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REGULATIONS, 2011

TELECOM CONSUMERS PROTECTION (AMENDMENT) REGULATIONS, 2011

[Gazette of Pakistan, Extraordinary, Part-II, 10th October, 2011]

S.R.O. 964(I)/2011, dated 22.9.2011.—In exercise of the powers conferred under sub-clause (o) of sub-section (2) of Section 5 of the Pakistan Telecommunication (Re-organization) Act of 1996, the Pakistan Telecommunication Authority is pleased to notify following amendments in the Telecom Consumers Protection Regulations, 2009.

1.         Short Title and Commencement.—(1) These Regulations shall be called the Telecom Consumers Protection (Amendment) Regulations, 2011.

(2)  They shall come into force from the date of gazette notification.

2. Amendment of Regulation 3, S.R.O. 300(I)/2009 of 2009.—In the Telecom Consumers Protection Regulations. 2009, amendments in Regulation 3 titled as "Definitions" at Page 1079 of S.R.O. 300(I)/2009 of 2009 shall be incorporated as follows:—

(a)        in sub-clause (xi) of sub-regulation (1) of regulation 3, the word "and" appearing after the semi-colon shall be deleted; and

(b)        after amending sub-clause (xi) of sub-regulation (1) of regulation 3 as above, a new additional sub-clause "(xi-a)" shall be inserted as follows:

            "(xi-a)  "Special Occasion" means Ramadan, Eid day, Hajj, New Year, Independence day, Shab-e-Baraat, Shab-e-Miraj pre-defined in terms of days with each package; and"

 

3. Amendment of Regulation 6, S.R.O. 658(I)/2010 of 2010.—In the Telecom Consumers Protection (Amendment) Regulations, 2010, the existing regulation 6 of "Withdrawal of Service" at Page 2025 of S.R.O. 658 (I)/2010 of 2010 shall be substituted and read as follows:–

"6. Withdrawal of Services.—(1) Operator(s) shall not withdraw provision of Services or any category of Services unless:—

(a)        the Operator gives the Authority and affected consumers at least 90 days prior written notice of such withdrawal; and

(b)        Authority's prior written approval to such withdrawal is obtained.

(2)  Operators may withdraw the provision of services of any limited time offer or bundle packages from Consumers, provided that such withdrawal is approved by the Authority, if required, and thirty (30) days prior notice is given to Consumers:

            Provided that in exceptional circumstances an operator may, with prior written approval of the Authority, withdraw the provision of services of any limited time offer or bundle package from Consumers. The operator shall notify the affected consumers after subject approval from the Authority:

            Provided further that in case of a limited time offer or bundle packages offered on a special occasion, the date of withdrawal of the special package shall be notified to the consumers clearly in all promotional modes of advertisement including but not limited to SMS, print, electronic media as well as on licensee's own website on the date of introduction of such package and at the time of activation of the package on the request of a consumer.

(3) The notice required under sub-regulations (1) & (2) shall be served to the Consumers through any of the following modes:

(i)         Personal Service;

(ii)        Registered courier mail;

(iii)       Invoice/bill;

(iv)       Short Messaging Service; and

(v)        USSD.

(4) In addition to the above, the operator shall post the subject notice required under sub-regulation (1) above; on its own website as well as shall publish the subject notice in the print media of the licensed service area from where withdrawal of services or any category of services is intended by the operator."