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Letter
Ottawa, 24 October 2003
File No: 8665-C12-200307365
By fax and e-mail
Mr. Michael Janigan
Executive Director,
Public Interest Advocacy Centre
1204 - 1 Nicholas Street
Ottawa ON K1N 7B7
Dear Mr. Janigan
Re: Consumer Bill of Rights, Telecom Public Notice CRTC 2003-6
Pursuant to the process set-out in Consumer bill of rights, Telecom Public Notice CRTC 2003-6, 13 June 2003, attached are the Commission's interrogatories.
The Consumer Groups identified in the letter of 27 August 2003 from Pippa Lawson, are requested to provide responses to the attached interrogatories to the Commission and to serve copies on all interested parties, no later than 26 November 2003. Responses are to be actually received, and not merely sent, by this date. Where interrogatories request proposed wording for the Consumer Bill of Rights, the Consumer Groups are reminded to provide it in plain language.
Yours sincerely,
original signed by
Mario Bertrand
Acting Director,
Consumer Affairs
Attach.
Telecom Public Proceeding CRTC 2003-6 Consumer Groups (CRTC) 27Oct2003
Consumer Bill of Rights
CRTC Interrogatories
For all interrogatories requesting proposed wording for the Consumer Bill of Rights, the Consumer Groups are reminded to provide wording in plain language.
101 Would there be a benefit in including a definitions section in a Consumer Bill of Rights that would provide a brief description of key terms?
a. If not, why not?
b. If yes, please propose the terms and associated wording for each definition to be included.
102 Propose revised wording for a Consumer Bill of Rights section on privacy rights that divides this section into two sub-sections of:
a. callers' privacy rights
b. called parties' privacy rights.
103 Propose revised wording regarding the termination or disconnection of service in separate sub-sections for:
a. consumer initiated termination of service
b. telephone company initiated termination of service.
104
a. Provide your views on whether the CBOR should apply to both business and residential customers or to residential customers only. If your view is that the CBOR should also apply to business customers, to what extent should it apply? If not all businesses, to which ones should the CBOR apply? Provide a definition of the "business customer" to whom the CBOR should apply. Provide full rationale for your views.
b. Provide the changes, if any, that you would make to the draft CBOR you have submitted if it were to apply to:
i) all business customers
ii) any more limited category of business proposed in a. above.
105 In the following sections of their proposed Consumer Bill of Rights, the Consumer Groups refer to specific charges:
i) section 1 "Consumers have the right to reasonable access to basic telephone service";
ii) section 4 "Customers have the right to privacy of their personal information";
iii) section 9 "Consumers have the right to pay up-front charges of $45 or more by instalment; and
iv) section 19 "Consumers are entitled to have disputed 900 service charges waived the first time they dispute such charges".
Provide your views, with full rationale, as to whether the Consumer Bill of Rights should include specific amounts or a reference to a tariff or other source. If the latter, specify the reference(s).
106 Propose the different methods by which the Consumer Bill of Rights could be made available to consumers.
107 In section 2 "Consumers have the right to choice among services and service providers", the Consumer Groups propose that consumers who switch local service providers within a local area have the right to keep their existing telephone number, except in locations where number portability has not yet been implemented. How do the Consumer Groups reconcile this statement with the Terms of Service provision that customers do not have any property rights in telephone numbers? Provide full details and, if you wish, revised wording for this section.
108 In Section 1 "Access to Service" the Consumer Groups list the services to be included in basic telephone service.
a. Provide rationale for including each of the services listed given that Telephone Service to High-Cost serving Areas, Telecom Decision CRTC 99-16, 19 October 1999 states that this list of services is an objective.
b. Provide a reference to the source of each service as a right.
109 In section 1.c "Access to Service", the Consumer Groups propose wording that states that the telephone companies must provide basic telephone service unless a consumer does not pay its share of the construction costs ($1,000 + any costs exceeding $25,000) where facilities do not already exist.
a. How, if at all, is this right affected by a Service Improvement Plan (SIP) rollout schedule that:
i) schedules the extension of service to some areas covered by the SIP several years in the future; or
ii) does not include a particular locality in the SIP
b. If the Consumer Bill of Rights is affected by a situation outlined in a., propose revised wording for section 1.c.
110 In section 7 "Consumers have the right to control access to their premises", the Consumer Groups propose wording that states that "[t]he telephone company cannot enter a consumer's home outside normal working hours".
a. Provide the rationale for the distinction between "premises" and "home" as used in the Consumer Group proposed right for access to premises.
b. What constitutes "normal working hours"?
c. Given that the telephone companies must obtain approval to enter a consumer's premises (except in emergencies or pursuant to a court order), provide the rationale for the use of "normal working hours" instead of "reasonable hours" as used in the Terms of Service.
If, in view of the Consumer Groups' responses to the above, the Consumer Groups wish to submit revised wording for section 7, please do so, including a reference to the source of the right.
111 In section 8 "Payment", the Consumer Groups propose that consumers should have the right to make payments in cash. Provide a reference to the source of this right.
112 In section 10 "Security deposits earn interest, and must be refunded with interest to the consumer when service is terminated or when the conditions justifying the deposit no longer exist", the Consumer Groups reference the Terms of Service for information on deposits. Propose wording for a consumer's right to not provide a deposit unless the specific conditions described in the Terms of Service require them to do so. Include the consumer's right to provide alternatives to deposits.
113 In Section 12 "Complaint and Dispute Resolution Process" the Consumer Groups propose wording for a consumer's right to full and accurate information regarding rules relevant to an inquiry or complaint. Provide the rationale for and a reference to the source of this right.
114 In Section 13 "Consumers have a limited right to redress when they have been wronged by the telephone company", the Consumer Groups have not made a distinction between the different time limits for recurring and non-recurring overbilled charges. Propose wording which includes this distinction.
115 In Section 13, "Consumers have a limited right to redress when they have been wronged by the telephone company", the Consumer Groups reference the Terms of Service for more information on the right to redress. Propose wording for consumers' rights to refunds in cases of service problems. Provide a reference to the source of this right.
116 In section 13 "Consumers have a limited right to redress when they have been wronged by the telephone company", the Consumer Groups propose wording that states that the telephone company's liability is not limited in cases of deliberate fault or gross negligence. Propose revised wording that incorporates the limitation period in section 72 of the Telecommunications Act.
117 In Section 14 "Consumer Information", the Consumer Groups propose wording regarding the right to the following categories of information:
i) information regarding rates, terms and conditions of telephone services must be generally accessible to consumers.;
ii) a company representative must be able to provide consumers with such [consumer privacy and complaints handling] information over the phone;
iii) all information for consumers should be in plain language; and
iv) all bill statements, invoices and notices must include a telephone number at which a knowledgeable company representative can be reached.
a. Provide a reference to the source of these rights.
b. Define the term "generally accessible" as it is used by the Consumer Groups in i) above.
c. Provide the rationale for including the right to the inclusion of a telephone number referred to in iv) above.
118 In Section 14 "Consumer Information", the Consumer Groups propose wording regarding the consumer's right to "all relevant information" before entering into a contract for service. Provide a detailed description of all relevant information which the Consumer Groups propose be provided to consumers prior to entering into a contract for service. Provide as well a reference to the source of the right.
119 In Section 16 "Consumers have the right to reasonable advance notice of rate increases and other important service charges", the Consumer Groups propose that consumers be given at least 30 days advance notice of rate increases or other significant changes to their service. Provide a reference to the source of this right. Provide your views on the form that such notice should take. Provide your views on how this right would work when the finalization of an interim rate results in a change effective the date of the interim decision.
120 In section 17 the Consumer Groups propose that consumers have a right to a paper bill at no additional cost. Provide a reference to the source of this right.
121 Provide a reference to the source of the right proposed in Section 18 "Consumers have the right to be informed about current telecommunications fraud and scams, and about how to avoid them".
122 The Terms of Service provide that in the case of an error or omission by the telephone company, it is to provide certain remedies. They also provide that if the telephone company changes a customer's telephone number, it is to do so under certain circumstances and with certain remedies. Propose wording for inclusion of such rights in the Consumer Bill of Rights
123 In the Companies' section "Who to Contact", they propose wording for contact information for both the telephone company and the CRTC.
a. In your view, would it be beneficial to include contact information for both the telephone company and the CRTC in the Consumer Bill of Rights?
b. If so, propose wording to be included in the Consumer Bill of Rights and suggest where and how this information should be included.
124 References to Internet service have been made in various parts of the Consumer Groups' proposed Consumer Bill of Rights. Clarify the types of Internet service (e.g.: dial-up, low-speed broadband, high-speed broadband, access, etc.) to which the Consumer Groups are referring in each case.
125 Propose wording for a section in the Consumer Bill of Rights setting out the rights of consumers with disabilities to specific services, as approved by the CRTC.
126 Propose wording to be included in a preamble to the Consumer Bill of Rights which would include the purpose and intent of the Consumer Bill if Rights.
Date Modified: 2003-10-24
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