Translated material
Canons of communication
The state has written rules for cellular network operators
The government decree of May 25 approved the Rules for the provision of mobile communication services, which come into force on July 1, 2005. The document is of a general nature and does not describe the details of the relationship between the subscriber and the operator. However, the latter will have to make a number of changes to their service contracts (service provision rules), and this directly affects the interests of the subscriber. Let us pay attention to those provisions of the rules that are of interest from this point of view.“The relationship between the telecom operator... and the subscriber... on the territory of the Russian Federation is carried out in Russian, including the exchange of short text messages.” Thus, all messages from the operator to subscribers should be received only in Russian. This, however, does not mean that it is mandatory to translate all service SMS from Latin to Cyrillic; text written in translit (Latin) remains written in Russian, regardless of which alphabet - Cyrillic or Latin - is used for this. Many subscribers are annoyed by the Latin alphabet on the display in SMS messages coming from the telecom operator, for example in messages about the bill amount. However, you will have to be patient. The transition to the Cyrillic alphabet is impractical for two reasons: firstly, the maximum length of a message in Latin is reduced by 2.5 times, and secondly, many handsets (for example, from foreign guests of the country) do not understand the Cyrillic alphabet.
“Information about the subscriber that has become known to the telecom operator due to the execution of the contract for the provision of mobile communication services may ... be transferred to third parties only with the written consent of this subscriber, except for cases provided for by federal laws.” By third parties, the government obviously means, among others, organizations interested in the credit history of citizens (the Vremya Novostei newspaper wrote on May 23 that, for example, mobile operators intend to create a unified data bank on debtor subscribers) . In order to provide this opportunity, operators will have to include a corresponding clause in the text of the service agreement. Let us note that recently banks have already begun to include clauses in the texts of client agreements providing for the client’s unconditional consent to the transfer of his credit history to third parties.
“Calling emergency operational services is provided by the telecom operator to each subscriber free of charge and around the clock by dialing a number(s), uniform throughout the Russian Federation for the corresponding service(s).” Finally, there is hope that a universal emergency number will appear on cellular networks. So far, people in trouble have to look for the right number in the phone menu “hardwired” on the SIM card or using their operator’s help desk.
“The contract must indicate the following data: ... the subscriber’s consent (refusal) to use information about him in the information and reference service system.” Today, systems that automate personal work with clients in subscriber services sort the queue depending on the type of connection (a contract subscriber waits less on the line). Based on a number of indirect signs, one can assume sorting by other parameters (account status, average monthly expense, etc.). It seems that paragraph 19 is intended to legitimize this state of affairs.
“The telecommunications operator is obliged ... not less than ten days before the introduction of new tariffs for mobile communication services to notify subscribers about this through the media.” This is an absolute benefit for the media, since information of this kind is placed as advertising. We would venture to assume that it will essentially be an advertisement. In addition, the operator is required to “resume the provision of mobile communication services to the subscriber within three days from the date of receipt of payment from the subscriber or the submission by the subscriber of documents confirming the liquidation of debt for payment for services.” To the delight of our operators, complaints regarding delays in number unblocking can no longer be considered. They will disconnect immediately as soon as the money in the account runs out, and theoretically connect within three days. It is not clear what prevents the operator from taking into account not only the expenditure, but also the inflow of funds in the subscriber’s account with the same speed.
“The subscriber is obliged... within 60 days to inform the telecom operator about changes in personal data,... place of residence (location).” Reasonable. But you can laugh when reading current operator agreements: “The subscriber is obliged to notify the operator in writing within five days from the moment of changing his personal data...” You can imagine a conversation between two subscribers on the eve of the wedding: “No, dear, go on your honeymoon right away.” It won’t work. Let’s wait until Monday, first you need to go to the MTS office and write an application to change your name.”
“The duration of the mobile network connection used to determine the amount of the fee is counted from the first second of the response of the called subscriber or equipment, the response signal of which is equivalent to the subscriber’s response, until the calling or called subscriber or such equipment hangs up. A connection lasting less than three seconds is not taken into account in the volume of mobile services provided.” The introduction of a three-second guard interval is an absolute benefit for the subscriber, but the wording “until the calling or called subscriber hangs up...” is, in some way, a time bomb. Quote from the subscriber's directory: "At the end of any conversation, be sure to press the "End" key on your mobile phone." Operators are well aware that ancient telephone exchanges, when disconnected, send non-standard short beeps into the line, which are not recognized by the equipment as a hang-up signal - the mobile phone continues to be on the air and listen to short beeps. In this case, if you didn’t press the red button, it means you got money (in roaming, big money), and financial claims of this kind are not satisfied by the operator. And now, if you follow the letter of the Rules for the provision of communication services previously approved by the Ministry of Information and Communications, it will be possible to receive bill details from the city telephone network, in which the duration of the call and the moment of disconnection will be recorded. These are potential lawsuits from subscribers to mobile operators.
“The claim is considered by the telecom operator within a period not exceeding 60 days from the date of registration of the claim. The telecom operator must inform the subscriber who submitted it (in writing) about the results of the consideration of the claim. If the claim was recognized by the telecom operator as justified, the identified deficiencies must be eliminated within a reasonable time. If the telecom operator recognizes the subscriber's demands for a reduction in the amount of payment for mobile communication services provided, for reimbursement of expenses for eliminating deficiencies in the work performed on its own or by third parties, as well as for the return of the amount of money paid for services and compensation for losses caused in connection with the refusal to provide mobile communication services, justified, they are subject to satisfaction within ten days from the date of presentation of the claim. If a claim is rejected in whole or in part, or if a response is not received within the time limit established for its consideration, the subscriber has the right to file a claim in court.” Yeah, they've made it up. The operator first considers the claim for 60 days, recognizes it as justified, and then, in full compliance with the law “On the Protection of Consumer Rights,” satisfies it ten days after receipt. To implement such a work scheme, you cannot do without a time machine.
“In case of non-payment, incomplete or untimely payment for mobile communication services, the subscriber shall pay to the telecom operator a penalty in the amount of one percent of the cost of unpaid, not paid in full or late paid mobile communication services, unless a smaller amount is specified in the contract, for each day of delay up to the day the debt is repaid, but not more than the amount due." In simple terms, penalties for an unpaid invoice can theoretically reach the amount of the debt. That is, with a debt of $20, you will in any case not have to pay more than $40, regardless of the length of the debt.
“The issued rules are documents provided for by the Law “On Communications”, which has already entered into force on January 1, 2004. The rules provide significant rights to subscribers, protect the rights of subscribers and oblige operators to provide high-quality, competitive services. A number of rules, for example Rules for the provision of mobile services communications, appeared for the first time in the history of Russia. From the moment of the creation of networks until this year, there were no such rules,” said the head of the Ministry of Information and Communications, Leonid Reiman, a week ago in Baku at a meeting of the council of heads of communications administrations of the regional commonwealth in the field of communications.
In contrast to the recently adopted Rules for the provision of communication services, the Rules for the provision of mobile communication services did not meet with misunderstanding among market participants. “We react absolutely positively to the emergence of rules, since such regulations are important not only for subscribers, but also for the company. Regulatory documents help the operator to operate normally in the market and at the same time protect the subscriber. As for the operator’s obligation to report the introduction of new tariffs ten days in advance, this simply means a shift in deadlines, there is no fundamental difference for us - those who want to copy something or respond to new initiatives are in the same way bound by the obligation of preliminary publication. Necessary changes will be made to the texts of subscriber service agreements. We will bring all documents into full compliance with the new rules,” Yulia Ostroukhova, a public relations specialist at VimpelCom OJSC, told Vremya Novostei.