How the proposed new EU telecommunications laws will affect the Maltese consumer and communication service providers raised quite a lot of interest according to feedback sent to the Ministry for Infrastructure, Transport and Communication.
Issues such as tracking data via so-called cookies on users’ computers, the terms of service contracts to consumers and the fees that providers have to pay to the authorities were raised in the responses to the call for feedback on a consultative document issued by the ministry on the transposition of the European Union Framework for Electronic Communications.
This framework, adopted by the Council of Ministers in December 2009, has to be transposed into Maltese law and key changes are being proposed to the local legislation pertaining to the Malta Communications Authority, electronic communications network services and related regulations.
Seven submissions were received from the Consumers Association of Malta, Dr Albert Caruana, eBay EU Liaison Office, Go, Melita, Vanilla Telecoms and Vodafone Malta.
The Consumers Association proposed that Parliament should have the final say in the appointment of the MCA chairman and the members of the board with a view to introducing increased transparency of the designation process.
The Association also proposed that the MCA should be afforded ex post powers to decide on all competition and consumer issues in the electronic communications sector.
While the Association welcomed the provision that the Authority would have new power to impose backdated fines, Melita and Vodafone expressed their concern, out of fear that this would “give rise to procrastination by the Authority in commencing administrative proceedings”.
The Consumers Association noted with satisfaction that the obligation to provide subscribers with a contract had been extended to incorporate all undertakings (business organisations) providing a public communications network and/or service. The Association also suggested that the Authority should be empowered to prohibit the use of unfair contractual clauses in such contracts.
Melita expressed its concerns with regards to the current consumer complaints handling procedure in the electronic communications sector and suggested an option for consumers to seek a remedy directly from the Consumer Claims Tribunal.
Go proposed an amendment that would require the Authority to start accompanying its proposed decisions/actions, with a regulatory impact assessment or a regulatory options exercise, with a view to strengthening the “principles of good governance”.
Melita objected strongly to the Authority’s new power to oblige undertakings to provide the necessary information for it to be able to establish a detailed inventory of the facilities installed on, over or under public or private property, and make such information available to interested parties.
The formula used to establish the administrative charges to be paid on annual basis by service providers was contested by Go, Vanilla and Vodafone Malta, on the grounds that they are excessive. Vanilla requested that the fees be “exclusively sales based”, and suggested that the fixed fees be abolished or substantially reduced
Unsurprisingly enough the amendments to the Maltese communications laws that elicited the most comments concerned end user rights.
Go and Melita commented that the amount of information being proposed for inclusion in contracts is excessive on the grounds that it would be cumbersome on service providers and may also discourage consumers from reading the contract.
Melita listed several objections. It disagreed with the new obligation requiring service providers to include, as part of the service description provided in their contracts, any limitations resulting from content rights. The company argued that undertakings have little or no control over such content. On the other hand, the Consumers Association praised this new obligation and looked forward to its implementation. Melita also disagreed with the new requirement on undertakings to inform consumers regarding their right to lodge disputes which are not satisfactorily resolved via the dispute resolution procedure of the undertaking, before the MCA.
The same operator also objected to the drawing up of contracts for specific offers or promotions outlining all the information already included in the standard general contracts.
Melita said it’s not “environmentally friendly” to have all information on products and services ready in printed format in its outlet, while it contested the obligation to provide its subscribers with a basic level of itemised bill, free of charge and through their preferred medium, on the grounds that the company “should be entitled to charge its customers in case of requests for printed itemised statements”.
Melita also expressed reservations on the new provision empowering the Authority to require an undertaking suspected of having billing irregularities, to carry out an independent audit of its billing system. On the contrary, the Consumers Association agreed with this new provision on billing.
Go suggested that the provision outlining a subscribers’ right to terminate a contract at any time through simple means be amended to specify that this does not exonerate subscribers from any penalty charges that may apply over and above any termination charges.
In response to the proposed minimum list of service quality levels the three main operators in Malta seem to agree that there should be more flexibility as the nature of disruptions varied and that force majeure or catastrophic network breakdowns should be excluded. Melita recommended that the obligation to ‘take all necessary measures to ensure the fullest possible availability of service’ in the event of catastrophic network breakdown or in cases of force majeure should be limited to “what is reasonable in the circumstances”.
Go and Melita both questioned the minimum period of five years for which undertakings are required to retain an e-mail address, following termination of the internet service by a subscriber, prior to allocating it to a new subscriber, and suggested a two-year time limit.
eBay, the international online auction site, submitted its views with regards to the proposed amendments which now require that the user’s consent is obtained prior to the storing of information or the gaining of access to information stored in the device of the subscriber or user. eBay suggested that the mechanism used to allow users to give their consent should be “as user-friendly as possible and harmonised throughout the EU”.
Dr Albert Caruana called for a better coordination of the legislation regarding misuse of voice and data, and for legislative amendments to address certain lacunas being abused by criminals to carry out cyber attacks.