|
SECTION A
Citation 1.
These Regulations may be cited as the Telecommunications (Consumer Protection) Regulations
Interpretation 2.
In these Regulations, except where the context requires otherwise:
- ‘Act’ means the Telecommunications Act.
- ‘Authority” means the Zambia Information and Communication Technology Authority.
- ‘Bill” means a written statement of money owed for services provided by a licensee.
- ‘Clear and Conspicuous” means readily understandable and presented in a format that compared to other material with which information is presented, makes it noticed and understood by a reasonable consumer.
- ‘Consumer’ means a person who uses a telecommunications network or services.
- ‘Complaint’ means any statement of dissatisfaction of services by a consumer.
- ‘Licence’ means a licence issued under the Act and the words ‘licensed services’ shall be construed accordingly.
- ‘Licensee” means any person licensed by the Authority providing services under the Act.
- ‘Market abuse’ means unfair trade practices, including false and misleading advertising and anti-competitive behavior.
- ‘Service Provider” means any telecommunications company that provides services regulated by the Authority.
- ‘Solicitation” means an offer, tentative or otherwise, by a service provider, employee or agent of a service provider, to a consumer or consumers, or to the public generally, to provide a product or service for compensation
- ‘Subscriber’ means any individual or business or other body that purchases or subscribes to any communication service and includes any person who agrees to receive and pay for a service.
- ‘Subscriber service agreement” means an agreement entered into between the licensee and the customer for provision of the licensed services to the customer.
- ‘Outage credit” means a credit to be paid to a customer for a period of time when the service is not operating for reasons not caused by the customer.
Application to the Public 3.
These regulations shall apply to entities licensed to provide telecommunication services in Zambia.
Consumer Rights 4.
A consumer’s shall include among others the following Rights:
- Full Disclosure – the right to receive clear, conspicuous, and complete information about rates, terms and conditions for available and proposed products and services from the regulator or service provider as the case may be and to be charged by the service provider only for those services and under the terms and conditions that have been approved or they have agreed to.
- Privacy- the right to lawful personal privacy and should be protected against unauthorized access to or use of their personal conversation or information.
- High Quality, Reliable Service-the right to high quality, reliable service from both service providers and the regulator reflected through Key Performance Indicators developed to meet identified needs.
- Timely, Accurate Bills and Redress- the right to accurate and understandable bills for products and services they authorized and to fair prompt redress for problems they may have with the bills or that may arise during use of those products or services.
- Responsive Regulator Authority- the right to a responsive regulatory authority that is proactively looking out for their interests and takes into account the needs and values of consumers.
- Emergency Services-the right to access free emergency services.
- Market abuse-the right to be protected from market abuses such as unfair trade practices, including false and misleading advertising and anti-competitive behavior.
Provision of Information 5.
A licensee shall provide clear and understandable information to consumers or would be consumers which shall include among other things; the name of the service provider, toll free consumer service numbers , activation fee or initiation fee including deposit requirements if applicable, monthly access fees or base charges, tariff provisions for calculating charges per call including minimum charges, units, chargeable distances, peak and off peak times and rates, night, weekend and holiday and international rates.
An operator shall also be required to notify customers about the availability of consumer complaint procedures and have in place forms to be used for registering
Non discrimination 6.
A licensee shall provide services without discrimination among customers of like classes or category of customers or to any person who wishes to become a customer
Consumer Choice 7.
Consumers shall have the right to select providers and services of choice. Where a change in the service provider or services on part of the provider rendered shall be acknowledged (on a bill, where applicable) and be verifiable by affirmative evidence from the consumer. A service provider shall notify the consumer in writing of the following:
- Date of consent and verification of authorization
- Name and telephone number of consumer or subscriber
- Explanation of each product or service ordered.
Explanation of all applicable rates as consented to by the consumer, with specification of any additional fees and charges that are applicable
- Explanation of how to dispute charges and how to cancel a product or service.
- A toll free number or numbers by which consumers may render customer inquiries or complaints
- Description of how the charge will appear on the consumer’s telephone bill
Information on whom to call for consumer enquiries. .
Subscriber Service Agreement 8. A service provider shall enter into a service contract with all consumers at the commencement of service provision. The Agreement shall stipulate the services to be provided, the prices and the remedies a customer will be entitled in case of non-provision of the agreed services. Both parties shall attest to the agreement.
Customer Care System 9.
A licensee shall establish a customer care system within which consumers can make inquiries and complaints concerning the services provided by the licensee, in such format and containing such details as may be required by the Authority within 30 days after grant of licensee.
Complaint Handling Procedure 10. Complaint handling procedure:-
- The Authority shall issue a complaint registration procedure and forms to be used which shall include information on the name of the complainant, physical address, contact numbers and any other information that may be determined from time to time.
- When aggrieved, a customer shall lodge a complaint with the service provider against whom the complaint is being made providing details of the nature of the contravention or non-performance of conditions of the licence or the customer service agreement including the dates of the event giving rise to the complaint
- The details relating to the contravention or non-compliance of the conditions of licence or customer service agreement complained of by the complainant;
- The relief sought as a result of such alleged contravention or non-compliance
- Any other relevant information which may facilitate
- The complaint form complaint form shall be filled in triplicate and the customer shall retain one copy.
- A licensee shall provide a response to the customer’s inquiry or complaint within 14 working days of receipt of the inquiry or complaint as the case may be from the customer.
- Where a customer is dissatisfied with the licensee’s response provided), he/she may refer the complaint to the Authority.
- Any complaint submitted under these Regulations shall be submitted in such format as may be prescribed from time to time.
- The complaint shall furnish the Authority with personal and contact details as well as attach to the Authority’s complaint form documentary correspondence between the offending operator and the complaint.
Powers of the Authority 11.
The Authority shall have the following powers; -
- to investigate any complaints submitted to it
- to investigate any matter relating to the provision of service which in its view warrants an investigation by the Authority
- to determine the outcome of complaint including award of compensation in cash or kind in relation to the complaint
- to refer any complaints referred to it to a suitable body with appropriate recommendations.
Outage credit system 12.
A licensee shall within 30 days from the date of the grant of the licence submit to the Authority a system of outage credits to be given to a customer, which upon the Authority’s approval shall become part of the subscriber service agreement.
The licensee shall not be responsible to customers for outages arising from an event or effect, which the licensee cannot reasonably be expected to foresee or prevent.
Code of Commercial Practice 13. The following shall apply:-
- A licensee shall submit to the Authority for the Authority’s approval a code of commercial practice in the prescribed manner within 30 days of award of a licence under the Act.
- The code of commercial practice shall include without limitation to such other information as the Authority may determine, the written form of complaint process, the system of outage credits and the system of emergency safety and assistance services, which information shall be used as criteria for approval by the Authority.
- A licensee shall deliver to each customer within 60 days of commencement of the service, the Code of Commercial Practice as approved by the Authority
- The Code of Commercial Practice shall not replace or reduce any benefit of price assurance provided to the customer pursuant to the subscriber service contract; and
- The Code shall supplement the subscriber service contract; and
- Be consistent with consumer protection laws.
Confidentiality 14. Subject to the provisions of the Act, a licensee shall not monitor or disclose the content of any information of any customer transmitted through the licensee’s network.
Billing 15. Bills, where applicable, shall be clearly organized and all charges shall be accompanied by a brief, clear non-misleading description of the services rendered sufficient for consumers to assess that the services and charges billed correspond to those requested for and received. Additionally, bills shall include the following information:
- Name of service provider associated with the bill
- Billing period covered by the bill
- Disclosure of any rate or service change prior to effecting changes, including those implemented within the next billing cycle
- The statement or payment due date.
- Amount of charges debited to each billed account segregated from late payments
- Terms for late payment fees and termination of service.
- Rental charges
- Toll free number of the telecommunications regulatory authority where consumers may make inquiries or file complaints.
- Service provider’s toll free number or numbers by which consumers may inquire or dispute charges contained in the bill.
Guidelines 16.
The Authority shall issue guidelines in the implementation of these Regulations and a licensee shall comply with guidelines which shall without limitation, include;
- Rules of behavior for licensed service providers and
- Key performance indicators for both the sector and individual service providers.
Provision of Information 17.
For purposes of monitoring performance, service providers shall submit to the Authority on a
quarterly (four months) basis information requested by the Authority in a format to be provided by the Authority.
Monitoring sector performance 18.
- The Authority shall monitor sector performance including consumer satisfaction surveys
- The Authority shall report its findings on a quarterly basis and shall develop a consumer outreach program on consumer rights, responsibilities and opportunities.
Investigations and Enforcement 19.
The following shall apply:
- Where the Authority is satisfied that a service provider is contravening or has contravened any of the provisions of these Regulations the Authority shall commence an investigations against the particular service provider; and
- The Authority shall in enforcing compliance under sub regulation (1) of this regulation apply the rules of practice and procedure regarding complaints, investigations, proceedings, hearings and decision making to the extent not provided for in the Schedule of these Regulations.
Penalties 20.
Where a licensee has breached any of the provisions of these Regulations, the Authority shall impose a penalty not exceeding one million fee units subject to the Act as follows.
- The Authority shall avail the licensee thirty days written notice with reasons, of the intended penalty, during which period the service provider shall make its representations to the Authority; and
- The Authority shall take into account the representations of the licensee in arriving at its decision.
- Any person aggrieved by the decision of the Authority may, within 14 days of the receipt of the decision, appeal against the decision in accordance with the Act.
Offences 21.
The following shall apply:
- Any licensee who
(a) Contravenes or fails to comply with any of the provisions of these regulations
(b) Omits or refuses –
- to furnish any information when required by the Authority to do so ;or
- to produce any document when required to do so by a notice from the Authority or
- Knowingly furnishes any false information to a subscriber or the Authority
- Shall be guilty of an offence.
|
Consumer Protection
