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Sunday, February 4, 2007

 

SPECIAL REPORT: COMPLAINTS VS. TELCOS

NTC tries to protect customers but. . .

By Darwin G. Amojelar, Reporter

THE National Telecommunications Commission (NTC), the government’s telecom regulator, said the “abuses” of telcos perceived by consumers are not “intentional.”

Danilo O. Cuenca, head of the One-Stop Public Assistance Center (Ospac) and Domestic and International Carrier Services Division of the National Telecommunications Commission (NTC), said it is hard to prove that these so-called abuses are intentional and that they are making money out of these.

He stressed that if there is a complaint against telecom companies the agency always resolves it as swiftly as possible.

“The complaints are mostly filed through telephone and e-mail,” he said.

Cuenca said that text spam, vanishing load and cell-phone theft are the most common complaint of the consumers.

In 2005, only 30 complaints were filed before the NTC.

Anthony Ian M. Cruz, TXTPower spokesman and co-convener, said the small number of complaints filed showed that subscribers do not know where they should file a case.

“There is a lack of information about the NTC. The public is not aware that there is an NTC and what its functions are.”

“The government must protect the consumers. The problem is walang malasakit ang NTC sa publiko,” Cruz said, noting that the agency is very small for the 40 million subscribers in the country.

“May mga nangyayari lang sa complaint kung may Congress or Senate hearings,” he said.

He noted that a simple complaint cannot be accommodated by the commission owing to its manpower limitation.

“Hindi magrereklamo ang subscribers kung alam nila ang gagawin nila,” Cruz stressed.

Nationwide, there are only 15 NTC offices to attend to the complaints of millions of subscribers.

“We urge the NTC to have an information campaign to educate people on the functions of the NTC and on what they are doing to protect the public against erring telcos,” he said.

The consumer group wants the NTC to establish a complaint booth in malls nationwide to attend to complaints.

“The NTC should become proactive. Hindi namin nakikita ngayon’ yun,” he said.

The group also said that one of the concerns of the subscribers is the rising cell-phone theft in the country.

“Marami nang namatay, bakit hindi ma-resolve ng NTC ang ganitong gawain,” Cruz said.

The subscribers don’t know what they should do if their cell phones are stolen, he added. “Malaking responsibilidad ng NTC ’yan, hindi alam ng publiko kung ano ang ginagawa ng NTC,” Cruz said.

“We believe that there is an organize phone theft syndicate here,” he said.

The group recommended to the NTC to talk with the cell-phone manufacturers to put small details on the unit showing the procedure to follow if a cell phone gets lost.

Lucio M. Espinoza Jr., NTC chief of staff, on the other hand, said that the office of the Commissioner has directed its One-Stop Public Assistance Center (Ospac) to be more responsive to the complaints.

“They have been advised to strictly monitor the telcos’ compliance with the Memorandum Circular on text spam messages,” he added.

“We want them to really strictly comply with the existing MCs. Second, we really want to monitor vanishing load complaints. We advised our action centers to make sure that the vanishing load complaints are resolved,” Espinoza said.

He also said that allegations of TxtPower that “abuses” increase the telcos’ profits remains to be seen.

The NTC official said that the agency will be coming up with an information campaign giving the public what their basic rights are in relation to the telcos.

“Basically they have rights to consume what they have bought and the right to have a cheaper telecommunication services,” he said.

“We will also revitalize our Ospac, we intend to launch a commercial campaign educating the public on their rights,” Espinoza added.

Espinoza also disclosed that the NTC is set to issue an order penalizing the two largest telecom companies for violating the circular on text spam.

The NTC also said that the agency barred Smart and Piltel from setting expiration times on free SMS.

“The Commission also intends to call the two other carries Sun and Globe for a discussion. We can have a roundtable discussion on how can we have a definite action or guidelines as far as the expiry issue is concerned together with Txtpower,” Espinoza said.

At present, Sun and Globe have expiration dates, he added.

“We want to seek their help upon the request of Txtpower, if we can erase the expiry of free text,” Espinoza said.

Text spam. Diminishing load. Dropped calls. Unexplained billings. What should subscriber do?

Cuenca said that subscribers with complaints should go first to the customer service representatives of the cell-phone service provider or directly to the agency.

He said the agency has a complaint center for cell-phone subscribers: the Ospac in Agham Road, Diliman, Quezon City.

“We want to tell to the public that filing a complaint against telecom companies is no longer hard to do. They can download the form in the NTC website www.ntc.gov.ph and file it to the agency for verification,” he said.

Cuenca said that filing a complaint takes only 5 to 15 minutes.

The NTC official said consumers who want to report SMS spam should go to the NTC Central Office (or a nearby regional office), fill up a complaint form and show the cell phone containing the alleged text spam message.

“After they file the complaint, the NTC will send a letter to the telco to explain,” he said.

For lost or stolen cell phone, consumers need to go to the NTC office and present their affidavit of ownership and loss; two valid Identification Cards (IDs) such as passports, driver’s license, company/school ID, TIN, SSS/GSIS ID; proof of ownership such as receipts of purchase, owner’s certificate, barcode sticker from the box and a police report in the absence of any proof of ownership.

There have been efforts to address mobile-phone subscribers’ woes with laws.

There are bills filed with Senate and Congress seeking to resolve the problems of consumers.

These measures are House Bills 717 and 934 by Rep. Judy Syjuco of Second District, Iloilo; HB 1485 by Rep. Oscar Malapitan of First District, Caloocan City; HB 2452 by Rep. Gilbert Remulla of Second District, Cavite; HB 2654 by Rep. Augusto Baculio of Second District, Misamis Oriental; HB 3407 by Rep. Joseph Santiago of Catanduanes; and HB 3475 by Rep. Clavel Asas-Martinez of Fourth District, Cebu.

Five of these bills contain provisions that would effectively lower call rates, particularly by proposing to depart from the existing per minute, rounded off rates being charged by telecommunications firms.

HBs 1485 and 2654 propose that charges for cellular-phone calls be based on a 30-second increments as against the existing one-minute increment.

HBs 2452 and 3407, on the other hand, seek to require telecommunications companies to change the billing rate of cellular-phone calls to per six seconds of actual use, while HB 3475 seeks to require these companies to change the call rate to a per-second basis of actual use.

HB 2654 proposes to extend the validity of prepaid call cards to one year from date of initial use. HB 3407, on the other hand, provides that prepaid cards should not be invalidated until fully consumed.

Moreover, HB 2654 pushes for the registration of cellular-phone units and their corresponding Subscriber Information Module (SIM) cards with cellular mobile telephone system providers to prevent the use of stolen cell phones.

Edgardo Cabarrios, director for common carrier and in the authorization department of NTC said that the registration of SIM card is the only way to resolve the text spam.

He, however, said that this was opposed by TxtPower because of the issue of privacy.

For transparency, HBs 2654, 2452 and 3407 seek to require telcos to provide subscribers with a detailed billing statement, such as breakdowns on charges passed on to the consumers. This requirement is the same for both prepaid and post-paid accounts.

These bills are still pending.

Cabarrios recalled that in August 2000, the NTC issued Memorandum Circular 13-6-2000, ordering telcos to adopt pulse charging, to extend the validity of call cards of prepaid subscribers to one year from date of initial use and registration of SIM cards, but it was opposed by the telcos.

The Ayala-controlled Globe with its unit Isla Communications Co., Smart and Pilipino Telephone Corp. received a favorable ruling on their petition to the Quezon City Regional Trial Court for injunction against the NTC circular.

The case is still pending.

   
 

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Ping Oco, Franklin Bartolay
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