Mediafax (Mediafax)
Laws  |  November 26, 2012 11:03:32

Parliamentary proposal to restrict unfair practices of mobile operators, the amendment discussed by the Government


PRAGUE (MEDIAFAX) - Motion TOP 09 deputies, on Wednesday discussed by ministers, should prevent mobile operators from abusing their position. The amendment allows for example the ban on automatic renewal of contracts or contractual enforcement penalties for early termination of fixed-term contracts.

"The goal of the bill is to prevent existing mobile operators to abuse their position compared with other entrepreneurs in the field of electronic communications, disable them automatically prolong negotiated contracts, resolve or change the conclusion of contracts by means of distance communication and negotiation disable penalty for early termination of fixed-term contracts, "stands in the explanatory report to the government.

The reason for this proposal are therefore unfair practices by promoters operators to customers and to other businesses in the area of ??electronic communications, which prevents competition in the telecommunications market, and thus prevents the improvement of service quality and lower prices.

Such unfair practices against customers include promoters by the fact that entrepreneurs in electronic communications, for example, do not provide any information at remote contracting.

"We are becoming consumers into a contract or changes such as over the phone, without having been communicated to all the information, or the information is confusing. As a result, the customer must pay for example for services you did not order and then in the lack of evidence .Therefore, I suggest that when contracting remotely available to the consumer all the information shown, "the material to the government.

Furthermore, referring Members also do not like the automatic renewal of the contract. The proposal envisages that such an extension should automatically disable. "If the customer wishes, or will agree to extend the contract, the contractor shall maintain a record for the entire duration of the contract," say the authors.

Among other unfair practices by them include the fact that the entrepreneur enforces contractual penalty for early termination of fixed-term contracts. Also this type of penalty would be prohibited.

"These measures will significantly improve their customer rights against the operators. Facilitate them to change business and thus there will be a greater competitive business battle for customers. Increased competition will result in improved quality communication services and lower prices," he adds material.

The proposal also responds to alleged unfair practices against other entrepreneurs. "The Czech Republic is the only country in Europe which does not fully-fledged virtual operators. Entrepreneurs in electronic services, who would like to become virtual operators can not with existing mobile operators (owners of mobile networks) agree. Existing mobile operators often conduct artificially lengthen the whole months or years, or a place unreasonable conditions which foreign operators usually not enforce.A final agreement with the virtual operator eventually unreasonably refuse, "state the authors.

Therefore propose a set of measures to prevent existing mobile operators to abuse their position compared with other entrepreneurs.

The proposal provides for an obligation to notify the reasons for the rejection of the agreement.

"These are the reasons which will be available to the Czech Telecommunication Office, and can better fulfill its role of mediator conduct. Because under the provisions of the European regulatory framework is no legal right to contract for access, you can not legally enforce entry of virtual operators in the mobile networks of existing mobile operators. Therefore, at least with the proposed measures can effectively help full virtual mobile operators to join the existing mobile network operators, "adds material to the government.

If successful, it is a virtual operators to offer new services to customers, which would have stirred competition in the telecommunications market, improve service and lower prices.

Material is heading for talks with nominated neutral opinion. Before proceeding to enjoying such support for the Czech Telecommunication Office or the Ministry of Industry and Trade, which he alleges only a few legislative-technical errors. Conversely dissenting opinion on the material joined the Department of Justice, according to which would be a disproportionate interference with private relationships.

Miroslav Kyncl, kyncl@mediafax.cz

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