Standards of Service for Cable & Wireless (Barbados) Ltd 2010–2013

• Jurisdiction: Barbados
• Judgment Date: 22 February 2010
• Docket Number: No: FTC/URD/2010-02
• Court: Fair Trading Commission (Barbados)

Standards of Service for Cable & Wireless (Barbados) Limited 2010–2013

No: FTC/URD/2010-02

Fair Trading Commission

DECISION

TABLE OF CONTENTS

SECTION 1. INTRODUCTION	3
1. BACKGROUND	3
2. LEGISLATIVE FRAMEWORK	5
SECTION 2. THE DETERMINATION……………………………..…………………..	7
3. SUMMARYOFREVISIONS	7
4. GUARANTEED STANDARDS OF SERVICE	9
5. OVERALL STANDARDS OF SERVICE	15
6. GENERAL EXEMPTIONS	18
7. OTHEREXEMPTIONSANDCONDITIONS	19
8. MONITORINGANDENFORCEMENTOFSTANDARDS	20
9. PUBLICDISCLOSUREOFINFORMATION	21
10. PUBLICEDUCATION	21
11. IMPLEMENTATIONANDREVIEW	22

SECTION 1 INTRODUCTION

1. Background

1 This document sets out the Fair Trading Commission's “Commission” determination and rationale for the continuance of standards of service for the regulated fixed telephony services of Cable & Wireless (Barbados) Limited “Cable & Wireless”.

2 The Utilities Regulation Act, CAP. 282 (URA) provides for the determination of standards of service by the Commission. In discharging this responsibility the Commission sought to be transparent in its decision making processes and issued a consultation paper as mandated by the Fair Trading Commission Act, CAP. 326B (FTCA). The Consultation Paper on the Review of the Standards of Service for Cable & Wireless was issued on October 29, 2008.

3 The purpose of a standards programme is to ensure that a minimum quality of service is maintained, provide incentives for improvement, create conditions for customer satisfaction, monitor service quality and generally protect the interest of consumers of telecommunications services.

4 The Guaranteed Standards of Service require that Cable & Wireless make a compensatory payment to each individual customer who is affected by their failure to meet the defined target for the relevant standard.

5 The Overall Standards of Service are designed to reflect the overall performance of Cable & Wireless and are not defined by the service which an individual customer receives. There is no compensation to customers for failure to meet overall standards.

6 The standards also include details of exemptions. Exemptions refer to situations where the Commission considers that failure to meet the standards is outside the control of Cable & Wireless.

7 Service providers, representatives of consumer interest groups and other interested parties were invited to comment on the paper. The consultation period concluded on November 28, 2008. The Commission received only one written response which was from Cable & Wireless itself.

8 The Commission analysed data from Cable & Wireless standards of service reports over the period 2006 to the present and met with representatives of the Company. Based on these discussions and meetings, the Commission has revised the Guaranteed and Overall Standards in the standards of service programme as well as some sections of the exemption clauses and monitoring system. This decision gives a full description of the revised standards of service.

9 These revised standards of service will be applicable from April 1 ^st 2010 to March 2013.

2. Legislative Framework

10 The functions of the Commission encompass the important aspect of the setting of standards. Section 3(1) of the Utilities Regulation Act, CAP. 282 (URA), states that the Commission shall, in relation to the service provider:-

• (a) determine the standards of service applicable;

• (b) monitor the standards of service supplied to ensure compliance; and

• (c) carry out periodic reviews of the rates and principles for setting rates and standards of service.

11 The Commission therefore has responsibility for determining and monitoring the standards of service and for carrying out periodic reviews of the standards of service for utilities under its jurisdiction.

12 Section 4 of the URA notes that in determining standards of service the Commission shall have regard to:-

• (a) the rates being charged by the service provider for supplying a utility service;

• (b) ensuring that consumers are provided with universal access to the service supplied by the service provider;

• (c) the national environmental policy; and

• (d) such other matters as the Commission may consider appropriate.

13 Rule 63 of the Utilities Regulation (Procedural) Rules 2003, S.I. 2003 No. 104 indicates that service standards may include issues such as:-

• (a) Universality of service;

• (b) The provision of new services;

• (c) The extension of services to new customers;

• (d) The maximum response time permitted for responding to customer complaints; and

• (e) Standards related to service qualities which are specific to each sector.

14 Under Statutory Instrument ( S.I.) 2006 No.5 the Telecommunications (Regulated Services) Order 2006, the following categories of telecommunications services were determined to be subject to regulation by the Commission:

• (a) International telecommunications services;

• (b) Domestic voice telecommunications services;

• (c) Services in respect of interconnection charges;

• (d) Leased circuits; and

• (e) International simple resale

15 The consultation related specifically to the review of the standards of service for Cable & Wireless, the only carrier for domestic fixed voice telecommunications services currently operating in Barbados. The standards do not relate to mobile carriers as the Commission does not have jurisdiction to regulate these services.

SECTION 2 THE DETERMINATION

3. Summary of Revisions

16 Having considered all responses, analysed the data relating to Cable & Wireless and publicly available information on telecommunications standards of service, and compared standards from regional and extra—regional jurisdictions, the Commission believes that:

• ▪ the continued existence of Guaranteed and Overall Standards of Service for regulated fixed telephone services is appropriate;

• ▪ exemptions from the standards of service are appropriate under force majeure and other specified conditions.

17 The standards of service developed are specific to Cable & Wireless and are mandatory. The following sections set out the amendments to the Guaranteed and Overall Standards of Service and will be implemented from April 1 ^st 2010. This will allow for the Commission to educate the public and for Cable & Wireless to sensitise its customers, prepare its staff and systems for the administration of these revised standards of service.

3.1 Changes to the Guaranteed Standards of Service

18 The Commission has made changes to the standard of service for Installation (Standard GTS1) due to the several complaints from customers concerning the lack of timely response to customers' applications for land line telephone service. The installation standard has been split into two new standards: GTS1A which represents the approval/non-approval after the submission of an application and GTS1B which represents the period of time the company has for installation of the telephone service after the approval phase. The Commission believes that these two new standards of service should reduce the number of complaints concerning the installation of new telephone services.

3.2 Changes to the Overall Standards of Service

19 The Commission in this determination has made two additions to the Overall Standards of Service to address response time by Cable & Wireless Customer Service Centre. It is anticipated that this will reduce the time that the customer has to wait before receiving service from a service centre representative.

3.3 Reconciliation of Customer Payments

20 The Commission has determined that automated reconciliation is to be introduced along with quarterly reconciliation of customer accounts for two of the Guaranteed Standard of Service. It is anticipated that this will reduce the percentage of customers eligible for compensation but who do not receive compensation because of failure to submit a claim.

21 The Commission advises that the revisions will be in place by April 2010. This is to allow Cable & Wireless time to modify their information systems to allow for automated reconciliation.

3.4 Changes to Monitoring and Enforcement of Standards

22 The Commission has determined that a change in the method of claims reporting was necessary. Currently, the quarterly reporting information submitted by Cable & Wireless does not include reports on the number of customer claims. This is currently done only on an annual basis. This will be changed and the quarterly reports on the Standards of Service will now include claims reports.

4. Guaranteed Standards of Service

STANDARD	SERVICE CATEGORY	TARGET	COMPENSATORY PAYMENT
GTS1A (NEW)	APPROVAL OF APPLICATION FOR SERVICE This refers to the time it should take for approval of an application form from submission to approval.	Residential customers — no more than 7 working days Business customers no more than 5 working days	Refund of applicable installation fees
GTS1B (NEW)	INSTALLATION OF SERVICE, AFTER APPROVAL. This refers to the time it takes between the advice that the application is approved and the actual provision of service where plant is available. Service installation refers to installation up to the demarcation point which is the network interface device (NID)	Residential customers — no more than 7 working days Business Customers — no more than 5 working days.	Refund of first month's bill. Automated Compensation
GTS2	FAULT REPAIR The speed with which faults due to failure of the service provider's equipment or systems are repaired. Faults due to inside wiring or customer owned equipment are not included.	Dry Season Residential – 12 working hours Business – 8 working hours Wet Season Residential – 40 working hours Business – 16 working hours Dry season – Dec. 1 to May 31 Wet season – Jun. 1 to...