29.9.2014. 1 (14) hakom © 2014 harmonized end user’s rights marina ljubić karanović croatian...
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29.9.2014.1 (14)HAKOM © 2014
Harmonized End User’s Rights
Marina Ljubić Karanović
CROATIAN REGULATORY AUTHORITY FOR NETWORK INDUSTRIES
29.9.2014.2 (14)HAKOM © 2014
END USER’S RIGHTS IN THE TSM PROPOSALEND USER’S RIGHTS IN THE TSM PROPOSAL
COMPARISON BETWEEN HARMONIZED PROPOSAL AND THE CURRENT LEGISLATION – CROATIAN EXAMPLECOMPARISON BETWEEN HARMONIZED PROPOSAL AND THE CURRENT LEGISLATION – CROATIAN EXAMPLE
CONCLUSIONCONCLUSION
CONTENT
DIFFERENCE BETWEEN FULL AND MINIMUM HARMONIZATIONDIFFERENCE BETWEEN FULL AND MINIMUM HARMONIZATION
29.9.2014.3 (14)HAKOM © 2014
DIFFERENCE BETWEEN FULL AND MINIMUM HARMONIZATIONDIFFERENCE BETWEEN FULL AND MINIMUM HARMONIZATION
CONTENT
END USER’S RIGHTS IN THE TSM PROPOSALEND USER’S RIGHTS IN THE TSM PROPOSAL
COMPARISON BETWEEN HARMONIZED PROPOSAL AND THE CURRENT LEGISLATION – CROATIAN EXAMPLECOMPARISON BETWEEN HARMONIZED PROPOSAL AND THE CURRENT LEGISLATION – CROATIAN EXAMPLE
CONCLUSIONCONCLUSION
29.9.2014.4 (14)HAKOM © 2014
European single market proposal for electronic communications – Telecoms single market regulation (TSM)
Full harmonization – the same regulation for every country
Minimum harmonization – Universal service Directive changes
Do we need full harmonization?
Every country has it’s differences
Importance of NRA role in consumer protection regulation
FULL AND MINIMUM HARMONIZATION
29.9.2014.5 (14)HAKOM © 2014
END USER’S RIGHTS IN THE TSM PROPOSALEND USER’S RIGHTS IN THE TSM PROPOSAL
CONTENT
COMPARISON BETWEEN HARMONIZED PROPOSAL AND THE CURRENT LEGISLATION – CROATIAN EXAMPLECOMPARISON BETWEEN HARMONIZED PROPOSAL AND THE CURRENT LEGISLATION – CROATIAN EXAMPLE
CONCLUSIONCONCLUSION
DIFFERENCE BETWEEN FULL AND MINIMUM HARMONIZATIONDIFFERENCE BETWEEN FULL AND MINIMUM HARMONIZATION
29.9.2014.6 (14)HAKOM © 2014
Elimination of restrictions and discrimination in using the services banning the public authorities to limit services providing banning of any discriminatory limitation imposed by operators
in providing services
Cross-border dispute resolution availability of dispute resolution regardless of the country
within the EU
Transparency and publication of information clear information about the operator, business conditions,
service quality, price and other fees clear information about services for people with disabilities
END USER’S RIGHTS IN THE TSM PROPOSAL
29.9.2014.7 (14)HAKOM © 2014
Commission’s right to introduce methods for measuring Internet speed access
NRA obligation to make for consumers an independent assessment tool for choosing the best tariff
Information about personal data protection, warnings about refraining from sending illegal content, instructions on how to use safely Internet services
Information requirements for contracts detailed information about the service, conclusion and termination
of subscription
END USER’S RIGHTS IN THE TSM PROPOSAL
29.9.2014.8 (14)HAKOM © 2014
Control of consumption consumption information, limit settings information about consumption when it reaches the 80% of the
limit itemized bill information about the price of premium rate services
Contract termination subscription contracts 24/12 months right to terminate the contract with a 30 days notice period breach of contract – only payment for the value of given devices or other convenience banning of tacit contract extension - prior notice to end users prior notice about changes to the terms of using the services –
right to terminate the contract
END USER’S RIGHTS IN THE TSM PROPOSAL
29.9.2014.9 (14)HAKOM © 2014
less speed Internet access and reduced quality of the service – right to terminate the contract
contracting additional services – banding the renewal of initial contract terms unless the price is higher
Bundled offers at least one electronic communication service in the offer - TSM
rules on contract termination
END USER’S RIGHTS IN THE TSM PROPOSAL
29.9.2014.10 (14)HAKOM © 2014
COMPARISON BETWEEN HARMONIZED PROPOSAL AND THE CURRENT LEGISLATION – CROATIAN EXAMPLECOMPARISON BETWEEN HARMONIZED PROPOSAL AND THE CURRENT LEGISLATION – CROATIAN EXAMPLE
CONTENT
CONCLUSIONCONCLUSION
DIFFERENCE BETWEEN FULL AND MINIMUM HARMONIZATIONDIFFERENCE BETWEEN FULL AND MINIMUM HARMONIZATION
END USER’S RIGHTS IN THE TSM PROPOSALEND USER’S RIGHTS IN THE TSM PROPOSAL
29.9.2014.11 (14)HAKOM © 2014
Croatia already has all the proposed measures
Measures are implemented taking into account the particularities of the Croatian market and end user experience
Mobile broadband regulation – Croatian specificity: try & buy period (2 days) possibility to exclude the use of certain public communications
services (data traffic) instructions on how to protect user accounts from unauthorized
use of broadband access free of charge information about the use of the contracted
amount of the tariff package, tariff model and tariff option advertisement rules for mobile networks possibility of contract termination without paying the fee
COMPARISON – CROATIAN EXAMPLE
29.9.2014.12 (14)HAKOM © 2014
CONTENT
DIFFERENCE BETWEEN FULL AND MINIMUM HARMONIZATIONDIFFERENCE BETWEEN FULL AND MINIMUM HARMONIZATION
END USER’S RIGHTS IN THE TSM PROPOSALEND USER’S RIGHTS IN THE TSM PROPOSAL
CONCLUSIONCONCLUSION
COMPARISON BETWEEN HARMONIZED PROPOSAL AND THE CURRENT LEGISLATION – CROATIAN EXAMPLECOMPARISON BETWEEN HARMONIZED PROPOSAL AND THE CURRENT LEGISLATION – CROATIAN EXAMPLE
29.9.2014.13 (14)HAKOM © 2014
Minimum harmonization
Regulation freedom
Best output for end users and operators
CONCLUSION
