Article 55 Fair Dealing Practices
55.1 A service provider shall only charge a user for the specific telecommunications services or equipment that the user has ordered. The user shall have no liability to pay for any telecommunications services or equipment that the user has not ordered.
55.2 No service provider shall switch a user from one service provider to another service provider without the prior written consent of the user, and the user shall have no liability to pay for any telecommunications services provided by a service provider, where the user has not requested such services in writing. Where a payment has already been made, the Commission may direct the service provider to repay it to the user forthwith.
55.3 A service provider that has engaged in switching a user without the user’s prior consent shall bear all costs incurred to switch the user back to the user’s original service provider.
55.4 Service providers shall provide users, on a regular basis, with clear, fair and accurate written invoices that comply with this Bylaw, Terms of Service if applicable, their conditions of license and Commission decisions. Except in case of a billing dispute, service providers shall retain accurate records of all user invoices for a period of 6 months from their billing date and make them available to the Commission upon request.
55.5 Where the Commission has a concern about a problem relating to billing practices, it may require service providers to publish information on billing and billing practices or take such other steps relating to their billing practices as the Commission may consider appropriate.
55.6 No service provider shall make, or cause to be made, any false or misleading claim or suggestion regarding:
a ) The availability, price or quality of its telecommunications service or equipment; or
b ) The telecommunications service or equipment of another service provider
55.7 A claim or suggestion is misleading if, at the time it was made, the service provider knew or reasonably ought to have known that it was false or misleading in any material respect or that it was reasonably likely to confuse or mislead the person to whom it was made.
55.8 Where it appears to the Commission that any such claim or suggestion was made, it may require the service provider to show cause why it should not be found to be in violation of this Article. If it is not convinced of the cause presented by the service provider, it may refer the matter to the violations committee.
55.9 No service provider shall engage in telemarketing of telecommunications services unless it:
a ) Discloses, at the beginning of the telephone communication, the identity of the service provider on whose behalf it is made and the precise purpose of the communication;
b ) Discloses, during the communication, the full price of any product or service that is the subject of the communication;
c ) Discloses any other information that the Commission may require to be disclosed; and
d ) Discloses that the called person shall have an absolute right to cancel the agreement for purchase or lease of any product of service within seventy two (72) hours of the communication, by calling a specific telephone number that the calling person shall provide during the communication
55.10 The Commission may, by decision, regulate or prohibit the use by any person, whether or not that person is a service provider, of the telecommunications network of a service provider to provide unsolicited telecommunications, to the extent that the Commission considers it necessary to promote the objectives identified in Commission Statutes.
Article 56 Confidentiality of User Information
56.1 A service provider shall not disclose information other than the user’s name, address and listed telephone number to anyone without the user’s written consent or unless disclosure is required or permitted by the Commission or by law to another legally authorized public authority.
56.2 A service provider's liability for disclosure of user information contrary to this Article shall be determined in accordance with Chapter 13 of this Bylaw.
56.3 Upon request, users are permitted to inspect any service provider’s records regarding their service. Users shall have the right to require that any user information contained in their records that they can demonstrate is incorrect, be corrected or removed.
56.4 All user-specific information, and in particular billing-related information, shall be retained by a service provider only for billing purposes and retained only for so long as it is required by the laws of the Kingdom.
56.5 Nothing in this Bylaw shall be interpreted to prohibit or infringe upon the rights of concerned government agencies to exercise their rights to access otherwise confidential information relating to a user. Such access shall be made in accordance with the laws of the Kingdom.
Article 57 Confidentiality of User Communications
57.1 Service providers shall take all reasonable steps to ensure the confidentiality of user communications in accordance with Article Nine of the Act.
57.2 Service providers shall not alter or modify a user communication.
57.3 For the purposes of tracing and locating a source of harassing, offensive or illegal calls;
a ) A user may request that the Commission authorize a service provider to monitor calls to the user’s telephone;
b ) The Commission or other duly authorized authority in the Kingdom may direct a service provider to monitor calls to and from a user’s telephone and the service provider shall comply with any such direction;
c ) The service provider shall provide the Commission the information resulting from its monitoring of the user’s telephone, including the telephone numbers that are the source of the harassing, offensive, or illegal calls and the dates of occurrence of such calls and their frequency; and
d ) The Commission may undertake any appropriate action to protect the public from harassing, offensive or illegal calls in accordance with the Commission statutes, and if necessary refer the matter to the appropriate authorities for further action
Article 58 Protection of Personal Information
58.1 A service provider shall be responsible for user information and user communications in its custody or control and in that of its agents.
58.2 A service provider shall operate its telecommunications facilities and telecommunications network with due regard for the privacy of its users. Except as permitted or required by law, or with the consent of the person to whom the personal information relates, a service provider shall not collect, use, maintain or disclose user information or user communications for any purpose.
58.3 The purposes for which user information is collected by a service provider shall be identified at or before collection, and a service provider shall not, subject to this Article, collect, use, maintain or disclose user information for undisclosed purposes.
58.4 Service providers shall ensure that users’ information is accurate, complete and up to date for the purposes for which it is to be used and that user information and user communications are protected by security safeguards that are appropriate to their sensitivity.
Article 59 User Complaints
59.1 Service providers shall establish a separate division to receive complaints of users other than service providers. Service provider shall endeavour to eliminate the causes of complaints that are related to the quality or the method of providing the service and billing problems.
59.2 Service providers shall establish procedures to deal with complaints of users other than service providers. The procedures, and any amendments thereto, shall be subject to the Commission’s approval. The procedures shall be published in a suitable manner that is approved by the Commission.
59.3 Where there is a dispute between a service provider and a user that the parties cannot resolve amicably, the user may file a complaint with the Commission for resolution.
59.4 Complaints under this Article must request resolution of all outstanding issues in dispute.
59.5 Complaints shall be in writing and shall set out the facts and the relief requested. The user shall not be required to provide a copy of the complaint to the service provider.
59.6 The Commission shall render its decision as to whether the complaint is justified or not within ten (10) days of the filing of the complaint. The Commission may dismiss a complaint promptly if it determines that the complaint is frivolous or vexatious.
59.7 If the Commission considers that the appeal warrants investigation, it shall deliver a copy to the service provider. The service provider shall deliver a response within five (5) days or such longer period of time as the Commission may specify.
59.8 The Commission shall deliver the response of the service provider to the user. The user shall answer the service provider’s response in writing within five (5) days or such additional amount of time as the Commission may allow.
59.9 The Commission may deal with the complaint on the basis of the written materials before it, or may require further information from one or both of the parties. The Commission shall issue a decision within thirty (30) days of the receipt of the response from the user, or notify the parties within that time that it requires additional time to issue its decision.
59.10 Service providers shall not disconnect or otherwise change any of the services then being provided to a user during the time for which they are the subject of a complaint by that user, without a decision from the Commission.
59.11 The Commission, if it deems that, according to Article Thirty Eight of the Act, a violation has occurred, may refer the matter to the violations committee.
Article 60 Continuity of Service
60.1 In the event that:
a ) A service provider’s license is not renewed, is suspended or is revoked pursuant to a Commission statute; and
b ) The Commission, having consulted concerned parties, and in compliance with the Commission statutes, determines that the demand for the same or substantially the same telecommunications services cannot otherwise be reasonably accommodated, then
The Commission shall make arrangements to ensure continuity of service to users of the former service provider’s services in accordance with this Article
60.2 If the former service provider has not made prior arrangements to switch all of its users to other service providers, it shall co-operate with the Commission and other licensees to arrange for such transfers, to the extent possible.
60.3 If the former service provider has remaining users at the date on which its license is to expire, to be suspended or to terminate, the Commission may by decision allow it a temporary license extension to operate its telecommunications network for a period not to exceed one year, solely to permit the former service provider to fully wind up and terminate its operations.
60.4 In the event that the Commission decides to permit a temporary license extension, it shall be subject to the condition that the former service provider:
a ) Except as set out below, not extend or expand contracts or other arrangements with any other licensee;
b ) Not solicit or accept new users or extend or expand contracts or other arrangements with existing users;
c ) Use its best efforts to sell all of its telecommunications network assets to an eligible purchaser at fair market value. Any sale shall be completed within the one year temporary license extension period; and
d ) Any additional conditions that the Commission may impose by way of decision in order to ensure continuity of service to users
60.5 The Commission shall have the right to amend or not to impose any of the conditions referred to in paragraph 60.4 of this Article.
Article 61 No Unjustified Discrimination
61.1 Unless otherwise specifically permitted by or pursuant to this Bylaw, universal service providers and dominant service providers shall offer all users the same Terms of Service, unless different terms are objectively justified, based on differences in supply conditions, including different costs or a shortage of available facilities or resources. This prohibition shall apply as between:
a ) End users of the services;
b ) Users who rely on services from a universal service provider or a dominant service provider, in order to provide telecommunications services to other users; and
c ) Users and the universal service provider or the dominant service provider itself
61.2 The prohibition against unjustified discrimination shall apply to:
a ) The tariffs charged;
b ) The quality of service provided;
c ) The time within which requested service is made available; and
d ) Any other conditions that the Commission may establish, in consultation with a universal service provider or a dominant service provider and other concerned parties
61.3 Where any discrimination is shown, the universal service provider or the dominant service provider shall be obliged to justify it to the satisfaction of the Commission, or to cease the discrimination immediately upon receipt of a decision from the Commission.
Article 62 User Information Obligations
62.1 A dominant service provider shall at all times maintain on its official web site, the following information:
a ) Its tariffs;
b ) the official web site, official electronic address and official location of the Commission, together with a clear statement that the service provider is regulated by the Commission under the Commission statutes and that users and other service providers may contact the Commission if they are unable to resolve disputes with the service provider; and
c ) An easy to follow navigation system on the service provider’s official web site, that allows a user to locate the information set out in this Article
62.2 A dominant service provider shall also maintain current paper copies of a schedule of its current tariffs at all business offices. These shall be made available for public inspection, without charge, during normal business hours.
62.3 Unless the Commission decides otherwise, a dominant service provider shall provide, upon request and without charge, paper copies of its schedule of tariffs to any user who requests them.
62.4 If a dominant service provider proposes increases in its tariffs, it shall notify users of the proposed changes, in any manner set out in a decision of the Commission.
Article 63 Terms of Service
63.1 The Commission may issue a decision requiring one or more universal service providers or dominant service providers to submit draft Terms of Service to the Commission for approval. The decision shall specify the schedule for preparation, approval and implementation of the Terms of Service.
63.2 Draft Terms of Service must be consistent with the Commission statutes and shall include reasonable obligations on the part of the universal service provider and the user in the provision and use of telecommunications services.
63.3 The Commission shall approve all draft Terms of Service with or without changes, after consultation with universal service providers, dominant service providers and other concerned parties, as determined by the Commission. Once approved, these Terms of Service will replace any existing similar documents then in use by a universal service provider.
Article 64 Information on Terms of Service
64.1 A universal service provider shall at all times maintain on its official web site, the following information:
a ) The current version of its Terms of Service;
b ) All of its approved and proposed tariff changes which have been filed with the Commission;
c ) the official web site, official electronic address and official location of the Commission, together with a clear statement that the service provider is regulated by the Commission under the Commission statutes and that users and other service providers may contact the Commission if they are unable to resolve disputes with the service provider; and
d ) An easy to follow navigation system on the universal service provider’s official web site, that allows a user to locate the above information
64.2 A universal service provider shall maintain current paper copies of its Terms of Service and all of its approved and pending tariffs at all business offices. These shall be made available for public inspection, without charge, during normal business hours.
64.3 A universal service provider shall include the current version of its Terms of Service in the introductory pages to every telephone directory published by it or on its behalf.
64.4 A universal service provider shall provide, upon request and without charge, paper copies of its schedule of approved tariffs to any user who requests them.
64.5 If a universal service provider proposes changes to its tariffs, it shall notify users of the proposed changes, in any manner set out in a decision of the Commission.
Article 65 Telephone Directories
65.1 A universal service provider shall provide users with a telephone directory in accordance with terms and conditions as the Commission may from time to time direct, including terms and conditions related to:
a ) Tariffs;
b ) Distribution to users;
c ) Information contained in user listings and rules for unlisted numbers;
d ) Collection and privacy of information obtained for directories;
e ) Correction of entries and liability for incorrect entries; and
f ) Reference of call service for incorrect and changed numbers
65.2 The Commission shall consult with the affected universal service provider in establishing terms and conditions for telephone directories.
Article 66 Billing
66.1 The billing rules set out in this Article shall apply to universal service providers and may apply to dominant service providers, if the Commission so decides. The Commission may issue a decision to apply the rules to a universal service provider or a dominant service provider, subject to such changes or conditions as the Commission determines appropriate in the circumstances of the service provider.
66.2 Users shall be responsible for paying for all calls originating from, and charged calls accepted at, their telephones, regardless of who made or accepted them. Users may dispute charges for calls, which they do not believe originated from, or were accepted at, their telephones. If the users are not convinced by the solutions offered by the service provider, then they may apply to the Commission in accordance with the dispute resolution procedures detailed in this Bylaw.
66.3 A universal service provider shall provide its users with a clear explanation of all charges in its invoice. All invoices shall clearly state the date on which payment is due and which shall be at least thirty (30) days after the billing date. The billing date shall be stated on the invoice and the user shall be given a reasonable amount of time to settle the said invoice. The time periods specified in this Article may be amended by a decision of the Commission after consultation with the universal service provider.
66.4 A universal service provider shall provide its users, at no additional charge, with invoices that clearly indicate the following information:
a ) Non-recurring charges;
b ) Recurring subscription charges, by individual service;
c ) Usage sensitive charges;
d ) Separate charges payable to separate service providers where such charges are covered by the invoice;
e ) Where two or more services are sold on a bundled basis on condition that they are priced at a discount, the discount that is applicable; and
f ) Any charges applicable to the provision of the service
66.5 A universal service provider shall provide its users with invoices at least quarterly, or on a more frequent basis if ordered by a decision of the Commission, which shall not be rendered without prior consultation with the universal service provider.
66.6 A universal service provider shall offer its services separately and is prohibited from requiring any user to obtain any service that it does not require in order to be eligible to receive any other service.
66.7 The Commission may, at a future date, by decision rendered after consultation with the universal service provider, establish credit conditions for the provision of services to users.
66.8 A user shall not be required to pay a previously unbilled charge except where the charge is correctly billed within a period of one hundred and fifty (150) days, or such other period as the Commission decides, from the date it was incurred. If the user is unable to pay the full amount owing, the universal service provider shall attempt to negotiate a deferred payment agreement that is reasonable in the circumstances. A user shall be entitled to a credit for charges that should not have been billed or that were over-billed.
66.9 Except as provided in this Article, the time for disputing any charges on a universal service provider’s invoice shall be ninety (90) days from the billing date, as shown on the bill, or such other time as the Commission decides. Users shall pay the undisputed portion of the invoice.
66.10 Where a user wishes to dispute an invoice, it shall:
a ) call the universal service provider toll-free number for user complaints and disputes, which shall be set out in that universal service provider’s Terms of Service, included in all telephone directories and publicized in a manner that the Commission may, by decision, require of the universal service provider;
b ) If that process does not resolve the dispute, the user shall then be entitled to write to the universal service provider’s department for handling user complaints and disputes. The location of that department shall be set out in the universal service provider’s Terms of Service included at the front of all telephone directories and publicized in a manner that the Commission may, by decision, require of the universal service provider. The department shall reply in writing within ten (10) days of receipt of the complaint. The reply shall either accept the complaint and take necessary action to correct it, or shall give reasons why the complaint is not accepted; and
c ) A user may then appeal any complaint that is not accepted by the service provider to the Commission, in accordance with Article 72 of this Bylaw
Article 67 Quality of Service
67.1 The rules regarding quality of service set out in this Article shall apply to universal service providers and may apply to dominant service providers, if the Commission so decides. The Commission may issue a decision to apply the rules to a universal service provider or a dominant service provider, subject to such changes or conditions as the Commission determines appropriate in the circumstances of the service provider.
67.2 A universal service provider shall provide telecommunications services that meet specific quality of service standards. These standards shall be developed by the Commission in consultation with each universal service provider and may be included in the universal service provider’s license or established by decision of the Commission.
67.3 The Commission reserves the right to amend, add or delete quality of service standards, following consultation with the affected universal service provider.
67.4 When quality of service standards have been established, a universal service provider shall deliver written reports to the Commission each quarter, in a form established by the Commission. The reports shall set out the universal service provider’s actual results for each quality of service standard.
67.5 Where any quality of service report indicates that a standard has not been achieved, the universal service provider shall provide an explanation as to why the standard was not achieved and what specific steps it has taken or intends to take to correct the problem.
67.6 The Commission shall advise the universal service provider within thirty (30) days of receipt of any quality of service report, whether it accepts the explanation provided for any standard that was not achieved. If the Commission does not reply within thirty (30) days, the explanation provided is deemed accepted.
67.7 If the Commission does not accept the explanation, it shall issue a decision setting out the additional steps that the universal service provider shall take and the time within which those steps shall be taken. The Commission shall also issue a decision ordering what, if any, additional reporting requirements the universal service provider shall adhere to, until the standard is achieved.
67.8 When a universal service provider files a quality of service report or any additional related material with the Commission, it shall also publish the report on its official web site. Upon receipt of a quality of service report or any additional related material from a universal service provider, the Commission shall also post the report on its official web site.
67.9 Where the Commission concludes that it is in the public interest, it may require a universal service provider to publish in one or more newspapers, all or parts of its quality of service reports and Commission reporting requirements.
Article 68 Access to User Premises
68.1 Subject to this Article, a universal service provider’s service obligations shall extend to the installation, operation, maintenance and repair in good working order of all telecommunications facilities that are owned by the universal service provider and located on the user’s property.
68.2 A service provider shall have the right to enter a user’s premises or property if its telecommunications facilities are located within the user’s premises, and only upon the following conditions:
a ) The service provider has given the user notice that is reasonable in the circumstances;
b ) The service provider dispatches only properly identified and qualified personnel;
c ) The service provider has received the consent of the user for such access; and
d ) The service provider personnel interfere as little as possible with the user’s activities and premises
Article 69 Liability, Refunds and Damages
69.1 If a universal service provider is not negligent, its liability to a user shall be limited where there are omissions, interruptions, delays, errors or defects in transmission, or failures or defects over its telecommunications facilities. In those cases, liability shall be limited to a refund of charges, in accordance with a decision to be issued by the Commission.
69.2 The Commission may issue a decision establishing additional rules related to liability, refunds and damages for all service providers, including universal service providers and dominant service providers.
Article 70 Suspension and Termination of Service by a Service Provider
The Commission may issue a decision to establish the terms and conditions under which a service provider shall have the right to suspend or terminate a user’s service for breach of the user’s obligations. These terms and conditions may be set out in a service provider’s Terms of Service, and shall take into account the following circumstances:
a ) Failure to pay an account that is past due;
b ) Failure to provide or maintain a reasonable deposit if one is required;
c ) Failure to comply with the terms of a deferred payment agreement;
d ) use of a service provider’s services for a purpose or in a manner that is contrary to the Act or for the purpose of making annoying or offensive calls;
e ) Interference with equipment provided by a service provider;
f ) Failure to provide payment when requested by the service provider in circumstances in which it is reasonable to conclude that the user intends to defraud the universal service provider;
g ) The existence of legitimate billing disputes between customers and service providers and the process for resolving such disputes; and
h ) Other terms and conditions that the Commission considers appropriate
Article 71 Suspension and Termination of Service by a User
71.1 A user who gives a service provider thirty (30) days’ notice, may terminate its service after the expiry of any minimum contract period. In such cases, the user shall pay all charges due for service, which is furnished to the end of the termination date.
71.2 Before the expiry of any minimum contract period, a user may terminate its service by paying the full charges for the entire minimum contract period.
71.3 Before the expiry of any minimum contract period, a user may also terminate its service in the following circumstances:
a ) In the event of the death of the user during the minimum contract period, the next of kin may be given the option, within thirty (30) days of the death of the user, to assume the rights and responsibilities of the user in accordance with the customs of the Kingdom;
b ) Where the user’s premises are destroyed, damaged or condemned by reason of fire or other causes beyond the user’s control, so that they must be abandoned, in which case the termination is effective from the date the universal service provider is notified;
c ) Where a user replaces a service provider’s service with another service provider’s service, in which case the termination is effective from the date of the replacement, subject to the terms of the universal service provider’s tariffs and the terms of any written contract for the service; or
d ) Where a user’s service is taken over, without lapse, by a new user at the same location, in which case the termination with respect to the original user is effective from that date. However, if the new user discontinues any of the original service, the original user must pay the full charge for such discontinued service for the entire minimum contract period
Article 72 User Complaints
72.1 Where there is a dispute, that the parties cannot resolve, between a user who is not a service provider and a universal service provider, the user may file a complaint with the Commission for resolution of any of the following matters:
a ) The access to, or quality of, telecommunications service provided or offered by a universal service provider;
b ) The financial obligations that a universal service provider intends to impose or has imposed on the user as a condition of obtaining or continuing to obtain service, including any disputed user invoice;
c ) The disconnection or reconnection of service by a universal service provider;
d ) The interpretation of the contract or agreement between the parties;
e ) The interpretation of, or applicability of, any Commission-approved tariff;
f ) The treatment of the user’s confidential information by a universal service provider; or
g ) Any other matter that is within the jurisdiction of the Commission
72.2 No complaint shall be brought under this Article until:
a ) The parties to the dispute have negotiated in good faith for a minimum period of fifteen (15) days and have been unable to reach agreement; or\
b ) Until the conduct of the universal service provider has made it clear that further negotiations will not be productive
72.3 Complaints under this Article must request resolution of all the issues in dispute.
72.4 Complaints shall be in writing and shall set out the facts and the relief requested. The user shall not be required to provide a copy of the complaint to the universal service provider.
72.5 The Commission shall render its decision as to whether the complaint is justified or not within ten (10) days of the filing of the complaint.
72.6 If the Commission considers that the appeal warrants investigation, it shall deliver a copy to the universal service provider. The universal service provider shall deliver a response within five (5) days or such longer period of time as the Commission may specify.
72.7 The Commission shall deliver the response of the universal service provider to the user. The user shall answer the universal service provider’s response in writing within five (5) days or such additional amount of time as the Commission may allow.
72.8 The Commission may deal with the complaint on the basis of the written materials before it, or may require further information from one or both of the parties. The Commission shall issue a decision within fifteen (15) days of the receipt of the response from the user, or notify the parties within that time that it requires additional time to issue its decision.
72.9 Universal service providers shall not disconnect or otherwise change any of the services then being provided to a user during the time for which they are the subject of a complaint by that user, without a decision from the Commission.
72.10 The Commission shall submit the complaint to the violations committee when it believes that a violation has occurred under Article Thirty Eight of the Act if:
a ) One of the parties is fundamentally right;
b ) One of the parties has committed a violation mentioned in the Act
72.11 The Commission may require payment of a fee in accordance with Article Ten (b) of the Ordinance to be paid by either party to the Commission in connection with the investigation and resolution of complaint.
Article 73 Future Regulatory Requirements
Notwithstanding anything contained in this Chapter, and where required by public interest, where a provision is applicable to fewer than all service providers, the Commission may, by decision, apply the provision to all, or named, service providers. The Commission shall only make such a decision where:
a ) It concludes that user complaints justify such action;
b ) It concludes that it would advance the objectives of Article Three of the Act; and
c ) It has undertaken prior consultation with affected service providers