommunications.
· Information provision to a User or Consumer, including the
re-composition at the Network Termination Interface of Information originally
transmitted by a User or Consumer.
· Provision of stored Information for interaction with a User or Consumer,
including information stored on or off the network that enables the Consumer to
access the network or utilise any services provided over a network.
Value-Added
Services used by Consumers but provided entirely by Customer Premises Equipment
(CPE) of any kind on the Consumer side of the Network Termination Interface are
not subject to Licensing, nor will this type of Value Added Service be
considered as relating to or involving a Telecommunications Service.
37.
TRA recognises that the transition from state operated
monopoly provider (MOT/OGERO) to private and later to competitive services
provider requires continuing regulation to promote the public interest,
including the provision and enforcement of basic consumer rights.
38.
This requirement arises principally from the fact that the
former state-owned monopoly provider is likely to remain a Service Provider with
Significant Market Power SMP after corporatization as Liban Telecom for a period
of time.
39.
TRA recognises that consumers should be protected from
potential abuse by Liban Telecom’s market power, as well as other Service
Providers with designated SMP status.
40.
As a result, TRA will put in place regulation so as to
prevent and discourage high prices, insufficient supply, deteriorating service
quality and reliability, slow fault clearance, lagging introduction of advanced
services, as well as inaccurate and incontestable bills.
41.
TRA believes that the creation of a body of consumer
protection policies is an effective method of reducing consumer fear,
uncertainty and doubt and as a method to improve service selection and quality.
42.
The TRA Guidelines specifically address:
a)
Obligation to work with the consumer communications through:
i)
information dissemination;
ii)
consultation;
iii)
TRA monitoring and reporting.
b)
Consumer choice through encouraging:
i)
Competition;
ii)
Universal Service Provisions;
iii)
Consumer protection;
iv)
Fair Trade Practices.
c)
Information Collection, Retention and Dissemination
d)
Consumer Rights through processes dealing:
i)
complaints and redress;
ii)
dispute resolution;
iii)
privacy and confidentiality;
iv)
Non-discrimination;
v)
telemarketing;
vi)
tariffs and billing;
vii)
access to Private Property;
viii)
Emergency Services;
ix)
telephone numbers;
x)
connection to other consumers;
xi)
premium charge or value-added services;
xii)
Health and Safety.
e)
Quality of Service.
43.
TRA will act to inform consumers when the TRA and/or
Government have initiated changes in the Law, the provisioning of services,
service pricing, Quality of Service (QoS), billing practices, or dispute
resolution. Towards this end, TRA will:
a)
communicate in Arabic and English languages, with Arabic
being the official version;
b)
utilise a variety of
media to communicate with consumers;
c)
take into account the interests of those with sight or
hearing difficulties, or other disabilities;
d)
solicit the opinion of sector stakeholders;
e)
monitor the flow of information and assess its effects; and
f)
request organisations and civic groups to become channels of
communications.
44.
TRA will prepare publications, in both electronic and
printed format, educating consumers about their rights, responsibilities, and
opportunities. The publications will:
a)
explain the consumers’ rights of access to services from
telecommunications Service Providers, using clear and simple language;
b)
promote awareness of the changes affecting the
telecommunications sector and the role which TRA plays in ensuring the
provision of high quality services at reasonable prices; and
c)
provide answers to frequently asked questions on the TRA
Website
45.
TRA will publish on a regular basis information guides in
accordance with international best practice, which seek to ensure that
consumers are cognisant of their rights in dealing with telecommunications
providers and/or can make informed decisions regarding the available services.
46.
TRA will publish reports periodically as it deems
appropriate on the Lebanese telecommunications market to ensure that consumers
have up-to-date information on sector developments.
47.
Service Providers shall publish and update periodically and
at least twice a year unless so requested by the TRA, the following information:
a)
Headquarter contact details;
b)
website;
c)
shareholder and/or ownership;
d)
numbers of Customers; and
e)
Service Provider comparative QoS performance tables.
48.
The TRA reports will contain:
a)
a list of new regulations;
b)
new directives and/or decisions;
c)
a comprehensive list of regulations, directives and
decisions issued;
d)
licensed Providers with SMP status;
e)
tariffs for Designated Services;
f)
contact details and website;
g)
Telecommunications User Group contact details and web sites;
h)
performance tables covering consultations, complaints and
enquiries on:
i)
consultations with consumer groups and individuals;
ii)
complaints concerning Quality of Service of Service Providers;
iii)
complaints concerning tariffs;
iv)
anti-competitive practices.
49.
TRA will publish annually for each category the:
a)
number of enquires/complaints;
b)
response time to enquiry by TRA; and
c)
resolution time for enquiry/complaint.
50.
TRA will review annual and periodic reports provided by Service
Providers on quality of service performance and prices.
51.
TRA will monitor sector performance through objective,
periodic measurements, and respond to abuse effectively and in a timely manner.
52.
Service Providers respect the right of consumers to receive
clear and comprehensive information about rates, terms and conditions for
available products and services, and to be charged only in accordance with such
rates, terms and conditions as they have agreed to with their provider.
53.
Consumers have the right to receive from Service Providers :
a)
accurate bills and redress, which gives the consumer the
right to accurate and readily understandable bills for products and services
authorised, and to fair, prompt and courteous redress for problems encountered;
b)
non-discrimination, which gives the consumer the right to be
treated equally to all other similarly situated consumers; and
c)
protection against market abuse and unfair trade practices,
which gives the consumer the right to complain in writing and have the
expectation to receive an expeditious response and redress where appropriate.
54.
TRA may participate in user/consumer forums, trade group
meetings and conventions in order to remain cognisant of relevant consumer
issues.
55.
TRA will seek consumer views through public consultations
and surveys and publish in summary form their results, including the TRA’s
position on such issues, resulting decisions and actions taken.
56.
TRA will formulate a strategy for market liberalisation of
the telecommunications sector in order to provide consumers with increased
choices of telecommunications services.
57.
Consumers shall be able to switch their Service Provider by
direct contact with the selected Service Provider: where such an agreement is
based on an oral agreement, the Service Provider will be required to provide
the consumers with a written contract confirming any oral agreement, which
shall be signed and returned by the consumer to the Provider, who will be
required to maintain the written contract on file.
58.
Any Provider of Telecommunications Services that solicits
customers shall seek TRA approval for its verification procedures, which will
not allow the use of a negative option.
59.
Telecommunications Providers that switch consumers without
their explicit written authorisation and/or through unfair practices will be
sanctioned and be subject to penalties as determined by TRA.
60.
TRA may cancel the Licences of Providers that repeatedly
fails to comply with the terms and conditions of said Licences.
61.
Competitive licensed Service Providers may decide where they
wish to offer services and the type of service they wish to offer. However, whatever market segment such a
Provider chooses, or the type of service offered, the Service Provider shall
provide services on a non-discriminatory basis.
62.
In accordance with the Law, TRA will determine the
Telecommunications Services that fall within the requirement of the universal
service designation, taking into account the needs of the public, affordability
of the service and advances in technologies.
63.
Universal service shall include, at a minimum, a high
quality basic telephone service as stipulated in the Law.
64.
In accordance with the Law, TRA shall periodically determine
the manner in which a basic telephone services shall be provided and funded in
order to meet the requirements of Universal Provisioning for such service,
including the obligations, if any, of the providers and users of the service.
65.
Prior to terminating the offering to the public of a basic
telephone service in respect to which the requirement of universal service
applies, a Service Provider shall obtain written approval from TRA.
66.
TRA will work with Government and Non-Government
organisations to provide public education programmes in respect to consumer
protection.
67.
As new telecommunications technologies and services emerge
TRA will review from time to time the adequacy of existing consumer protection
measures, and will advise consumers accordingly.
68.
All Licensed Providers shall prepare and abide by the Standard
Consumer Contracts that meet the test of reasonableness and transparency.
69.
The Standard Consumer Contracts shall include terms and
conditions for the Service Provider to address all Consumer complaints in a
fair and timely manner, including deadlines to address the consumer complaints.
70.
Standard Consumer Contracts shall include at a minimum:
- payment deadlines;
- disconnection procedures
including notices of disconnection;
- the right to negotiate payment
plans;
- the right of reconnection following
settlement of payment dispute.
71.
Service Providers shall submit to TRA for review and
approval Standard Consumer Contracts.
72.
Service Providers shall take such steps as are necessary to
ensure, in relation to their Network Services, that users can reasonably and
reliably have access to information to assist them in the selection of the
Network Services of their choice, including installation, fault reporting,
billing, price and directory assistance.
73.
Service Providers shall not use “unfair trade practices”
such as false and misleading advertising and/or engage in exhibiting
anticompetitive behaviour.
74.
The Service Provider shall, upon request, provide (directly
or indirectly), free of charge to all users of its public telephone services, a
directory of listings of telephone numbers of its subscribers in hard copy
(such as paper or other media) for such listing.
75.
The providers of Universal Service shall include, at a
minimum, a telephone directory for subscribers of basic telephone services, Service
Provider assisted information services, and free access to emergency
telecommunications services.
76.
Providers of Telecommunications Services shall provide a Customer
care centre for complaints handling that is effective and efficient for dispute
resolution, including free phone numbers for inquiries, written and verbal
complaint procedures, and the telephone number, as well as the e-mail and
mailing address of TRA.
77.
TRA will implement a consumer complaints procedure that is
effective and efficient for dispute handling and resolution for cases where consumer
complaints have not been handled to their satisfaction by a service provider’s customer
care unit.
78. The TRA consumer
complaints process shall protect the interest of consumers by
a)
handling inquiries and complaints, by undertaking
investigations and by making
recommendations;
b)
establishing a consumer complaint process which will:
i)
acknowledge all written communications within two working
days of receipt and send a response within ten working days whether or not a
full response to the enquiry can be provided;
ii)
acknowledge all electronic communications within 12 hours of
receipt and send a response electronically within six working days whether or
not a full response to the enquiry can be provided.
80.
Service Providers shall provide consumers with the required
information which will permit them to file complaints before the TRA.
81.
Consumers may file complaints with the TRA after having
exhausted the Consumer Complaints Process in the approved Standard Consumer
Contracts.
82.
TRA shall institute a complaint resolution procedure between
consumers and providers that is expeditious, transparent, understandable, and consumer-friendly.
83.
The complaint procedure shall be funded by the parties to
the complaint in such manner as the TRA considers reasonable and just.
84.
TRA shall expeditiously hold hearings and inquiries, and
investigate any matter which is before it.
85.
TRA shall determine the periods that are reasonably
necessary for the fair and adequate presentation of the matter by the
respective parties, and TRA may require those matters to be presented within
the periods so determined.
86.
TRA may require evidence or arguments to be presented in
writing and may decide the matters upon which it will hear oral evidence or
arguments.
87.
Every party to a matter shall be entitled to appear at the
hearing and may be represented by an attorney or any other person who in the
opinion of the TRA is competent to assist the party in the presentation of the
matter.
88.
TRA may:
a)
issue summons to compel the attendance of witnesses;
b)
examine witnesses on oath, affirmation or otherwise; and
c)
compel the production of documents.
89.
A summons issued by
the TRA shall be under the hand of the Chairman.
90.
TRA may, in relation to any matter brought before it:
a)
make provisional or interim orders or awards relating to the
matter or part thereof, or give directions in pursuance of the hearing;
b)
dismiss or refrain from hearing or determining a matter, in
whole or in part, if it appears that the matter, or part of the matter, is
trivial or vexatious or that further proceedings are not necessary or desirable
in the public interest;
c)
in appropriate circumstances, order any party to pay the
reasonable costs and expenses of another party, including the expenses of
witnesses and reasonable attorneys’ fees, in bringing such matter before the TRA,
except that no such award shall be made when such other party is a Service
Provider of a telecommunications network or a provider of a telecommunications
service absent a determination by the TRA that the party’s conduct in the
matter, or in the proceeding before the TRA, has been so egregious, vexatious
or frivolous as to warrant an award of costs and expenses to such other party;
and
d)
give all such directions and perform all such duties as are
necessary or expedient for the hearing and determination of the matter.
91.
The Service Provider shall refrain from impairing or
terminating the telecommunications service provided to an end-user during a bona fide dispute,
without the prior written approval of the TRA, except that the Service Provider
may in respect of a billing dispute, collect from him/her any such user amounts
that are not in dispute.
92.
Service Providers shall protect a consumer’s reasonable
expectation of privacy regarding personal information and calling patterns.
93.
The consumer has the right to personal privacy, to have
protection from unauthorised use of personal records and information, and to reject
intrusive communications;
94.
The Service Provider shall maintain the confidentiality of,
and refrain from using or disclosing, any:
a)
confidential, personal and proprietary information obtained
in the course of its business from any user, where such information originates
from any such user;
b)
any information regarding usage of a licensed Network or a
licensed Service; or
c)
information received or obtained in connection with the
operation of a licensed Network or the provision of a licensed Service;
95.
Consumers may give his or her consent to the disclosure of
personal information and calling patterns.
96.
Consumers have the right to bar calls to premium rate or
value-added service numbers, as well as international services.
97.
The licensed Networks shall be operated, and the licensed
Services shall be provided, by the Service Provider on an arm’s length
commercial basis with respect to the Service Provider and any and all of the
bodies corporate with which it is affiliated.
98.
In providing the licensed Services and transmitting
communications, the Service Provider shall not discriminate unduly as between
similar types of users and shall offer the licensed Services on the same terms
and conditions to similar types of users.
99.
The Service Provider shall not engage in anti-competitive
pricing and other related practices or any other activities, whether by act or
omission, which have, or are intended to or likely to have, the effect of
unfairly preventing, restricting or distorting competition in any market for
the licensed Services.
100.
The Service Provider shall refrain from using revenues or
resources from a licensed Network or licensed Service in respect of which the
licensee is dominant to cross-subsidise unfairly any other telecommunications
network or telecommunications service, without the prior written approval of
the TRA. Upon request, the Service Provider shall make available, on a
non-discriminatory basis, which may include a reasonable charge, directories or
other non-confidential subscriber-related information to other persons for
purposes of providing directories to their consumers.
101.
TRA will encourage cost-based prices for services through
the development of a competitive environment in the provision of
Telecommunications Services.
102.
Where TRA deems there not to be effective competition, it
will regulate prices in accordance with Price Regulations.
103.
Full terms and conditions as well as prices shall be
communicated to all new subscribers prior to the provision of the service.
104.
Prices for premium rate or value-added services shall be
published wherever the service is advertised, including print and broadcast
media.
105.
Service Providers shall issue bills which are:
a)
clear, establish verifiable charges in a format that can be
easily compared;
b)
complete so customers can confirm or challenge calls,
payments, late charges;
c)
contain a disclosure of the price paid (whether per minute,
per second, per usage, or per capacity) for all calls and an itemised list of
all Customers; and
d)
itemised as to national and international usage, monthly
subscription fees, premium rate or value-added services charges, Internet
subscription and usage fees, packet-switched data services where applicable, or
directory assistance fees, and such bills are provided without additional
charge.
106.
Telecommunications Service Providers may offer online
itemised bill display, downloads and electronic bill payment.
107.
Billing records shall be retained by the Service Providers for
a period of up to 10 (ten) years.
108.
Service Providers of Basic Telephony Service shall provide
access to and/or shall provide emergency telecommunications services free of
charge to any customer.
109.
In the event of a public emergency, Government may require
the Service Provider to provide free of charge to Government or to any other
person specific telecommunications services as Government reasonably determines
are necessary in the public interest,
110.
If such public emergency shall last for more than thirty
(30) days and if a Service Provider is required to continue providing such
telecommunications services beyond such thirty (30)-day period, then Service
Provider may seek compensation from the Government for services provided beyond
such period.
111.
Consumers shall not be charged a fee for calls to Emergency
services or other such services as TRA will define from time to time.
112.
Service Providers providing Public Telecommunications Services
shall ensure consumers are able to communicate with all other consumers
independent of the network to which they are connected.
113.
All Public Telecommunications Service Providers shall ensure
that consumer calls between the networks of different Service Providers are
connected and completed within the Quality of Service targets established by
TRA.
114.
All Public Telecommunications Service Providers shall
complete and interconnect calls to emergency services expeditiously and without
charge to the consumer.
115.
TRA may provide information to consumers about premium
charged or Value-Added Services in order to guard against market abuse, fraud,
false and misleading advertising, misrepresentation, or difficult to understand
service charges by:
a)
monitoring premium charged or value-added Service Providers
behaviour in the marketplace;
b)
establishing a Code of Conduct for premium charged or
Value-Added Service Providers;
c)
establishing a list of premium charged or Value-Added Service
Providers that fail to abide by the Code of Conduct;
d)
withdrawing the Licence of repeat offenders of the Code of
Conduct for premium charged or Value-Added Service Providers; and
e)
imposing fines and penalties on premium charged or
Value-Added Service Providers for fraud, false and misleading advertising, or
misrepresentation of fact.
116.
TRA will display openness, fairness, and impartiality when
dealing with individuals or companies involved in the provision of premium rate
or value-added services.
117.
TRA will maintain a Type Approval regime for all
telecommunications equipment which connects directly to telecommunications
network, and all intentional emitters of electromagnetic radiation (radio
waves). Such equipment shall be referred
to collectively as Radio and Telecommunications Terminal Equipment (RTTE).
118.
The Type Approval regime will ensure that RTTE does not
cause harm to the general public or staff working on public telecommunications
networks.
119.
TRA will advise the public to the best of its ability and
based on the most current research on the subject from time to time as to the hazards
of available telecommunications equipment, devices and instruments.
121.
The Target set of Quality of Service and network performance
parameters may change in scope from year to year and the target parameters may
vary in degree from time to time as TRA, after due consultation, based on new
telecommunications technology and/or research performed by the TRA or any other
recognised national or international technical research institute. The parameters are to include, but shall not
necessarily be limited to, the:
a)
supply time for connection;
b)
fault rate and fault repair time per access line;
c)
call set up time;
d)
response time for Service Provider services and inquiries;
e)
billing accuracy;
f)
unsuccessful call ratio;
g)
average throughput for several data services categories (browsing,
ftp, etc.)
h)
proportion of public telephones out of service.
122.
During any regulatory period determined by TRA the service
provider's performance should be reviewed annually based on monthly reporting
and compared to the baseline performance standards for each QoS item. If
service quality has deteriorated, the plan must include pre-set penalties of
two types: customer-specific credits and a reduction in allowable earnings.
123.
TRA may impose upon Telecommunications Service Providers
with deteriorating Quality of Service indices mandatory Quality of Service
improvements and fines for failure to meet the Quality of Service requirements
within the timeframe stipulated by the TRA.
124.
TRA will issue Quality of Service Guidelines.
CPE Customer Premises Equipment
CPL Consumer Protection Law
ICAU Information and Consumer Affairs
Unit
LLU Legal and Licensing unit
QoS Quality of Service
RTTE Radio and Telecommunications
Terminal Equipment
SMP Significant Market Power
TRA Telecommunications Regulatory
Authority
TTU Telecommunications Technology
Unit
UA Universal
Access
US Universal Service
VPNs Virtual
Private Networks