In connection with the problems that have been arisen and the frequent complaints that have been received in the Communications Regulation Commission regarding the replacement of the “clients’ platform” of MTel and the subsequent delay in the delivery of invoices by the operator, we would like to announce the following:

 

In the Communications Regulation Commission have been received 12 complaints from subscribers of the mobile operator for untimely receipt of invoices. For each complaint the Commission is performing check-ups in the two-month lawful period. In case of undertaking’s infringement, the regulator will impose administrative-penal liability on MTel according to its competence.

 

Some of the complaints, received by the consumers, concern the clauses for automatic contracts renewal, which are included in the contracts by all mobile operators. The regulator has repeatedly stated its explicit and unequivocal position in an opinion addressed to the undertakings that these should not be included in the contracts. After referral to the Commission for Consumer Protection (CCP) by the CRC, the clauses for automatic contracts renewal were eliminated from the scope of the General Conditions of the operators and at present the same are included only in the individual contracts. It should be noted that the CRC has no legal powers to exercise control with respect to the particular content of the individual contracts for provision of services, including with regard to the clauses related to the grounds for termination of contracts, as well as the cases, in which a penalty is due. The legislator has regulated only in the provision of Art. 228 of the Law on electronic communications the statutory requisites that an individual contract should contain, but with respect to the essence of the separate clauses of the contract, in the Law it is not stipulated for the CRC to interfere in and to keep track of this. Only the respective Bulgarian Court has the competence to interfere as regards to the action and respectively – termination of a certain contract. Another state authority, which in conformity with its powers might exercise assistance, is the Commission for Consumer Protection.

 

The Communications Regulation Commission is in a constant dialogue with the competent institutions and structures of the civil society and always cooperates within its powers. In relation to this, on 11.01.2011 (Tuesday), we received a letter from the Commission for Consumers Protection with a request for assistance in carrying out joint inspections. We are glad that our colleagues also respond to the problems arisen for the subscribers of the mobile operators and we declare our readiness to help in implementation of their legal powers, as we shall take part in the examination of the complaints that have been received in the CCP.

 

The Communications Regulation Commission remains faithful to the cause of the Bulgarian consumer as its main priority is the provision of electronic communications services of the highest quality and competitiveness for the Bulgarian citizens.