1 The Telecommunications Consumer Board The Telecommunications Complaints Board International Seminar on Dispute Resolution Scenario in the Telecom Sector, New Delhi, India October 29th, 2004 Helle Röd,

2 The Background for the Boards In November 1990 the Danish Parliament approved the first laws which lead on to the full liberalization of the telecommunications market. In 1991 the first competitor on the GSM-mobile market got a license to operate beside the former monopolist Tele Denmark. In 1995 and 1996 the first competitors on the fixed network market started to operate in Denmark.

3 A package of six liberalization laws took effect from July 1,1996 and the two settlement Boards were born. The use of settlement Boards is very common in Denmark. The Boards can be set up by law or on initiative of for example The Danish Consumer Council and the respective branch organizations. A common feature and a benefit of the Boards is that the parties will get a decision of the dispute for a lot less money - and normally a lot faster, too - than if they had brought the case to court.

4 Decisions taken by the National IT and Telecom Agency (NITA) can be brought before the Boards. The Boards are created so they will be out of reach of instructions from the Minister for Science. The competitors on telecom market are ensured objective decisions and at the same time the complaints over decisions taken by the agency got off the Minister's desk.

5 Each of the 2 Boards consists of seven members appointed for periods of four years. The Boards represents expertise in legal and financial, in market-related and consumer fields as well as telecommunications technology. The chairperson and the vice-chairperson shall be law graduates.

6 Complaints regarding decisions made by NITA must be submitted to the Boards within 4 weeks. As far as it is possible, the decisions of the Board shall be made no later than three months after the date on which the complaints were submitted to the Board. The decisions of the Boards cannot be brought before other administrative authorities, but can of course be brought to court. The Minister for Science makes secretarial assistance available to the Boards.

7 The Danish State defrays all expenses related to the activities of the Boards. The expenses are covered by the number charges collected by the state from providers who have been or are being assigned numbers, number series or addresses by NITA. The Telecommunications Consumer Board collects a fee of 150 DDK (about 24 $) The Telecommunications Complaints board collects a fee of DDK (about 645 $). The fee is paid back if the complainer wins the case fully or partly.

8 The Telecommunications Consumer Board The majority of disputes are subscriber's complaints over NITA's decisions in disputes between an end-user and a provider of networks or services. For instance complaints over recording of, payment for or usage of networks or services. Complaints over NITA's decisions in disputes between an end-user and a provider of networks or services are given suspensive effect. The Board may demand all information necessary to decide the case. At request the information shall be given in writing or verbally at a board meeting.

9 THE ABOLITION OF THE TELECOMMUNICATIONS CONSUMER BOARD In the legislation from July 1, 2000 the Parliament gave the Minister for Science the power to decide to abolish the Telecommunications Consumer Board in case an alternative complaint structure was established. On July 25, 2003 the consumer complaints were transferred from NITA and the Telecommunications Consumer Board to a new private consumer board in the telecommunications business sector. This board was established with a structure already used in Denmark by the Insurance Complaint Board and by the Financial Services Complaints Board.

10 The Danish State lowered the number charges when the new board was established. To keep the numbers of complaints down the telecom companies made an agreement that each case which was brought for the new board should cost the company involved 7000 DDK (about 1130$). On December 1, 2004 the Telecommunications Consumer Board will be abolished. In our opinion the "battlefield" will be left to the new private Board with telecom companies that have changed their attitude towards subscribers.

11 THE TELECOMMUNICATIONS COMPLAINTS BOARD The types of disputes within the Board's sphere are many. The main part of the complaints has to do with new legislation and might be seen as "tests" of NITA's handling of authority in new areas, ex. access to the raw copper, the LRAIC-method, Issuing of Radio Frequencies, Radio Equipment and Telecommunications Terminal Equipment and Electromagnetic Matters. At times there can be a very hard pressure on the Secretariat and the Board to keep the 3-month handling regulation.

12 WHAT HAVE THE BOARDS OBTAINED SO FAR? Every year before April 1 each of the Boards has to send the Minister an annual rapport, which describe praxis and illustrate in "short stories" some of the more principal cases handled during the year. In the rapport the Boards will point out legal, technical or other problems, which is observed through the year. Over the years the Boards have given the Minister several recommendations about changing of legal rules in different areas. The Board's footprints can been found in several sections in the Danish telecommunications law.

13 If the complainer wants a second opinion of the case, the decision of The Telecommunications Complaints Board may be brought before the courts not later than eight weeks after the date on which the decision was communicated to the party concerned. In the 8 years the Board has existed, only two decisions have been brought to court. None of these decisions had to do with "heavy" telecommunication issues nor was a large amount of money involved.

14 In general it is my impression that the market players, NITA, the Minister and the Ministry hold the Board in great respect. It makes life a little easier for everyone involved when the market players do not have to wait years for a judgment but can get a conflict solved - maybe not in a hurry - but a lot faster than what could be expected from the civil court, and still on the same high level as a judgment. As a side effect from the decisions, the market players can be sure of the Board members' critical eyes when finding inappropriateness or failures in Acts, executive orders or in NITA's handling of a case.