BARBADOS CONSUMERS WATCH: FTC offers Inadequate time for consumers

Sunday, June 7, 2009

FTC offers Inadequate time for consumers

There were two disturbing developments recently where the question may be raised about the consideration the Fair Trading Commission has for consumers.
CARITEL, my private consultancy, is taking part in the Reference Interconnect Offer (see earlier posts for background). We were given one week to sudy various documents in detail, conduct additional research and prepare and send a follow-up submission to the FTC as it relates to new arguments.
We protested as we did in the first submission that this was inadequate and a month was requested. A RIO is a highly granular proceeding, requiring regional and international research as well as correspondence with contacts such as regulators elsewhere. The issues are quite wide and therefore require considerable time to investigate and respond to arguments, in this case made by Cable & Wireless. Cable & Wireless has an entire department and regional staff to deal with such matters.
Well, the FTC said you have another week in an email sent minutes before the close of business Friday, the deadline for the actual follow-up submission. I had written the Commission the Wednesday since time was needed to read the documents from Cable & Wireless (LIME), Digicel, TeleBarbados and Blue Communications and study the implications.
Another matter of even greater concern has to do with the rate application by the electricity company.
If one reads the advertisement from the FTC reminding consumers that they have until June 25th to indicate a desire to be granted Intervenor status, of concern is Section 2. which states "Any written questions (interrogatories) and the supporting documentation must be included in the letter of intevention.
The key word here is "must".
This is both unprecedented, places undue burden on consumers interested in applying for Intervenor status, provides the applicant with an unfair advantage and runs contrary to a fair and reasonable process.
In the previous rate hearing, the application dealt with an application for Intervenorn status and nothing else. Subsequently, the matter of interrogatories was raised.
The rate application is 700-plus pages and is available only on a website or at the offices of the FTC and applicant for reading only. There is no provision for a hard copy to be made available to any interested party so one could study it at one's leisure.
And it is also an extremely detailed matter. How can one possibly assemble a team, study in detail the 700-plus pages and have a chance of offering a thorough set of questions (interogatories)?
Again, the FTC is being extremely unreasonable to consumers.

Hallam Hope
(246) 822-1414
caritel@hallamhope.com

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WELCOME TO THE CONSUMER'S FORUM - IT'S OUR FIGHT

Consumer Claims Tribunal

THE Consumer Claims Tribunal was established by section 41(1) of the Consumer Guarantees Act 2002-21 which was enacted on January 15, 2003.

At present the Tribunal is made up of a Chairman, a Deputy Chairman and three other members as follows:
Mr. Ian Bishop: Attorney-at-Law - Chairman
Mr. Jefferson Cumberbatch: Attorney-at-Law - Deputy Chairman
Mr. Edmund Hinkson: Attorney-at-Law - Member
Mr. Antoine Williams: Business Executive - Member
Ms. Fay Lucas: Accountant - Member

The function of the Tribunal is to enforce the rights conferred on consumers by the Consumer Guarantees Act. The Tribunal may determine complaints made to it where the value of the subject matter of the complaint does not exceed $10 000.00.

Any person who has a right of redress against another person under the Consumer Guarantees Act, may enforce that right by making a complaint to the Consumer Claims Tribunal.

Where a consumer believes that a right that he has under the Act has been breached he may refer the matter to the Office of Public Counsel who may, mediate on his behalf with the person whom he believes has breached those rights.

If no settlement has been reached the matter may be referred to the Consumer Claims Tribunal and Public Counsel may also represent the consumer before the Tribunal.

Before submitting a case for hearing by the Tribunal, consumers should make all reasonable efforts to obtain redress for the complaint with the supplier of the good or service. If there is no resolution through the Office of Public Counsel, then the complaint can be submitted in writing to:
Ministry of Commerce, Consumer Affairs and Business Development
Reef Road
Fontabelle
ST. MICHAEL
Telephone #: (246) 427-5270
**************************

The Role of Public Counsel

1. The Office of Public Counsel has a mandate to protect and promote the individual and collective interests of domestic consumers of utility services.
2. The post is structurally separate and distinct from the Fair Trading Commission to ensure that the Office is able to act independently and provide effective representation of consumer interests.
3. The primary role of the Office is to represent the interests of domestic telephone, electricity, water, gas and transport consumers in utility regulation matters before the Fair Trading Commission and in appeals from decisions of the Commission. Domestic consumers are a vulnerable market who need robust and impartial representation of their interests.
4. The Office will also assist individual consumers taking proceedings before the Fair Trading Tribunal on matters related to the proposed Consumer Guarantees Act. The Consumer Guarantees Act will replace the Sale of Goods Act in respect of consumer transactions and will detail the rights and remedies of consumers in consumer contract transactions.

Although the Fair Trading Commission will enforce the provisions of the proposed Consumer Protection Act, the proposed Consumer Guarantees Act will not be enforced by the Fair Trading Commission but will rely on action being taken by private consumers.

Utility Regulation
5. The work of the Office in utility regulation matters includes the following:
(a) ensuring that the interests of domestic consumers are taken into account in the price control review process, at rate hearings and in any determinations on quality of service;
(b) assisting domestic consumers in presenting arguments at price control reviews or rate hearings;
(c) representing domestic consumers at hearings before the Commission relating to complaints on billings and standards of service; and
(d) advising and educating domestic consumers on the provisions of the Utilities Regulation Bill.

6. The establishment of this department will therefore ensure that the information presented at reviews and hearings before the Commission are more effectively and critically examined and that the consumer's view is fully taken into account in any determinations made by the Commission.

7. The Office of Public Counsel will also aid in the streamlining of utility regulation hearings before the Commission, by promoting compliance with procedural rules and encouraging objectors on similar topics to combine their submissions.

8. Although it is expected that the quasi-judicial adversarial method of rate-setting will change with the introduction of incentive compatible mechanisms, such as price caps, the Office of Public Counsel will continue to play a role in representing domestic consumer interests in the consultative process.

Consumer Protection
9. The role of the Office of Public Counsel in consumer protection matters includes:
(a) advising and educating consumers generally on matters relating to the proposed Consumer Guarantees Act; and
(b) representing individual consumers bringing civil claims under the Consumer Guarantees Act before the Fair Trading Tribunal where Public Counsel deems this necessary or desirable.

10. The Office of Public Counsel will be unable to represent every individual bringing a claim before the Fair Trading Tribunal, as this would require the allocation of greater financial resources to the Office. It is expected therefore that Public Counsel will represent individual consumers in matters that are of general public interest or significance and would set a useful precedent.

11. Public Counsel will be expected to assume a high level of responsibility and public accountability. The officer is a legally qualified officer appointed by the Judicial and Legal Services Commission and must be an attorney at law of not less than 10 years standing.

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Sunday, June 7, 2009

FTC offers Inadequate time for consumers

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BARBADOS CONSUMERS WATCH

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Sunday, June 7, 2009

FTC offers Inadequate time for consumers

4 comments:

BCW TV

Subscribe

Labels In This Blog

Keep Your Supermarket Bills

The Consumer Channel

SUPPORT BCW

WELCOME TO THE CONSUMER'S FORUM - IT'S OUR FIGHT

Consumer Legislation

The Fair Trading Commission

Eye Opener

Blog Archive

Advocates

British National Consumer Council

Consumer Claims Tribunal

The Role of Public Counsel

Followers