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29.9.2014. 1 (14) HAKOM © 2014 Harmonized End User’s Rights Marina Ljubić Karanović CROATIAN REGULATORY AUTHORITY FOR NETWORK INDUSTRIES.

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Presentation on theme: "29.9.2014. 1 (14) HAKOM © 2014 Harmonized End User’s Rights Marina Ljubić Karanović CROATIAN REGULATORY AUTHORITY FOR NETWORK INDUSTRIES."— Presentation transcript:

1 29.9.2014. 1 (14) HAKOM © 2014 Harmonized End User’s Rights Marina Ljubić Karanović CROATIAN REGULATORY AUTHORITY FOR NETWORK INDUSTRIES

2 29.9.2014. 2 (14) HAKOM © 2014 END USER’S RIGHTS IN THE TSM PROPOSAL COMPARISON BETWEEN HARMONIZED PROPOSAL AND THE CURRENT LEGISLATION – CROATIAN EXAMPLE CONCLUSIONCONCLUSION CONTENT DIFFERENCE BETWEEN FULL AND MINIMUM HARMONIZATION

3 29.9.2014. 3 (14) HAKOM © 2014 DIFFERENCE BETWEEN FULL AND MINIMUM HARMONIZATION CONTENT END USER’S RIGHTS IN THE TSM PROPOSAL COMPARISON BETWEEN HARMONIZED PROPOSAL AND THE CURRENT LEGISLATION – CROATIAN EXAMPLE CONCLUSIONCONCLUSION

4 29.9.2014. 4 (14) HAKOM © 2014 European single market proposal for electronic communications – Telecoms single market regulation (TSM) Full harmonization – the same regulation for every country Minimum harmonization – Universal service Directive changes Do we need full harmonization?  Every country has it’s differences  Importance of NRA role in consumer protection regulation FULL AND MINIMUM HARMONIZATION

5 29.9.2014. 5 (14) HAKOM © 2014 END USER’S RIGHTS IN THE TSM PROPOSAL CONTENT COMPARISON BETWEEN HARMONIZED PROPOSAL AND THE CURRENT LEGISLATION – CROATIAN EXAMPLE CONCLUSIONCONCLUSION DIFFERENCE BETWEEN FULL AND MINIMUM HARMONIZATION

6 29.9.2014. 6 (14) HAKOM © 2014 Elimination of restrictions and discrimination in using the services  banning the public authorities to limit services providing  banning of any discriminatory limitation imposed by operators in providing services Cross-border dispute resolution  availability of dispute resolution regardless of the country within the EU Transparency and publication of information  clear information about the operator, business conditions, service quality, price and other fees  clear information about services for people with disabilities END USER’S RIGHTS IN THE TSM PROPOSAL

7 29.9.2014. 7 (14) HAKOM © 2014  Commission’s right to introduce methods for measuring Internet speed access  NRA obligation to make for consumers an independent assessment tool for choosing the best tariff  Information about personal data protection, warnings about refraining from sending illegal content, instructions on how to use safely Internet services Information requirements for contracts  detailed information about the service, conclusion and termination of subscription END USER’S RIGHTS IN THE TSM PROPOSAL

8 29.9.2014. 8 (14) HAKOM © 2014 Control of consumption  consumption information, limit settings  information about consumption when it reaches the 80% of the limit  itemized bill  information about the price of premium rate services Contract termination  subscription contracts 24/12 months  right to terminate the contract with a 30 days notice period  breach of contract – only payment for the value of given devices or other convenience or other convenience  banning of tacit contract extension - prior notice to end users  prior notice about changes to the terms of using the services – right to terminate the contract END USER’S RIGHTS IN THE TSM PROPOSAL

9 29.9.2014. 9 (14) HAKOM © 2014  less speed Internet access and reduced quality of the service – right to terminate the contract right to terminate the contract  contracting additional services – banding the renewal of initial contract terms unless the price is higher Bundled offers  at least one electronic communication service in the offer - TSM rules on contract termination END USER’S RIGHTS IN THE TSM PROPOSAL

10 29.9.2014. 10 (14) HAKOM © 2014 COMPARISON BETWEEN HARMONIZED PROPOSAL AND THE CURRENT LEGISLATION – CROATIAN EXAMPLE CONTENT CONCLUSIONCONCLUSION DIFFERENCE BETWEEN FULL AND MINIMUM HARMONIZATION END USER’S RIGHTS IN THE TSM PROPOSAL

11 29.9.2014. 11 (14) HAKOM © 2014 Croatia already has all the proposed measures Croatia already has all the proposed measures Measures are implemented taking into account the Measures are implemented taking into account the particularities of the Croatian market and end user experience particularities of the Croatian market and end user experience Mobile broadband regulation – Croatian specificity: Mobile broadband regulation – Croatian specificity:  try & buy period (2 days)  possibility to exclude the use of certain public communications services (data traffic)  instructions on how to protect user accounts from unauthorized use of broadband access  free of charge information about the use of the contracted amount of the tariff package, tariff model and tariff option  advertisement rules for mobile networks  possibility of contract termination without paying the fee COMPARISON – CROATIAN EXAMPLE

12 29.9.2014. 12 (14) HAKOM © 2014 CONTENT DIFFERENCE BETWEEN FULL AND MINIMUM HARMONIZATION END USER’S RIGHTS IN THE TSM PROPOSAL CONCLUSION COMPARISON BETWEEN HARMONIZED PROPOSAL AND THE CURRENT LEGISLATION – CROATIAN EXAMPLE

13 29.9.2014. 13 (14) HAKOM © 2014 Minimum harmonization Regulation freedom Best output for end users and operators CONCLUSION

14 29.9.2014. 14 (14) HAKOM © 2014 marina.ljubickaranovic@hakom.hr

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