Telecommunications Users and Consumers …tel_archives.ofca.gov.hk/en/ad-comm/ucac/minutes/ucm68.pdfspecify the charges (e.g. at the prevailing market rate) which would be payable

Telecommunications Users and Consumers Advisory Committee (UCAC) Minutes of the 68th Meeting held at 3:00 p.m., Thursday,

13 January 2011 in OFTA Conference Room, 29/F Wu Chung House, Wan Chai

Present:

Mr. Y K HA (Chairman) Deputy Director-General of Telecommunications

Dr. Tony SEETO Representative of Communications Association of Hong Kong

Mr. Billy YEUNG Representative of Hong Kong Wireless Technology Industry Association

Mr. Alfred FUNG Representative of Consumer Council Mr. Timothy MA Representative of the aged community Mr. S H TAM Representative of the disabled

community Mr. Alex LEE Representative of Office of the

Government Chief Information Officer Mr. Michael LUI Representative of Education Bureau Ms. C M CHAN Representative of Social Welfare

Department Ms. Florence MAN Member appointed on an ad personam

basis Ms. Pauline YUNG Representative as a member of the

public Ms. Martha LEUNG Representative as a member of the

public Ms. Elsa CHENG Representative as a member of the

public Mr. M K LEUNG Representative as a member of the

public Mr. Francis NGAI Representative as a member of the

public Mr. C B WONG Representative as a member of the

public Ms. June WONG Representative as a member of the

public Ms. Ruby CHAN (Secretary) OFTA

In attendance:

Ms. Annie LO OFTA Mr. Sidney TSAN OFTA Ms. Edith YAU OFTA

2

Absent with apologies:

Mr. Adrian CHEUNG Representative of Hong Kong General Chamber of Commerce

Mr. Alexander YU Representative of Hong Kong Telecommunications Users Group

Mr. Thomas SUN Member appointed on an ad personam basis

Mr. Kenneth CHOY Representative of small and medium enterprises

Mr. B YU Representative of the disabled community

Ms. K C WONG Representative as a member of the public

Mr. Stanley CHEN Representative as a member of the public

Ms. Ivy CHENG Representative as a member of the public

I. Opening Remarks

1. This was the first meeting for the members of the new term. The Chairman

welcomed them to the meeting.

II. Confirmation of Minutes of the 67th Meeting

2. The Secretary had not received any proposed amendment to the draft

minutes of the 67th meeting from the members and no amendment was proposed by

the members in the meeting. The Chairman announced that the minutes of the 67th

meeting were confirmed.

III. Code of Practice for Telecommunications Service Contracts

3. Dr. Tony SEETO briefed the members on the Code of Practice for

Telecommunications Service Contracts (the “Code”) issued by the Communications

Association of Hong Kong, including the key features and implementation

arrangement of the Code. Related information is in Annex 1 (UCAC Paper No.

1/2011).

4. The Chairman appreciated the efforts of the Communications Association of

Hong Kong in issuing the Code of its own accord and that the major fixed and mobile

network operators had agreed to adopt the Code. OFTA would closely monitor and

3

compare the complaint statistics before and after the Code came into effect so as to

assess the effectiveness of the Code. OFTA would also consider obtaining amended

service contracts from operators for reference. OFTA believed that complaints

concerning service contracts (e.g. automatic renewal of contracts) could be settled

after the operators had implemented the Code.

5. Ms. Florence MAN said that operators nowadays would provide some

free-trial services to users and request users to take the initiative to contact the

operators for service termination after the trial period. She enquired whether, after

the Code came into effect, a customer would not be required to terminate the service

of his own accord, whether the trial service would be regarded as a new contract, and

whether a written confirmation had to be issued by an operator before service

provision.

6. Dr. Tony SEETO replied that operators were providing various types and

forms of services to users for trial. When promoting a trial service, an operator had

to clearly inform its customers of the details of the trial service, including service

arrangement and charges after the trial period. If the trial service was only a

value-added service, the Code did not require operators to issue another written

confirmation.

[Post-meeting note: The Secretary provided Ms. Florence MAN with information by

email after the meeting regarding guidelines on free-trial services as set out in Clause

4.4 of the Code. For details, please refer to the Code at

http://www.ofta.gov.hk/en/ca_bd/Industry_CoP_Telecom_Service_Contract.pdf]

7. The Chairman pointed out that, according to the Code, an operator must

obtain the express consent of a subscriber before contract renewal. To avoid

inconvenience and complaints due to the abrupt suspension of the user’s service, the

operator would not terminate the service immediately upon contract expiry. The

operator would provide services to its customer on a month-to-month basis until it

received a request for service termination from the customer.

[Post-meeting note: Dr. Tony SEETO added that, according to the Code, a contract

had to state the arrangements for service provision after expiry of a fixed term

contract. If the service was to continue after expiry of the term, the contract had to

specify the charges (e.g. at the prevailing market rate) which would be payable by the

customer. For details, please refer to Clause 6 of the Code.]

4

8. Ms. Florence MAN was very much concerned about whether a user would

be required to inform an operator of service termination of his own accord and

whether an operator would notify its customer of expiry of the term through a short

message.

9. Dr. Tony SEETO was aware that most contracts between consumers and

operators lasted for one year or above, so a user might fail to recall or take note of his

contract expiry date and forget to notify the operator of service cancellation.

However, to avoid any inconvenience caused to the customer by service termination,

the Code required the operator to state clearly on the contract whether it would

continue to provide the service to its customer after expiry of the term or the user

could contact the operator after expiry of the term to arrange for service termination.

The Code did not require the operator to notify the customer of the arrangements on

contract expiry through a short message. Nevertheless, the user could still check the

details anytime by telephone or online enquiry. The Code also required the operator

to provide reasonable means to customers for enquiry of contract terms, expiry date,

information on contract termination, etc.

10. The Chairman believed that market forces could allow operators to enhance

service quality to solicit customers. As to whether operators would notify customers

of contract expiry dates, they could consider and make the relevant arrangements by

themselves. Neither OFTA nor the Code had set out any specific requirements.

11. Ms. Florence MAN enquired whether broadcasting service operators would

be required to comply with the Code.

12. Dr. Tony SEETO said that the Code only applied to telecommunications

service operators.

13. Mr. S H TAM wished to know in what circumstances a consumer could

terminate a service contract under the Code, e.g. whether a consumer could make an

early termination of the contract if there was frequent disconnection of broadband

services.

14. Dr. Tony SEETO responded that the Code had laid down the circumstances

under which a consumer had a right to early terminate a contract, but it was hard to

assess the quality of broadband services or state of disconnection. In addition, to

5

avoid the abuse of guidelines by consumers, the Code did not set out all individual

circumstances in detail.

15. Mr. S H TAM reflected that the Code promulgated by the Communications

Association of Hong Kong aimed, inter alia, at enhancing the transparency of

communications services, but he considered that operators failed to provide full

details about service plans and charging information. From his personal experience,

operators would contact customers to promote contract renewal plans before expiry of

contracts. However, as operators offered customers a wide range of service plans

and charging schemes which would be subject to amendments within a short period,

customers could hardly grasp all the details for choosing suitable renewal plans.

16. The Chairman responded that the Code provided guidelines to the

communications industry in drawing up service contracts, while the pricing of

services set by operators was a separate issue. The Chairman was aware that

consumers were concerned with price transparency, but operators would have

business considerations in many aspects for the formulation of service plans and

would launch different service plans for different time periods or districts. OFTA

was seeking to cooperate with the Consumer Council in order to provide consumers

with more information. However, since the telecommunications service market was

fully liberalised, OFTA would not regulate the prices set by operators.

17. Mr. Francis NGAI welcomed self-regulation by the industry because the

Government could hardly exercise regulation in every single aspect. He enquired

whether the industry would establish an independent organisation for ongoing

monitoring and handling of complaints in relation to the Code. In addition, since the

Code was voluntary in nature, he wondered whether the industry and OFTA would

regularly review the Code to consider if more stringent measures were required to

settle the complaints relating to contracts.

18. Dr. Tony SEETO responded that the Communications Association of Hong

Kong would maintain contact with operators and OFTA, review the compliance with

the Code by operators, and explore whether it was necessary to take other measures.

19. The Chairman added that regulation mainly came in the form of official

regulation and industry self-regulation. The Code was in between the two forms of

regulation, i.e. co-regulation. Although the Code was issued by the

Communications Associations of Hong Kong, OFTA had made a number of

6

suggestions on it. OFTA would closely monitor the implementation of the Code and

analyse the statistics and the subject matters of complaints to assess the effectiveness

of the Code, as well as consider whether it was necessary to amend the Code and

adopt stricter measures to settle complaints. The Chairman thanked Mr. Francis

NGAI for his opinions.

20. Mr. C B WONG agreed that most users would forget their contract expiry

dates. He suggested that a clause could be added to the Code to request operators to

notify their customers of contract expiry dates one or two months in advance and

remind their customers to consider service renewal or other arrangements. If

operators did not receive any notification from customers, they could charge

customers standard service prices or terminate the relevant services. Mr. C B

WONG considered that this arrangement was relatively fair to both consumers and

operators.

21. Dr. Tony SEETO stated that, under fierce market competition, operators

nowadays would usually contact their customers before contract expiry dates to

promote concessionary renewal plans for retention of existing customers.

IV. Voluntary Registration Scheme for Buildings with Optical Fibre Access

Networks

22. Ms. Annie LO provided to the members some statistics about existing

broadband services in Hong Kong, including the number of fixed network broadband

service users and household broadband penetration rate, etc. She then explained the

definitions of Fibre-to-the-Building (FTTB) and Fibre-to-the-Home (FTTH) and

showed the members the relevant identification labels as well as provided the

methods of enquiring the relevant information. Related information is in Annex 2

(UCAC Paper No. 2/2011).

23. The Chairman said that, in addition to operators which could provide

information about FTTB and FTTH, incorporated owners and building management

offices could also take the initiative to contact OFTA for provision of the relevant

information. The Chairman added that the main objective of the Voluntary

Registration Scheme for Buildings with Optical Fibre Access Networks (the

“Scheme”) was to promote the development of optical fibre networks. At present, if

network operators intended to install additional networks or carry out network

enhancement works at existing buildings, unnecessary problems might arise because

7

building management offices/incorporated owners could fail to understand fully the

purpose of the related works. Therefore, through this Scheme, OFTA wished to

allow building management offices and incorporated owners, or even residents, to

know more about the merits of laying optical fibre cables, so that the residents could

enjoy better quality and faster broadband services. The next step of OFTA would be

to promote the Scheme to commercial buildings. Although it might not be likely to

solicit the support of all network operators to the promotion, OFTA would actively

follow up the issue.

24. Ms. Annie LO added that OFTA would promote the Scheme throughout the

18 districts in Hong Kong. So far, OFTA had visited five of the districts and

explained the Scheme to building management companies, incorporated owners and

the relevant parties through briefing sessions to raise their awareness of the Scheme.

25. Mr. Francis NGAI noticed that the relevant identification labels failed to

mention the maximum speeds of FTTB and FTTH. He considered that broadband

speeds were information of public concern. Thus, he proposed that OFTA could

include the information for public reference. Mr. Francis NGAI also advised that

OFTA might consider requesting operators to explain to consumers whether their

buildings fell into FTTB or FTTH categories when promoting broadband services to

them and let consumers know the achievable maximum speeds of broadband services

in order to avoid or reduce misleading marketing practices. In addition, Mr. Francis

NGAI wished to know the current distributions of FTTB and FTTH buildings in

Hong Kong.

26. Ms. Annie LO replied that there were currently over 6 000 registered FTTB

and over 2 000 registered FTTH buildings in Hong Kong. The focus of the Scheme

was on how networks were connected. If speed information was to be added to

identification labels, it would confuse the users. Ms. Annie LO said that when

consumers subscribed to broadband service plans, they might take considerations to

the broadband speeds provided by operators. On the contrary, the means of

connection (e.g. copper wires, optical fibres) used by operators for provision of

broadband services were not the direct factors for consideration by consumers. The

Scheme mainly provided information about network connection platforms that

enabled the public to be aware of the flexibility of network upgrade or the feasibility

of providing higher-speed broadband services at their residential buildings in the

future. For example, in the case of a building connected with the FTTB network, the

operator might need to upgrade or enhance the network of the building if it wished to

8

provide higher-speed broadband services at the building in the future.

27. Ms. Florence MAN agreed with Mr. Francis NGAI about the inclusion of

speed information on identification labels. Ms. Florence MAN said that if speed

information was to be added to identification labels, it would allow consumers to

make better-informed choices that could best suit their needs while subscribing to

broadband services.

28. Mr. Francis NGAI expressed that, as explained by Ms. Annie LO, the means

of network connection at buildings might be an insignificant piece of information to

consumers since they did not possess the relevant knowledge. In this regard, speed

information should be added to identification labels to let consumers know the

achievable maximum speeds available at their residential buildings.

29. The Chairman thanked Mr. Francis NGAI and Ms. Florence MAN for their

opinions. OFTA would consider including speed information on identification

labels and the webpages concerned.

V. Mobile Communication Services – Bill Shock

30. Mr. Sidney TSAN reported to the members on the issue of mobile bill shock,

including the number of mobile data service users, usage volume as well as the trend

of complaints about mobile data services. He also briefed the members on the

preventative measures against bill shock as recommended by OFTA to the industry

and consumers. Related information is in Annex 3 (UCAC Paper No. 3/2011).

VI. Any Other Business

Consumer Complaint Report

31. The Secretary reported that OFTA had received 1 601 cases of consumer

complaints in the 3rd quarter of 2010, with 1 587 cases (99.1%) of them outside

OFTA’s jurisdiction. Most of these complaints involved disputes on

billing/contract/service termination, dissatisfaction with customer services and

dissatisfaction with the quality of mobile telecommunications/fixed

network/broadband services. The remaining 14 cases (0.9%) were related to the

possible breach of the Telecommunications Ordinance or licence conditions,

including complaints about alleged misleading or deceptive sales conduct of

9

salespersons and access made by operators to the public parts of buildings for

installation of telecommunications/broadcasting equipment and networks, etc. No

cases were confirmed to be in breach of the Telecommunications Ordinance in the

3rd quarter of 2010. The latest consumer complaint statistics are at Annex 4.

VII. Date of Next Meeting

32. The Secretary informed the members that the next meeting would be held on

12 May 2011 at the same time and venue.

33. There being no other business, the meeting was adjourned at 5:15 p.m.

Code of Practice for Telecommunications Service Contracts

The Communications Association of Hong Kong (“CAHK”)

13 January 2010

UCAC paper no. 1/2011

Annex 1

Introduction of CAHK

� Incorporated in 1983 following the government’s announcement of deregulation of communication products and services

� CAHK is the association for the communications and the broadcast industry of Hong Kong

� Members coming from sectors including broadcasting, wireline and wireless communications, and other relevant business sectors in the domain of information communications technology

� Over one hundred members (full members, associate company members, associate individual members and student members)

� http://www.cahk.hk/

Background

� The Office of the Telecommunications Authority (“OFTA”) issued a voluntary Code of Practice for Communications Service Contacts in February 2010 to provide the industry with guidelines on the drawing up of service contracts.

� CAHK actively collaborated with the telecommunications service providers to address the concerns raised by the public and OFTA on telecommunications service contracts.

� In December 2010, CAHK issued the Code of Practice for Telecommunications Service Contracts (“Industry Code”) to enhance customer protection.

� The Industry Code is formulated by� making reference to OFTA’s Code of Practice� taking into account the actual operating environment of the industry and

the needs of consumers� aiming to enhance the existing contract forms, sales practices, and

subsequent arrangements ranging from renewals to terminations

The Industry Code is supported by the Industry

� All fixed and mobile telecommunications service providers who are members of CAHK have agreed to adopt the Industry Code (in alphabetical order):

� China Mobile Hong Kong Co. Ltd� City Telecom (HK) Limited� CSL Limited� Hong Kong Broadband Network Limited� Hutchison Telecommunications Hong Kong Holdings Limited� i-CABLE� New World Mobility Limited� New World Telecommunications Limited� PCCW� SmarTone-Vodafone� Wharf T&T

Key Features of the Industry Code

� Consumer contracts will be simpler to read

� Improving the clarity of information on services and charges incurred and provisions in contracts

� Customers will be provided with written confirmation of verbal agreements for services

� A cooling-off period will apply for contracts entered into during unsolicited visits to customer homes

� Contract terminations, renewals, extensions and replacements are all made more transparent and simpler

� No automatic renewal of contract unless prior agreement by customer is obtained

� Customers may terminate a contract early when certain conditionsoccur, e.g. significant changes in terms and conditions

� There will be greater consumer protection relating to service relocation requests

Implementation of the Industry Code

� Fixed and mobile service providers who adopt the Industry Code are now revising their contract forms, sales procedures and other internal processes.

� Each service provider will implement the provisions of the Industry Code in the coming three to six months, depending on its implementation progress.

� The Industry Code will be applicable to all new contracts concluded after the implementation of the Industry Code by individual service provider.

Handling of Complaints

� After the implementation of the Industry Code, service providers remain responsible for handling consumer complaints.

� Consumers should first complain to the relevant service providers if they have any contractual disputes on telecommunications services.

� If any service provider has not properly handled a complaint or is suspected to be in breach of the Industry Code, CAHK will assist OFTA in handling the complaint.

� If there is any suspected misleading or deceptive conduct, OFTA may investigate the case under section 7M of the Telecommunications Ordinance (Cap 106).

� CAHK will work closely with OFTA to monitor the implementation of the Industry Code, and maintain close dialogue with the industry on need for further enhancement in future.

Full Text of the Industry Code

Please refer to the following links:

� Chinese Version

http://www.cahk.hk/News/310/Industry_CoP_Telecom_Service_Contract_C.pdf

� English Version

http://www.cahk.hk/News/310/Industry_CoP_Telecom_Service_Contract.pdf

1

Registration Scheme for Buildings with Registration Scheme for Buildings with Registration Scheme for Buildings with Registration Scheme for Buildings with Optical Fibre Access NetworksOptical Fibre Access NetworksOptical Fibre Access NetworksOptical Fibre Access Networks

Registration Scheme for Buildings with Registration Scheme for Buildings with Registration Scheme for Buildings with Registration Scheme for Buildings with Registration Scheme for Buildings with Registration Scheme for Buildings with Registration Scheme for Buildings with Registration Scheme for Buildings with Optical Fibre Access NetworksOptical Fibre Access NetworksOptical Fibre Access NetworksOptical Fibre Access NetworksOptical Fibre Access NetworksOptical Fibre Access NetworksOptical Fibre Access NetworksOptical Fibre Access Networks

UCAC Paper No. 2/2011UCAC Paper No. 2/201113 January 2011

Annex 2

2

Broadband Services in Hong Kong

•

● As of March 2010

� 86% of households with at least two choices of customer access networks

� 70% of households with at least three choices of customer access networks

● As of June 2010

� Above 2 million fixed network broadband services users in Hong Kong

� Household broadband penetration rate : 81% (transmission speed from 1.5Mbps to 1Gbps)

● According to the report released by the University of Oxford in October 2010, Hong Kong ranks second as the global broadband leader

3

Registration Scheme for Buildings with Optical Fibre Access Networks

•

● Objective

� Promote development of the optical fibre networks

� Provide information to members of the public about the optical fibre networks installed in individual buildings

● Initial Stage of the Registration Scheme

� Information on residential buildings provided by five network operators

� Intend to extend the scheme to cover commercial buildings and other fixed networks

� Participation in the scheme is voluntary

4

Classification of Buildings（（（（I））））

•

● Fibre-to-the-Building（（（（FTTB））））Building

� Optical fibre network is installed in the building

� To connect to individual users via copper cable

� Transmission speed: up to 100 Mbps

•

Optical fibre

Copper cable

Telecommunications Networks

Building

5

Classification of Buildings（（（（II））））

•

● Fibre-to-the-Home（（（（FTTH））））Building

� Optical fibre network is installed in the building

� To connect individual users via optical fibre cables

� Transmission speed: up to 1000 Mbps

•Optical fibre

Telecommunications Networks

Building

6

Labels (I)

•

● Identification Labels

� FTTB Label and FTTH Label

� To raise public awareness of FTTB and FTTH buildings

� Incorporated Owner / building management office may display the appropriate label in the prominent position of the building

� May also use the label in printing materials in relation to the building

•

7

Labels (II)

•

FTTH Label

•

FTTB Label

•

8

Register of Buildings with Optical Fibre Access Networks (I)

•

● Register of Building Information

� Based on the information provided by network operators, OFTA has established a register

� Include the names and locations of registered FTTB and FTTH buildings

� Include the number of FTTH and FTTB networks connected to the buildings

● Online Register

� Online search

http://app1.ofta.gov.hk/apps/fibre/content/disclaimer.asp

� Search by address or map

9

•

Register of Buildings with Optical Fibre Access Networks (II)

10

•

Register of Buildings with Optical Fibre Access Networks (III)

11

•

Register of Buildings with Optical Fibre Access Networks (IV)

12

•

Register of Buildings with Optical Fibre Access Networks (V)

13

Thank You

1

流動通訊服務流動通訊服務流動通訊服務流動通訊服務 ---- 帳單震撼帳單震撼帳單震撼帳單震撼流動通訊服務流動通訊服務流動通訊服務流動通訊服務 ---- 帳單震撼帳單震撼帳單震撼帳單震撼

2011年年年年 1月月月月

UCAC Paper No. 03/2011

Annex 3

2

近年流動數據服務發展近年流動數據服務發展近年流動數據服務發展近年流動數據服務發展

• 智能手機十分普及智能手機十分普及智能手機十分普及智能手機十分普及

• 流動數據服務增長迅速流動數據服務增長迅速流動數據服務增長迅速流動數據服務增長迅速

流動寛頻用戶流動寛頻用戶流動寛頻用戶流動寛頻用戶

由由由由2009年年年年9月的月的月的月的330萬增至萬增至萬增至萬增至2010年年年年9月的月的月的月的489萬萬萬萬增幅增幅增幅增幅 : 159萬萬萬萬名名名名用戶用戶用戶用戶

流動數據使用量流動數據使用量流動數據使用量流動數據使用量

由由由由2009年年年年9月的月的月的月的 443 TB (Terabyte) 增至增至增至增至2010年年年年9月的月的月的月的1,462 TB （（（（3.3倍倍倍倍））））

增幅增幅增幅增幅 : 1019 TB

3

有關有關有關有關流動數據的流動數據的流動數據的流動數據的消費者消費者消費者消費者投訴投訴投訴投訴• 2009年年年年 : 337 宗宗宗宗

• 2010年年年年 : 1,174 宗宗宗宗• 投訴主要原因投訴主要原因投訴主要原因投訴主要原因: 帳帳帳帳務務務務

即即即即帳單帳單帳單帳單震撼問題震撼問題震撼問題震撼問題 – 帳單款額遠高於預期帳單款額遠高於預期帳單款額遠高於預期帳單款額遠高於預期例子例子例子例子：：：：購買及使用新款智能手機後購買及使用新款智能手機後購買及使用新款智能手機後購買及使用新款智能手機後，，，，收到高額流動數據收到高額流動數據收到高額流動數據收到高額流動數據服務費的賬單服務費的賬單服務費的賬單服務費的賬單

大部分大部分大部分大部分因因因因為用戶不經意或不自覺地使用了流為用戶不經意或不自覺地使用了流為用戶不經意或不自覺地使用了流為用戶不經意或不自覺地使用了流動數據服務動數據服務動數據服務動數據服務：：：：

不知道曾使用手機上網不知道曾使用手機上網不知道曾使用手機上網不知道曾使用手機上網：：：：30%不知道曾使用流動網絡上網不知道曾使用流動網絡上網不知道曾使用流動網絡上網不知道曾使用流動網絡上網，，，，以爲只使用以爲只使用以爲只使用以爲只使用WiFi：：：：14%不知道已使用龐大數據量不知道已使用龐大數據量不知道已使用龐大數據量不知道已使用龐大數據量：：：：44%

4

帳單帳單帳單帳單震撼震撼震撼震撼• 其他先進國家亦面對同一問題其他先進國家亦面對同一問題其他先進國家亦面對同一問題其他先進國家亦面對同一問題

澳洲流動澳洲流動澳洲流動澳洲流動數據數據數據數據服務服務服務服務帳單投訴宗數帳單投訴宗數帳單投訴宗數帳單投訴宗數7/07 – 6/08 17,9897/08 – 6/09 45,4957/09 – 3/10 39,766 (三季數字三季數字三季數字三季數字)

美國聯邦美國聯邦美國聯邦美國聯邦通訊委員會資料通訊委員會資料通訊委員會資料通訊委員會資料：：：：在在在在2010年年年年4至至至至5月期間的一次消費者調查月期間的一次消費者調查月期間的一次消費者調查月期間的一次消費者調查，，，，全國有三千全國有三千全國有三千全國有三千萬人萬人萬人萬人（（（（即每六個流動用即每六個流動用即每六個流動用即每六個流動用戶戶戶戶中其中一個用中其中一個用中其中一個用中其中一個用戶戶戶戶），），），），曾經歷曾經歷曾經歷曾經歷帳單帳單帳單帳單震撼問題震撼問題震撼問題震撼問題

5

帳單帳單帳單帳單震撼投訴的趨勢震撼投訴的趨勢震撼投訴的趨勢震撼投訴的趨勢• 有關帳單有關帳單有關帳單有關帳單震撼的投訴有上升趨勢震撼的投訴有上升趨勢震撼的投訴有上升趨勢震撼的投訴有上升趨勢

2009 年第一季年第一季年第一季年第一季 : 272009 年第二季年第二季年第二季年第二季 : 25 2009 年第三季年第三季年第三季年第三季 : 472009 年第四季年第四季年第四季年第四季 : 872010 年第一季年第一季年第一季年第一季 : 158

• 2010年年年年4月月月月：：：：電訊電訊電訊電訊管理局馬上詳細分析管理局馬上詳細分析管理局馬上詳細分析管理局馬上詳細分析投訴投訴投訴投訴個案以了解有關個案以了解有關個案以了解有關個案以了解有關帳單帳單帳單帳單震撼投訴的成因震撼投訴的成因震撼投訴的成因震撼投訴的成因

6

電訊電訊電訊電訊管理管理管理管理局建議防止局建議防止局建議防止局建議防止帳單帳單帳單帳單震撼的措施震撼的措施震撼的措施震撼的措施

• 針對上述成因要求針對上述成因要求針對上述成因要求針對上述成因要求流動服務營流動服務營流動服務營流動服務營辦辦辦辦商商商商

((((““““營營營營辦辦辦辦商商商商””””))))採取以採取以採取以採取以下防止下防止下防止下防止帳單震撼帳單震撼帳單震撼帳單震撼的的的的措施措施措施措施：：：：

容許用戶選擇取消個別服務容許用戶選擇取消個別服務容許用戶選擇取消個別服務容許用戶選擇取消個別服務

設立收費上限設立收費上限設立收費上限設立收費上限

設立設立設立設立用量上限用量上限用量上限用量上限

發出發出發出發出用量提示用量提示用量提示用量提示

發出數據漫遊提示發出數據漫遊提示發出數據漫遊提示發出數據漫遊提示

7

諮諮諮諮詢業界有關詢業界有關詢業界有關詢業界有關防止防止防止防止帳單震撼帳單震撼帳單震撼帳單震撼措施措施措施措施

• 2010201020102010年年年年4444月及月及月及月及5555月月月月：：：：電訊局電訊局電訊局電訊局諮詢規管事務諮諮詢規管事務諮諮詢規管事務諮諮詢規管事務諮詢委員會詢委員會詢委員會詢委員會，，，，電訊服務用戶及消費者諮詢委電訊服務用戶及消費者諮詢委電訊服務用戶及消費者諮詢委電訊服務用戶及消費者諮詢委員會員會員會員會，，，，並得到委員會支持並得到委員會支持並得到委員會支持並得到委員會支持

• 2010201020102010年年年年5555月月月月：：：：電訊局要求電訊局要求電訊局要求電訊局要求營營營營辦辦辦辦商實施建議的商實施建議的商實施建議的商實施建議的措施措施措施措施，，，，亦亦亦亦得到營辦商的支持及配合得到營辦商的支持及配合得到營辦商的支持及配合得到營辦商的支持及配合，，，，在不在不在不在不同程度上推行了本局建議的措施同程度上推行了本局建議的措施同程度上推行了本局建議的措施同程度上推行了本局建議的措施

8

增加增加增加增加帳單震撼帳單震撼帳單震撼帳單震撼的的的的措施措施措施措施資訊的透明度資訊的透明度資訊的透明度資訊的透明度

• 2010201020102010年年年年８８８８月月月月：：：：為增加服務資訊的透明度為增加服務資訊的透明度為增加服務資訊的透明度為增加服務資訊的透明度，，，，電訊局電訊局電訊局電訊局在在在在網站公布網站公布網站公布網站公布各各各各營辦商為應付流動通營辦商為應付流動通營辦商為應付流動通營辦商為應付流動通訊服務帳單震撼而實施的措施訊服務帳單震撼而實施的措施訊服務帳單震撼而實施的措施訊服務帳單震撼而實施的措施

http://www.ofta.gov.hk/zh/tips/servicetype/mobile/

mobilebillshock.html

• 營辦商繼續推行新措施或改善現有措施營辦商繼續推行新措施或改善現有措施營辦商繼續推行新措施或改善現有措施營辦商繼續推行新措施或改善現有措施例子：現時所有營辦商已容許用戶選擇取消流動數據服務

• 電訊局相應地更新網站電訊局相應地更新網站電訊局相應地更新網站電訊局相應地更新網站自8月登載有關措施，已在2010年11月及12月兩次更新網站

9

提醒消費者小心使用流動數據服務提醒消費者小心使用流動數據服務提醒消費者小心使用流動數據服務提醒消費者小心使用流動數據服務

• 2010201020102010年年年年12121212月月月月9999日日日日：：：：電訊局電訊局電訊局電訊局舉行新聞發佈會舉行新聞發佈會舉行新聞發佈會舉行新聞發佈會，，，，透過傳媒透過傳媒透過傳媒透過傳媒建議流動服務用戶建議流動服務用戶建議流動服務用戶建議流動服務用戶，，，，尤其是使用尤其是使用尤其是使用尤其是使用智能電話及外出旅遊的市民智能電話及外出旅遊的市民智能電話及外出旅遊的市民智能電話及外出旅遊的市民，，，，考慮採取以考慮採取以考慮採取以考慮採取以下防止帳單震撼的措施下防止帳單震撼的措施下防止帳單震撼的措施下防止帳單震撼的措施：：：：

選擇有收費上限或無用量上限的數據服務計劃選擇有收費上限或無用量上限的數據服務計劃選擇有收費上限或無用量上限的數據服務計劃選擇有收費上限或無用量上限的數據服務計劃

在無需使用在無需使用在無需使用在無需使用數據服務數據服務數據服務數據服務時時時時，，，，關掉手機上的關掉手機上的關掉手機上的關掉手機上的數據服務數據服務數據服務數據服務功能功能功能功能

每次重新啓動手機時每次重新啓動手機時每次重新啓動手機時每次重新啓動手機時（（（（尤其在更換尤其在更換尤其在更換尤其在更換SIMSIMSIMSIM卡後卡後卡後卡後）））），，，，再次檢查再次檢查再次檢查再次檢查手手手手機上的機上的機上的機上的數據服務數據服務數據服務數據服務功能是否已經關掉功能是否已經關掉功能是否已經關掉功能是否已經關掉

通過手機上設有的功能通過手機上設有的功能通過手機上設有的功能通過手機上設有的功能，，，，不時查閱不時查閱不時查閱不時查閱數據服務使用量數據服務使用量數據服務使用量數據服務使用量

使用使用使用使用WiFiWiFiWiFiWiFi系统上系统上系统上系统上網網網網的用戶的用戶的用戶的用戶,,,,經常留意是否仍在經常留意是否仍在經常留意是否仍在經常留意是否仍在WiFiWiFiWiFiWiFi系统覆系统覆系统覆系统覆蓋區內蓋區內蓋區內蓋區內

完全無需使用完全無需使用完全無需使用完全無需使用流動數據服務的用戶可在方便時要求其流流動數據服務的用戶可在方便時要求其流流動數據服務的用戶可在方便時要求其流流動數據服務的用戶可在方便時要求其流動營辦商停止數據服務動營辦商停止數據服務動營辦商停止數據服務動營辦商停止數據服務

10

提醒消費者小心使用流動數據服務提醒消費者小心使用流動數據服務提醒消費者小心使用流動數據服務提醒消費者小心使用流動數據服務

• 各大報章及電子傳媒作出廣泛報道各大報章及電子傳媒作出廣泛報道各大報章及電子傳媒作出廣泛報道各大報章及電子傳媒作出廣泛報道

• 電訊電訊電訊電訊局局局局發言人在電台節目中發言人在電台節目中發言人在電台節目中發言人在電台節目中，，，，向市民解釋向市民解釋向市民解釋向市民解釋有關有關有關有關防止帳單震撼的措施防止帳單震撼的措施防止帳單震撼的措施防止帳單震撼的措施及及及及消費者消費者消費者消費者應注意應注意應注意應注意事項事項事項事項：：：：

12121212月月月月10101010日日日日：：：：香港電台節目香港電台節目香港電台節目香港電台節目““““千禧年代千禧年代千禧年代千禧年代””””

12121212月月月月11111111日日日日：：：：商業電台節目商業電台節目商業電台節目商業電台節目““““政經星期六政經星期六政經星期六政經星期六””””

11

建議建議建議建議業界業界業界業界推行新措施推行新措施推行新措施推行新措施

• 在在在在2010201020102010年年年年12121212月月月月20202020日的規管事務諮詢委員會日的規管事務諮詢委員會日的規管事務諮詢委員會日的規管事務諮詢委員會會議中會議中會議中會議中，，，，建議建議建議建議營營營營辦辦辦辦商採取一項新措施商採取一項新措施商採取一項新措施商採取一項新措施

在新客戶簽約或舊客戶續約時在新客戶簽約或舊客戶續約時在新客戶簽約或舊客戶續約時在新客戶簽約或舊客戶續約時，，，，取得客戶同意取得客戶同意取得客戶同意取得客戶同意才開通流動數據服務才開通流動數據服務才開通流動數據服務才開通流動數據服務

• 已於已於已於已於12121212月月月月29292929日去信營日去信營日去信營日去信營辦辦辦辦商要求其在商要求其在商要求其在商要求其在1111月月月月24242424日日日日提供對以上提供對以上提供對以上提供對以上建議的意見建議的意見建議的意見建議的意見

12

電訊局電訊局電訊局電訊局致力推廣消費者教育致力推廣消費者教育致力推廣消費者教育致力推廣消費者教育

• 播播播播放兩套放兩套放兩套放兩套電視電視電視電視（（（（包括免費及收費電視頻包括免費及收費電視頻包括免費及收費電視頻包括免費及收費電視頻道道道道））））及電台宣傳片及電台宣傳片及電台宣傳片及電台宣傳片

• 在報章在報章在報章在報章上刊登上刊登上刊登上刊登消費者注意事項消費者注意事項消費者注意事項消費者注意事項

• 發出消費者注意事項發出消費者注意事項發出消費者注意事項發出消費者注意事項：：：：流動數據服務

http://www.ofta.gov.hk/zh/c_alert/alert-mds.html

流動網絡營辦商為防止流動通訊服務帳單震撼而實施的措施http://www.ofta.gov.hk/zh/tips/servicetype/mobile/mobilebillshock.html

• 已推出流動上網服務已推出流動上網服務已推出流動上網服務已推出流動上網服務專題專題專題專題網站網站網站網站http://www.mobilenet.gov.hk/tc/home/index.html

13

電訊局電訊局電訊局電訊局致力推廣消費者教育致力推廣消費者教育致力推廣消費者教育致力推廣消費者教育

• 舉辦公眾舉辦公眾舉辦公眾舉辦公眾及學校講座及學校講座及學校講座及學校講座、、、、網上遊戲網上遊戲網上遊戲網上遊戲，，，，向市民向市民向市民向市民推廣推廣推廣推廣有關有關有關有關精明精明精明精明使用流動使用流動使用流動使用流動上上上上網服務的資訊網服務的資訊網服務的資訊網服務的資訊

• 由由由由2010201020102010年年年年12121212月月月月20202020日至日至日至日至2011201120112011年年年年2222月月月月2222日日日日推出一推出一推出一推出一輪消費者教育活動輪消費者教育活動輪消費者教育活動輪消費者教育活動，，，，在繁忙地鐵站大堂及在繁忙地鐵站大堂及在繁忙地鐵站大堂及在繁忙地鐵站大堂及候車月台候車月台候車月台候車月台、、、、東鐵沿線車廂內東鐵沿線車廂內東鐵沿線車廂內東鐵沿線車廂內、、、、以及來往中以及來往中以及來往中以及來往中港澳渡輪碼頭等地點所設的電視屏幕港澳渡輪碼頭等地點所設的電視屏幕港澳渡輪碼頭等地點所設的電視屏幕港澳渡輪碼頭等地點所設的電視屏幕，，，，播播播播放有關使用流動數據服務的放有關使用流動數據服務的放有關使用流動數據服務的放有關使用流動數據服務的宣傳片宣傳片宣傳片宣傳片

14

防止防止防止防止帳單震撼帳單震撼帳單震撼帳單震撼措施措施措施措施的成效的成效的成效的成效

• 2010201020102010年年年年流動數據流動數據流動數據流動數據服務服務服務服務投訴宗數投訴宗數投訴宗數投訴宗數

• 經經經經營辦商實施了多項措施營辦商實施了多項措施營辦商實施了多項措施營辦商實施了多項措施及及及及電訊局電訊局電訊局電訊局一連串一連串一連串一連串消消消消費者教育費者教育費者教育費者教育活動活動活動活動後後後後，，，，有關有關有關有關投訴情況已穩定下來投訴情況已穩定下來投訴情況已穩定下來投訴情況已穩定下來

• 電訊局會密切注視電訊局會密切注視電訊局會密切注視電訊局會密切注視帳單震撼的情帳單震撼的情帳單震撼的情帳單震撼的情況況況況及採取適及採取適及採取適及採取適當的措施當的措施當的措施當的措施

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1月 2月 3月 4月 5月 6月 7月 8月 9月 10月 11 月 12月

投訴

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15

謝謝謝謝謝謝謝謝!

Annex 4

1

The 68th Meeting of the Telecommunications Users and Consumers Advisory Committee

(13 January 2011)

OFTA’s Latest Statistics on Consumer Complaints on Telecom Services

(3rd Quarter of 2010)

4th Q 2009

1st Q 2010

2nd Q 2010

3rd Q 2010

Number of Cases found to involve

breach of the Telecommunications Ordinance/Licence

Conditions after Investigation Service Type

No. of Complaints

Received

Number of Cases Outside the Scope of the

Telecommunications Ordinance/ Licence

Conditions

No. of Complaints

Received

Number of Cases Outside the Scope of the

Telecommunications Ordinance/ Licence

Conditions

No. of Complaints

Received

Number of Cases Outside the Scope of the

Telecommunications Ordinance/ Licence

Conditions

No. of Complaints

Received

Number of Cases Outside the Scope of the

Telecommunications Ordinance/ Licence

Conditions

January to September 2010

Mobile 494 492 761 628* 617 603 910 906 2

Fixed Network 209 203 188 187 209 198 213 209 0

Internet 294 292 368 366 434 432 389 384 0 External Telecommuni- cations

41 41 31 31 22 22 30 30 1

Others 41 37 58 56 62 59 53 52 0

Unclassified 9 9 6 6 9 9 6 6 0

Total 1088 1074 1412 1274 1353 1323 1601 1587 3

Remarks: 1. The aforesaid statistics on consumer complaints about telecom services do not include reports made by consumers in respect of the Unsolicited Electronic Messages Ordinance.

2. * The number of complaint cases was updated by replacing 759 with 628 because 131 cases which were about the “Fair Usage Policy” of mobile services recorded in the 1st Quarter of

2010 were found to have contravened Section 7M of the Telecommunications Ordinance in May 2010.

Annex 4

2

A. Analysis of Complaints in the 3rd Quarter of 2010

Overview

� In the 3rd Quarter of 2010, OFTA received 1601 consumer complaints. The number of complaints recorded an increase from the past three

Quarters. It was mainly due to the increase in complaints about mobile communications services. Among the complaints in the 3rd Quarter of

2010, 1587 cases (99.1% of all consumer complaints) were outside OFTA’s scope of jurisdiction as they did not involve any breach of the

Telecommunications Ordinance (“TO”) or licence conditions (“LC”). The majority of these complaints were concerned with disputes on

bills/contract terms/service termination (903 cases), dissatisfaction with customer service (296 cases) and dissatisfaction with the quality of

mobile/fixed network/broadband services (228 cases). The total number of these 3 types of complaints accounted for 90% (1427 complaints)

of the cases which did not involve any breach of the TO or LC. OFTA referred these cases to the operators, which would contact the

complainants directly to resolve the issues.

Cases Involving Possible Breach of the TO or LC

� The remaining 14 cases (0.9%) of all consumer complaints in the 3rd Quarter were related to possible breach of the TO or LC, i.e. which might

be within OFTA’s scope of jurisdiction. Among these 14 cases, 6 cases (42.9% of the possible breaches) were related to alleged misleading or

deceptive sales conduct of salespersons, with 3 cases involving Internet services, 2 cases concerning mobile communications services and 1 case

about fixed network services. The remaining cases involving possible breach of the TO or LC included 4 cases related to access by operators

to public areas of buildings for the installation of telecommunications/broadcasting equipment and networks, 3 cases related to alleged

discrepancy between the concessionary service plans and the promotional information provided by telecommunications service providers, and 1

Annex 4

3

case related to an Internet service provider which was alleged to conceal that the modem provided by it could not support the speed of its

broadband services. OFTA would conduct investigation on possible breach of the TO or LC should there be sufficient prima facie evidence.

Mobile Services

� In the 3rd Quarter of 2010, among all the consumer complaints received by OFTA (including cases not involving breach of the TO or LC), there

were 910 complaints related to mobile services, accounting for 56.8% of all complaints. The number of cases was substantially higher than

that in the 2nd Quarter of 2010 (617 cases). Among the 910 cases in the 3rd Quarter, the majority of complaints received were related to

disputes on bills/contract terms/service termination (564 cases). Others were related to dissatisfaction with customer service (168 cases) and

dissatisfaction with network service quality (118 cases), making up 93.4% (850 cases) of the total consumer complaints received by OFTA

involving mobile services. As for the cases involving possible breach of the TO or LC, there were 4 cases. Among these cases, 2 cases were

related to alleged misleading or deceptive sales conduct of salespersons. The remaining 2 cases were about discrepancy between a

concessionary service plan provided by a mobile service provider and information in promotional materials.

Fixed Network Services

� In the 3rd Quarter of 2010, the consumer complaints related to fixed network services accounted for 13.3% (213 cases) of the total number of

consumer complaints received by OFTA. The complaint rate was slightly lower than that in the 2nd Quarter of 2010 (15.4%, 209 cases). The

main types of complaints in the 3rd Quarter of 2010 were related to disputes on bills/contract terms/service termination (113 cases),

dissatisfaction with customer service (46 cases) and dissatisfaction with network service quality (19 cases), totalling 178 cases or 83.6% of the

total number of complaints related to fixed network services. A total of 4 cases about fixed network services involving possible breaches were

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lodged in the 3rd Quarter of 2010. Among these cases, 3 cases were related to access by operators to public areas of buildings for the

installation of telecommunications/broadcasting equipment and networks while the remaining 1 case was related to alleged misleading or

deceptive sales conduct of salespersons.

Internet Services

� In the 3rd Quarter of 2010, there were 389 cases of consumer complaints received by OFTA related to Internet services, accounting for 24.3% of

the total number of complaints. The complaint rate was lower than that in the 2nd Quarter of 2010 (32%, 434 cases). The major issues were

related to disputes on bills/contract terms/service termination (194 cases), dissatisfaction with network service quality (90 cases) and

dissatisfaction with customer service (64 cases). These three types of complaints made up 89.5% (348 cases) of the total complaints received

involving Internet services in the 3rd Quarter. A total of 5 complaints about Internet services involving possible breaches were lodged in the 3rd

Quarter of 2010. Among these cases, 3 cases were about alleged misleading or deceptive sales conduct of salespersons, 1 case was about

discrepancy between the concessionary service plans and the promotional information provided by an Internet service provider, and 1 case was

about an Internet service provider which was alleged to conceal that the modem provided by it could not support the speed of its broadband

services.

� The figures in the columns of “Number of Cases Outside the Scope of the Telecommunications Ordinance/Licence Conditions” and “Number of

Cases found to involve breach of the Telecommunications Ordinance/Licence Conditions after Investigation” of the above table do not include

complaints under study/investigation.

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B. Case Analysis of Breach of the Telecommunications Ordinance/Licence Conditions

� In the 3rd Quarter of 2010, no breach of the Telecommunications Ordinance/licence conditions was established.

Statistics on Consumer Complaints Received by OFTA

Service Type 2007 2008 2009 2010 (1st to 3rd Quarters)

Mobile 1321 1550 1754 2288 Fixed Network 1414 1292 909 610 Internet 1451 1284 1104 1191 External Telecommunications 79 80 123 83 Others 385 144 122 129 Unclassified 11 20 39 21 Total 4661 4370 4051 4322