CoE /ARB Workshop On Development ICT Competition Policies Rabat – Morocco, 9 – 11 May 2012

1. CoE/ARB WorkshopOnDevelopment ICT Competition Policies Rabat – Morocco, 9 – 11 May 2012 Competition and consumer

2. Agenda I- Competition versus consumer protection II- Consumer protection policy III Consumer protection mechanisms : ▪ Regulationenforcement ▪ Universal service, numberportability and qualityof service ▪ Information and transparency ▪ Good governance ▪ Consumer empowerment ▪ Investigating complaints VII- Moroccanexperience

3. Competition versus consumer protection In theory the introdution of competitionisdesigned to provide a good service withlowerprice and a high level of quality of service, but competitioncould lead to exclusion of consumers if they are not protectedfromunfairterms and practices. → a need for consumer protection policy : enhancing consumer welfare

4. A consumer protection policy A clair framework and a certain number of mechanisms to further the interest of users and customers and ensure consumer protection. • It meansthose actions and mechanismstaken by regulaors or governments to acheive consumer welfare and protectconsumersfromunfair practices. • It includes the generalframework of consumer protection but also a specificregulationfromregulators of telecomsindustry

5. Consumer protection mechanisms :Regulationenforcement Is self-regulationenough ? • Approaches of consumer protection : a general frame work but alsoa specificlegalframework or codes of conducts ; • Set up of codes of conducts and guidelines to regulate the relationshipsbetween service providers and consumers , Obligations in licenses.

6. Mechanisms to protect consumerEmpowerment of consumers • Transparent information to facilitatemakingdecision an informedchoices (contracts, general conditions, etc….) ; • An easy, acceptable cost and shortest possible time to complete number portability (a clair numberportabilityprocess) ; • Exchange of information using a direct dialogue : (forums, workshops, associations, etc….) to exercice theirrights; • Transparency on tariffs ( ex : ofcomruns a schemethat invites pricecomparisonwebsites to have theirsystemsapproved by ofcom’sauditor to ensurethatconsumers have confidence that the tariffinfromation the publish are reliable, accurate and accessible) ; • Enable consumer to make effective decision and to defendtheirrights.

7. Mechanisms to protect consumerGood governance • Enhancing interaction withconsumers to understandproblems ; • Concertation withconsumers in decisionmakingwithin associations, organisations and consumer groups ; • Right to participate to consultations to givetheir point of viewconcerningconsumer’sissues. Examples: Consumer Forum Communications in UK , France.

8. Mechanisms to protect consumerInformation and transparency • Tariffstransparency : Price comparison ; • Clair infromation (contracts, prices, Billing,etc….) ; • Access to comparable information on services and Qos ; • Mis leading advertising : advertisements must be legal, decent, honest and truthful in the way providers sell their products and services.

9. Mechanisms to protect consumerAccess to the universal service • A large definition and content of universal service; • Implementinguniversal service obligation for disabledusers ; • Access to telecommuniactions in rural areas ( 9200 lacal areas in Morocco 2009-2011).

10. Mechanisms to protect consumerQuality of service • QoS measurements on all services (fixed internet wireless lines); • Market survey on telecoms users satisfaction ( it includes line quality, geographical coverage of mobile networks, time taken to resolve problems and repair faults, etc…);

11. Mechanisms to protect consumerDealingwith and handling complaints • A procedure to handle consumer complaints (hot number, complaints service) • Mediationbetween consumer and operators (french experiencewith the Mediateur and Ukexperiencewith Alternative Dispute Resolution (ADR) schemes : (CISAS) the Communications and Internet Services Adjudication Scheme and Ombudsman services who are approved by Ofcom : customers of communications companies have the right to take certain complaints to these services ombudsman if the company fails to resolve the problem. • A chart in which providers, regulators and users are adhering ; • Araiseawarness of consumers ; • A chart in which providers, regulators and users are adhering ; • Araiseawarness of consumers.

12. The Moroccanexperience

13. Consumer protection policy in Morocco • In addition to thosemechanismslistedhereinbefore; • Consumers' right to referral to the ANRT for anticompetitive practices ; • Individualized monitoring of consumer complaints plus consumer barometer ; • Information of the public through its website on telecommunications regulation and decisions taken by the ANRT ; • Auditing of the billing system of operators in case of problems with invoices and respond to consumer complaints (2008 and 2010) ; • Regulation of advertising; • Revising contracts.

14. Barometer of consumers : Figures 2009 and 2010 This barometer is to achieve the following objectives : Make a finding of actual complaints and measures the use of ANRT for solving problems faced by consumers ; Analyze consumer complaints and establish a topology of complaints following specific criteria ; Propose areas of improvement for a better guarantee of the interests of consumers of telecommunications services. Regulation on the advertising of telecommunications services

15. Analysis of Consumer Complaints by source of complaints

16. By subject of complaints

17. By reasons for complaints

18. Regulation on the advertising of telecommunications services • Decision taken by on the ANRT on 2007 related to conditions of advertising of telecommunications services : • This decision is intended to : - Preventive measure to avoid litigation; - Harmonization of the method of advertising between operators and suppliers in terms of the content of ads ; - Establishing a clear baseline for both ERPT the FSVA, consumers and ANRT in case of referral for advertising.

19. Transparency; • clarify information on the essential characteristics of the offer, whichmayvarydepending on the product or service : - exact description of the proposedoffer - price of supplywith all taxes (VAT) - the minimum length of commitmentrelated to the offer ; - access conditions to the offerincludingcustomerequipmentnecessaryto access • Loyalty : ensure the loyalty of the advertisement ;

20. the accuracy of information relating to the offer; • the absence of any mention whichcouldmislead the consumer intoerror; • the exact identification of the origin of the advertisementwhenitistransmitted via SMS or electronically; • legibilityshouldbeensuredat all components of the advertisementclearlyand explicitly display the main message of the advertisingthatmaybe the price Taxes or other essential feature of the offer ; • The operators and VAS providers are required to inform the public about pricess and generalandspecific conditions to theiroffers.

21. The upgrade of comercialcontracts for telecommunications services • Following the review of contracts offered by operators to subscribers customers and in order to preserve fair competition and prevent anti-competitive practices such as abusive customer loyalty, ANRT noted some unfair and notice a significant imbalance between operators and consumers. • Revising contracts.

22. Thank you Abdelali MADANI Head of Analysis and Dispute inquiry madani@anrt.ma