The Fair Trading Commission Act, CAP. 326B of the Laws of Barbados

• Jurisdiction: Barbados
• Court: Fair Trading Commission (Barbados)
• Judge: Mr. Jefferson Cumberbatch,Mr. Adrian M. Elcock,Dr. Donley Carrington,Mr. Kendrid Sargeant,Ms. Monique C. Taitt
• Judgment Date: 27 September 2017
• Docket Number: No. FTC/ORDSOSC/2017-03

In the Matter of the Fair Trading Commission Act, CAP. 326B of the Laws of Barbados

And in the Matter of the Utilities Regulation Act, CAP. 282 of the Laws of Barbados

And in the Matter of the Utilities Regulation (Procedural) Rules, 2003 (Barbados) and the Utilities Regulation (Procedural) (Amendment) Rules, 2009 (Barbados)

And in the Matter of the Consultation and Review of the Standards of Service for Cable & Wireless (Barbados) Limited pursuant to Section 3(1)(f) of the Utilities Regulation Act, CAP. 282 of the Laws of Barbados

Before:

Mr. Jefferson Cumberbatch Chairman

Mr. Adrian M. Elcock Deputy Chairman

Dr. Donley Carrington Commissioner

Mr. Kendrid Sargeant Commissioner

Ms. Monique C. Taitt Commissioner

No. FTC/ORDSOSC/2017-03

FAIR TRADING COMMISSION

ORDER

1 THIS ORDER is made pursuant to Section 38(c)(ii) of the Utilities Regulations Act, CAP. 282 of the Laws of Barbados

2 WHEREAS in recognition of the issues that have been considered and determined throughout the consultation and review of the Standards of Service for Cable & Wireless (Barbados) Limited (Cable & Wireless)

3 AND UPON CONSIDERATION of the submissions of Cable & Wireless on the Consultation Paper for the Standards of Service for Cable & Wireless dated March 3, 2017

IT IS HEREBY ORDERED THAT:-

• 1. Cable & Wireless shall comply with the prescribed Standards of Service as set out in Table 1 and Table 2 of the Schedule attached hereto and the exemptions set out in the Standards of Service Decision 2018 – 2020.

• 2. Cable & Wireless shall credit the prescribed sums as set out in Table 1 of the said Schedule to any customer who is affected by its failure to provide the service in accordance with and in the manner set out in the Standards of Service Decision 2018 – 2020.

• 3. This Order shall take effect from January 1, 2018 and continue until December 31, 2020 or until such time as a new Standards of Service Decision is issued.

Dated this 27 ^th day of September, 2017

Original Signed by …………………………………….. Jefferson Cumberbatch Chairman	Original Signed by ………………………………….. Adrian M. Elcock Deputy Chairman
Original Signed by ………………………………… Donley Carrington Commissioner	Original Signed by …………………………………… Kendrid Sargeant Commissioner
Original Signed by …………………………………… Monique C. Taitt Commissioner

SCHEDULE

4 Table 1: Guaranteed Standards of Service for Cable & Wireless (C&W)

STANDARD	SERVICE CATERGORY	TARGET	COMPENSATION
GTS 1 (Amended)	Installation or Transfer of Service This refers to the time it takes between the customer's application for service or transfer of service and the actual installation or transfer of service, (from one location to another), where plant is available. Service installation refers to installation up to the demarcation point (Optical Network Terminal or Network Interface Device) which is where the service wire connects to the device on the customer's premises.	Residential customers – no more than seven (7) working days 1. Business customers – no more than five (5) working days.	A credit that is equivalent to the first month's bill. Automatic Compensation 2
GTS 2	Fault Repair This refers to the speed with which faults due to the failure of C&W's equipment or systems are repaired. Faults due to inside wiring or customer-owned equipment are not included. ‘Fault’ and ‘Loss of service’ carry the same definition.	Residential customers – no more than two (2) days. Business customers – no more than two (2) days.	Automatic prorated credit of monthly telephone charge for the period customer was without service due to a fault on C&W's network. Automatic Compensation
GTS 3 (Amended)	Replicated Loss of Service This refers to the reoccurrence of a fault of the same nature, within thirty (30) days of occurrence of the original fault, on C&W's network. Loss of service is defined as disrupted or degraded service including, inter alia, no dial tone.	Faults shall not reoccur within thirty (30) days of repair of first fault.	A credit of $15.00 to residential customers and $30.00 to business customers for reoccurrence of a fault of the same nature on C&W's network, within thirty (30) days of the original fault. Automatic Compensation
GTS 4 (Amended)	Response to Customer Complaints This refers to the time frame in which C&W acknowledges a customer's complaint relating to billing, malfunctioning network or quality of service.	Acknowledgement within five (5) working days for telephone, fax or email complaints. Acknowledgment within seven (7) working days after receiptofwritten complaints by Registered Mail. Immediate acknowledgementfor complaints submitted in person via official complaint form. Acknowledgement shall include advice as to the date the matter is expected to be resolved in accordance with the requisite Standards.	A credit of $15.00 to residential customers and $30.00 to business customers when target time is breached. Customer Initiated Claim required 3
GTS 5	Customer Appointments This refers to scheduled appointmentsbyC&W's representatives to correct faults on the C&W Optical Network Terminal or Network Interface Device, where access to the customer's premises is necessary but restricted.	All scheduled appointments shall be honoured. Appointments may be scheduled: Morning, from 8:00 a.m. to 12:00 noon or afternoon, from 12:01 p.m. to 4:00 p.m. This does not include appointments pertaining to CustomerPremises Equipment (CPE) or internal wiring.	A credit of $15.00 to residential customers and $30.00 to business customers for missing agreedappointments (subject to a 15-minute grace period, i.e. 12:15 p.m. for 12:00 noon appointments and 4:15 p.m. for 4:00 p.m. appointments). C&W may reschedule an appointment; how-ever, the customer must be notified at least eight (8) working hours 4 prior to the scheduled appointment. Customer Initiated Claim required
GTS 6 (Amended)	Reconnection after Disconnection for Non-Payment This refers...