Dialers have been controlled - UKE

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Dialers have been controlled


2003-07-18

Numerous complaints regarding connections with the numbers 0-700, sent by subscribers using dial-up access to the Internet, resulted in the control of the services offered by Telekomunikacja Polska S.A.  The control was carried out by the employees of URTiP from 14 May to 13 June 2003.  The activities included:

  • Rules and conditions of the services of access to the Internet provided by TP S.A., which are defined in the Telecommunications Law, art. 46;
  •  Scope of rights, duties and responsibilities of the parties of these contracts towards the subscribers using audiotext services;
  • Practice of dealing with the complaints regarding Internet access provision and audiotext service offered with the usage of the numbers 0-700/701 in the light of the ordinance of the Minister of Economy of 28 September 2001 on telecommunications services complaints (Dz.U. Nr 115, poz. 1230).

Control revealed that TP S.A. in its own name and on its own account provides the content mentioned above to its subscribers using expensive connections carried out by dialers and active parts of Internet pages.  Analysis of the contracts signed by the TP S.A. with the content providers, using numbers 0-700 and 0-701 clearly indicated that TP S.A. was the entity that provided the services to subscribers and thus was the party responsible for it. This way the explanation of TP S.A. concerning responsibility of the content providers was considered erroneous.

In addition the documents delivered by TP S.A. reveal cases when incumbent exceeded deadlines for dealing with consumer complaints defined in the ordinance of the Minister of Economy (Dz.U. Nr 115, poz. 1230).  Considering the results of the control, Mr. Witold Graboś, President of the URTiP, initiated administrative proceedings according to the art. 61 §4 act of 14 June 1960 in the Administrative Proceedings Code, aiming to indicate the scope of breach of the Telecommunications Law. 

According to the President of URTiP, TP S.A. carries out insufficient activities in order to improve consumer protection.  First of all the operator should change the tariffs of the universal service and eliminate the charge for selective blockade of outcoming calls to the numbers operated through dialers.  In order to assure such a right to subscribers, the President of URTiP applied to the Minister of Infrastructure to include in its legislative works, which are currently carried out, a free-of-charge blockade of calls to the 0-700 numbers in a draft definition of the universal service and detailed requirements considering universal service provision.  The approach directly follows provisions of the Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users’ rights relating to electronic communications networks and services.

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