POST AND TELEGRAPH DEPARTMENT

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POST AND TELEGRAPH DEPARTMENT
BANGKOK , THAILAND
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Consumer Protection Where do we draw the line
By Jiraporn Bhongsatiern Director of Technical
and Planning Division Post and Telegraph
Department
Asia Pacific Forum on Telecommunications Policy
and Regulation 16 - 18 May 2002, Kuala Lumpur,
Malaysia
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Consumer Protection

• What authorities enforce consumer
  protection
• What principles we have made
• Where do we draw the line
• How do we settle the disputes

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Legal Administration

• The Consumer Protection Act 1979
• The Consumer Protection Board chaired by
  the Prime Minister
• The Committee on Advertisement
• The Committee on Label
• The Committee on Contract
• Office of CPB

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Legal Administration

• The Consumer Protection Board
• Powers and duties
• set up policy and measure on consumer protection
• consider consumer complaint on suffering hardship
  or injury
• proceed with the goods which may be harmful to
  consumer
• publicize information on consumer protection

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Legal Administration

• The Telecommunication Business Act 2001
• The National Telecommunication Commission
  chaired by NTC chairman
• Office of NTC

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The Consumer Protection Act 1979

• Consumer means a person
• who buys or obtains goods and services
• who has been offered or invited to buy or
  obtain goods and services
• who duly uses or obtains goods and services
  even he does not pay the price

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Principles of Consumer Protection

• The consumer has the following rights of
  protection
• the right to receive correct and sufficient
  
  information as to the quality of goods and
  services
• the right to enjoy freedom in the choice of
  goods and services

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Principles of Consumer Protection (cont)

• the right to expect safety in the use of
  goods and services
• the right to receive a fair contract
• the right to have the injury considered and
  compensated

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The Telecommunication Business Act

• The Goal on Consumer Protection
• Telecommunication services shall be
  accessible , equitable and affordable to as
  wide a population as possible
• Consumer shall obtain the best telecom
  services in terms of value for money, quality
  and choice

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Universal Service

• The licensee shall provide telecom services
• in rural areas, non-profitable areas , non
  or insufficient service areas
• for educational, religious, medical
  institutions and other charitable
  organizations
• for the disabled, children, elderly,
  under-privileged and low-income people

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Numbering Plan

• When technically feasible, consumer shall retain
  the right to use the existing telephone number
  regardless of location, category of services and
  service provider.

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Competitive Safeguard

• The licensee shall not do anything that leads to
  monopoly, reduction or restriction of competition
  , for example
• service subsidization
• holding business in the same category of
  services
• exercising of unfair market power
• anti-competitive behavior

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Interconnection

• Interconnection agreement among licensees
  related to access or connection and
  interconnection charges shall not have an
  adversely affect on consumers benefit.

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Standardization

• Consumer has the right to use his/her own
  telecom equipment with the licensees service
  with regard to technical standard.
• In case of malfunction or interference to the
  telecom network caused by the said equipment that
  telecom service shall be suspended.

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Tariff

• Telecom services fees shall
• be fair for consumers
• not be selective or discriminative to
  consumers

• Consumer can access to his/her personal data
  recorded by providers and has the right to
  clear and accurate bills

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Consumers privacy

• Consumer shall be protected on
• personal data
• privacy right
• freedom in communications

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Telecom Services Agreement

• General terms
• functions and responsibilities of the licensee
  and the consumer
• quality of service
• telecom services fees
• lack of unfair provisions to consumers

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Telecom Services Agreement (cont)

• Specific Terms on Mobile Phone
• Telecom services suspended
• consumer informs 3 days in advance for
  suspending not more than 6 months
• no access charge when reconnect
• service provider informs 30 days in advance

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Telecom Services Agreement (cont)

• Telecom services terminated
• consumer informs at once
• service provider informs 30 days in advance
• except
• consumer died
• consumer uses fraud document etc.

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Telecom Services Agreement (cont)

• Late Payment
• Consumer shall not be fined more than 15
  per annum.
• If late payment is more than 35 days the
  service agreement shall be terminated.

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Dispute Settlement

• Court System
• The Consumer Protection Board appoints a
  public prosecutor to institute legal
  proceeding for the infringement of the
  consumers right as a whole
• Any registered Consumer Protection Association
  brings legal proceedings for its members

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Dispute Settlement (cont)

• Arbitration
• consumer files a written complaint to the
  NTC
• the decision shall be made within 30 days

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Authorities Relation

• In principle,
• the Telecommunication Business Act shall be
  enforced on Consumer Protection
• In case of ignorance
• the Consumer Protection Board shall inform the
  NTC to proceed or issue orders pertaining to
  Consumer Protection within 90 days

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Authorities Relation (cont)

• In case of necessity and urgent, for the
  benefit of the consumers as a whole
• the Prime Minister shall issue orders thereof
  without prior notice

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THANK YOU