New ComReg rules to fight overcharging

dahamsta

New ComReg rules to fight overcharging
Wednesday, August 25 2004
by Matthew Clark

ComReg has announced new proposals to ensure that Irish telecoms firms don't overcharge customers, a problem that has become evident in recent months.

Ireland's Commission for Communications Regulation said that it plans to alter the so-called General Authorisation framework, or the code that allows telecoms firm to operate in Ireland. Until July 2003, Irish telecoms were required to obtain a licence, but the General Authorisation framework allows such firms to provide communications services merely by informing ComReg of their intention to do so.

Several changes have been proposed for the framework -- which also includes rules that providers must adhere to -- but what stands out most is one that requires firms to provide accurate bills to customers.

ComReg's proposed change comes after it emerged in early August that Eircom had overcharged 31,500 customers some EUR409,000 over several years, while only weeks earlier it was revealed that both Vodafone and O2 had overcharged customers who used mobile phones while abroad. It transpired that O2 overcharged around 136,000 customers to the tune of EUR722,000 and Vodafone overcharged 22,436 customers by EUR147,739.

Though ComReg has already introduced a Code of Practice to help fight overcharging, the proposed measures go a step further by making accurate billing a core requirement for operating in Ireland. If the new rules are put into place, a telecom that breaks them could, in theory, have their right to operate taken away.

[...]

I like the "in theory". That phrase alone puts ENN at the forefront of accurate technology reporting. ComReg's punishments seem to run to wagging fingers and slightly raised voices.

NAUGHTY EIRCOM!

adam

jwt

dahamsta wrote:

I like the "in theory". That phrase alone puts ENN at the forefront of accurate technology reporting. ComReg's punishments seem to run to wagging fingers and slightly raised voices.

NAUGHTY EIRCOM!

adam

You could just imagine the conversation

COMRUG : Eh..hello hello ..excuse me Mr. EIRCON?

Silence

COMRUG : Eh..hello?

EIRCON : What? What! Just a f**king minute!

COMRUG : Emm..ok

Pause of several hours

COMRUG : Emmm hello?

EIRCON : Don’t tell me your still here! What the F**k do you want?

COMRUG : Emm.. well….. see…..

EIRCON : Speak up!

COMRUG : Well…. We’ve heard that theirs the possibility of a chance that you could possibly , totally accidentally of course, maybe have overcharged your customers by just the tinniest amount.
Nothing we would normally bother you esteemed self about naturally .
But, well unfortunately, and we mean absolutely no disrespect by this honest, we have to bring this trivial inconsequential matter to you attention.

EIRCON : How dare you!
How dare you accuse us the mightiest of mighty, the absolute rulers of telecoms, the giver of copper, the giver of communications, the lifeblood itself of Ireland.
We are no mere industry mortals, we are INFALLABLE!

COMRUG : Yes..yes… of course O mighty one.
Humblest apologies.
But we have no alternative, we are obliged by these scurrilous regulations.
Left to our own free will we would never raise this indelicate matter.

EIRCON : So what exactly do you think you are going to about it?
What possible means of punishment do you think you are justified in handing out?

COMRUG : Well while there are many sanctions avail………..

EIRCON : Sanctions! F**king sanctions!
How about we sanction your wallet with our size twelve’s!

COMRUG : Oh absolutely sirs, we remember the hand that feeds us.
Let their be no doubt about our true loyalties O King of Kings.
By sanctions we of course meant a token gesture not even a gesture really, actually forget the token bit as well.
Come to think of it we don’t even need to trouble you with some paperwork.
Really we don’t need to be here.
Em sorry for troubling you and wasting your time.

EIRCON : Damm straight.
Get out of our offices and see to it that you do not disturb our mighty work again!

COMRUG : Thank you, thank you, thank you

Departs the scene as fast as possible while mentally polishing up the press release.

Eircon has been found guilty….Oh God no..they’ll kill us
Eircon will be instructed to…..yeah right
We have discovered….sounds good so far…some minor discrepancies…..yeah yeah no mention of fraud so far…..and have been assured …..well kind of….that this won’t happen again….unless somebody discovers it…and because we trust Eircon ….see we are mentioning Eircon in the positive bit of the statement…we not do feel it necessary to investigate any further….damm right our arses are still sore from the last time.

COMRUG : OK job done…..now what next.

COMRUG scurries to their hidey hole once more victorious in their own tiny mind.



John

eircomtribunal

jwt wrote:

COMRUG : Eh..hello hello ..excuse me Mr. EIRCON?

Silence

John, that is the most marvellous illustration of what happens when a regulator is not given teeth: it'll discard its spine.

Jamie, in his article in the IT today mentions the impossible possibilities ComReg currently have: They can give useless fines up to 3500 euros, or – theoretically – kill the telco by taking its licence away. The scenario you've pictured is the result.

P.

jwt

So either a slap on the wrist or a corporate execution, well the latter would definitely stop recidivism :rolleyes:

John

damien

eircomtribunal wrote:

John, that is the most marvellous illustration of what happens when a regulator is not given teeth: it'll discard its spine.

Jamie, in his article in the IT today mentions the impossible possibilities ComReg currently have: They can give useless fines up to 3500 euros, or – theoretically – kill the telco by taking its licence away. The scenario you've pictured is the result.

P.

They had the teeth before with the ability to fine as a % of turnover and they never once did it.

Who cares the monetary amount, even fining 5 euro would be a message that they are watching and won't allow foul play. If they had bottle they could say "Right, we're trying to kick their ass but the fines are too low, help us Mr. Minister"

Did they do this ? Did they F%%*

eircomtribunal

On the old Eircomtribunal.com website we carried a contribution of somebody who knew the working conditions from the inside and some of his arguments are still valid and worth a look at. The full text is at the bottom of this link: http://www.eircomtribunal.com/letter_etain.html



"4. Given the foregoing, it is hardly surprising that, until very recently, the ODTR's enforcement powers were a joke - they ranged from the derisory (a £1,500 fine) to the suicidal (taking away eircom's licence). The former was akin to taking a pea-shooter to an elephant. The latter is wildly impractical - you cannot shut down an entire country, start a constitutional crisis and utterly wreck this country's reputation - just to apply a regulatory sanction.


5. Further, there is an inherent contradiction between our mandate and the
legalistic parameters within which the ODTR is asked to operate. On the one hand, we are supposed to act fast and deliver early. This is particularly true of the Internet side of the ODTR. On the other hand, the ODTR is also required to always move in lock-step with the delays of a commercial legal court system. That system is a cynical playing field where rival private companies grind each other down in expensive wars of attrition. It's a bit like being asked to sprint in leg-irons. For instance, we operate mostly in fear of an administrative law challenge - lest it could ever be argued that the ODTR has ignored or given short-shrift to any sector opinion. Effectively, we need the entire industry's permission to move - every step of the way. This overly-consultative mindset is imposed on us. This is not the stuff of leadership. It is akin to leadership by referenda. Ludicrous in government - and no less so for the ODTR. This devotion to legal due process is commendable when our fundamental freedoms are at stake (not that Ireland is exactly at the forefront there) - but this devotion to unturning every legal stone in advance is sheer misplaced pedantry when no personal freedoms are at stake; and when the greater good of the Irish people is dependent upon our being freed up to move quickly. Effectively, it amounts to asking eircom for reasons why things cannot progress. Naturally, once the ODTR has officially absorbed those reasons - invariably hyped up and unbelievably complex (mixing up detailed PhD level network engineering arguments with complex economic and pricing arguments) - then the ODTR is immediately on the back foot, trying to sort out the beef from the bull."

Understanding why things are as they are is not excusing them or excusing the regulator for not asking for the appropriate powers (but then perhaps he did, and all he got was the belated and crappy O'Rourke legislation).


P.

jwt

That’s scary reading

The authors blogsite is worth a read, particularly the bit on plain English campaigns.

John