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Developing a Telecommunications Ombudsman

Developing a Telecommunications Ombudsman. Rosalind Stevens-Strohmann Operator Policy Forum 15 March 2001. Ombudsman: purpose of consultation (1).

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Developing a Telecommunications Ombudsman

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  1. Developing a Telecommunications Ombudsman Rosalind Stevens-Strohmann Operator Policy Forum 15 March 2001

  2. Ombudsman: purpose of consultation (1) RVTD Regulation 37 requires Director General to ensure that: “fair, transparent accessible, timely and inexpensive procedures are in place to address disputes between users and operators providing either a fixed public telephone service and/or a fixed public telephone network.”

  3. Ombudsman:purpose of consultation (2) • White Paper (December 2000) states that OFCOM: “should ensure that there is effective and accessible machinery for consumer redress, in the form of an ombudsman or something similar, if action by the industry does not meet this need.”

  4. Objectives of consultation • Explore practicalities and feasibility of setting up Ombudsman scheme • Encourage extension of membership and scope on voluntary basis in anticipation of OFCOM

  5. Ombudsman consultation - timetable • Condoc published 15 March • Consultation period ends 15 June • Public workshop planned for late April/early May • Oftel Statement 20 July • Implementation working group to set up scheme by April 2002

  6. What is an Ombudsman? • Key criteria: • Independence • Effectiveness • Fairness • Public Accountability

  7. Ombudsman’s role • Initial, informal facilitation in disputes • but, where this fails: • Provide alternative dispute resolution with powers of investigation. • Consumer must have exhausted all company’s internal complaints procedures prior to approaching ombudsman

  8. Scope of Ombudsman • Regulation 37 of RVTD covers fixed voice telephony, fax, and dial up Internet access • But consultation encourages voluntary membership - removes need for OFCOM to set up scheme • Draft EU directive requires scheme to ensure all communications related disputes settled fairly and promptly - with provision for reimbursement/compensation

  9. Enforcement of Ombudsman’s decision • Consultation proposes enforcement by Articles of Association of Ombudsman company • But Oftel has fall back position for cases under RVTD Regulations

  10. Funding (1) • Must be simple, transparent and equitable • Include start up costs and ongoing costs • Options include: • 50/50 split: general levy and case fees • General levy only • All costs financed through case fees

  11. Funding (2) • Apportion costs: • according to market share • according to “member pays” principle • Differential charging, based on, eg: • initial enquiries • found in favour/found against • step changes to reflect enquiries/cases, etc.

  12. Equality of access • Treat consumers as individuals • Consider disability, ethnicity, learning difficulties etc • Costs not prohibitive: needs good practice and outsourcing where practicable

  13. Some issues for consultation • Value of dispute to be handled • Encouraging voluntary membership • Funding options • Ensuring equal access

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