UKE wants to fine PTC

2007-05-25

The Office of Electronic Communications (the UKE) has announced that it has initiated the procedure for imposing a fine on PTC, the operator of the Era and Heyah mobile networks, for failing to provide its customers with proper information.
The regulator insists that the operator should allow Era network subscribers to terminate their subscriptions without contractual penalties, as the rules of service provision have changed. In such cases, the subscriber is entitled by law to give up a subscription should he or she not approve of the change. PTC has, however, stated that it simply “updated” the rules and that the subscribers must, therefore, pay if they want to terminate the contract.
The UKE has carried out two investigations to see whether PTC is complying with the regulation and has found out that the operator is still demanding that subscribers who want to withdraw if they do not approve of the rule change should pay up. The regulator has, therefore, instigated the procedure of imposing a fine on the operator. By law, the telecoms market watchdog may order the operator to pay as much as 3% of its 2006 revenues, which, in the case of PTC, could exceed PLN 213m (€56.1m). The regulator will take into account the number of subscribers who may be affected by the operator’s non-compliance with the regulations, along with the fines imposed on the company in the past. Jacek Strzalkowski, a spokesperson for the UKE, explained that the Office has asked the operator for an official report on its revenues for 2006, which it needs to calculate the fine. PTC now has 30 days to send this information to the regulator.

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