If observers look at the regulatory framework governing relations between mobile operators and consumers in Bulgaria, probably thy will find that everything goes as smoothly as possible. On paper, we have now phone number portability not only of mobile phones but also of fixed telephones, and at the end of 2011 the clause for automatic renewal of term contracts was removed, which Mobiltel, Globul and Vivatel widely used to keep their subscribers chained to them. But the truth is far different and larger operators use all sorts of tricks from to maintain and increase their market share.
It turned out that telecoms interpret the changes adopted on 29 December 2011 in their own way. The most discussed change there is art. 229a of the regulation, which stipulates that after the initial term of the contract expires, it becomes without a fixed term and can be terminated with a month’s notice. Only Vivacom strictly adhere to this formula. Globul and M-Tel for example, argue that the contracts concluded before the entry into force of the norm are grandfathered.
If you had a contract whose term was renewed before December 29, you must wait for this new period to expire and only then the agreement may be terminated with a month’s notice, summed up the situation Corporate Policy Director of Globul, Yasen Guev.
Interpretations of the law prompted the intervention of the Commission for Communications Regulation, which by its express an decision earlier this month stipulated that automatically renewed contracts before the entry into force of the amendments to the Electronic Communications Act (in force since 29 December 2011) and which have been renewed for a further period without customers explicit consent are considered permanent under the law and may be terminated by the subscriber with a month’s notice, without due penalties.
Readers of the Banker, however, complained that despite the very clear position of the regulator continue to encounter problems with the termination of contracts automatically renewed before December 29.
The situation changes radically if a client asks to lodge a written request for waiver of service. The customer will probably be answered that the employee at the desk has no power to accept such a document, but if the client insists, then there is no way of rejecting such a demand.
The truth is that whatever changes are made to the legislation, mobile operators can always find loopholes to circumvent the rules, mostly because of their serious financial resources and lobbies in power.
Another example concerns recent another change in the Electronic Communications Act, according to which each user must be given the opportunity to sign a contract with a duration shorter than one year
In practice this never happens. Telecoms never said that there is such an opportunity, hoping that most people don’t know about it. Check with the web pages and stores of the three mobile operators shows that all subscriptions (mobile or home phones, Internet, etc..) may be used only after the signing of a contract for at least one year, early termination of which is naturally associated with the corresponding penalties. Without the conclusion of such a contract nobody can enjoy the service. In other words, everything is functioning in the old manner despite legislative changes. Therefore, a smooth transfer of numbers to another provider becomes almost impossible, because for doing this a person need to pay off all outstanding obligations under contracts concluded or just wait for them to expire. The bad thing is that even then everything starts from scratch, because the new operator will ask the citizen to signed one-year contract with the omnipresent small print regarding penalties.
Mobile operators use another ticks of attracting customers using a new tactic – a combination of long-term contracts for supply of mobile service plus leasing schemes for the purchase of a telephone . The idea is this to lure users with affordable price of the phone plus a tariff plan with the largest discounts available for those who sign a two-year contract. This way users can not cancel the use of service provided by the operator and continue to pay only for the device, nor vice versa, because the leas contract and the service agreement are interlinked.
Moreover, the monthly instalment of the lease, the monthly fee and additional charges for services must be paid simultaneously. And to leave no opportunity for escape some operators make customers to sign a promissory note for the full amount of the lease, which can be used even for non-payment of other fees (i.e. monthly fees). In this way, they tie the hands of people who dare to appeal against mistakes in the calculation of any of their monthly bills, as the promissory note may be used and they will have to pay the full amount of device they are using.
