Subscribers of “MGTS” OJSC are switching to GPON technology
Under the Target Programme for comprehensive modernization of Moscow City Telephone Network, “MGTS” OJSC has launched a project for constructing GPON networks (a modern technology of passive optical networks).
Due to numerous petitions from physical persons, the Federal Antimonopoly Service (FAS Russia) carried out a preliminary inspection related to “MGTS” OJSC switching its subscribers to a new technology of communication services - GPON.
As explained by “MGTS” OJSC, the company’s employees or company’s contractors (agents) carry out the works for switching its subscribers to GPON on the basis of the relevant contracts. The contract conditions specify strict requirements to the procedure and quality of works as well as penalties for non-compliance.
Before the works for switching to GPON, specialists contact subscribers to inform about specifics of rendering communications services using GPON and advantages of new technology, and obtain consent for the installation works. Subscribers also are informed that switching to GPON takes place only with a subscriber’s consent, and if a subscriber refuses to switch, communication services will be provided using the old technology.
Before commencing the works for switching to GPON, an Agent fills in and signs two copies of the following documents with a subscriber: an “Agreement” in addition to a contract for providing communications services, a scheme for connecting to a distributing network, a package of documents for the transferable client equipment, the documents included in the transferable client equipment, an equipment delivery-acceptance act, a consent for processing personal data, and, for a primary connection – an agreement for providing communications services.
To provide communications services using GPON it is necessary to install optical network terminals (ONT) in subscribers’ apartments, to which subscribers’ telephone sets, TV-tuners, computers, etc. are connected. All works related to replacing communications services technology with GPON, installing and connecting ONT in a subscriber’s apartment are completed by and at the expense of “MGTS” OJSC.
The works for replacing a copper cable with an optical cable and installing ONT include laying a cable to a subscriber’s apartment through the existing cable inlets. If necessary, a wall is drilled with an 8mm diameter screw-drill to lay an optical cable in a decorator cable-duct. The standard time for cable laying, including installing the equipment and signing the required documents, is 1.5 hours.
If all services ordered by a subscriber were provided and demonstrated to the client, the parties sign an Addendum to the contract for providing communications services – a Statement of Work Completion and Statements of Acceptance.
If after a subscriber was transferred to GPON, the subscriber disagrees with receiving services using this technology, “MGTS” OJSC resumes providing services to the subscriber using the old “copper” technology.
Thus, switching subscribers to GPON must take place only upon a subscriber’s consent.
If there is no interest in receiving GPON-based services and a subscriber is not happy with the conditions of their provision, the subscriber can refuse to receive such services and can continue receiving telephone services using the old technology.
FAS points out that under Article 10 of No.2300-1 Federal Law “On Consumer Right Protection” of 7th February 1992, a fabricator (executor, seller) must timely provide essential and accurate information to consumers about the goods (works, services), to enable consumers to make the right choice.
Under the Regulations on the Federal Service for Consumer Rights and Human Welfare Protection (Rospotrebnadzor), approved by No.322 Decree of the Government of the Russian Federation of 30th June 2004, Rospotrebnadzor is the authorized federal executive body exercising the functions for control and supervision over consumer rights and consumer market.
Also, according to Article 55 of No.126-FZ Federal Law “On Communications” of 7th July 2003, in a case of failure to execute or improper execution of the obligations specified in a contract for providing communications services, a user of communications services shall make a claim to the provider before filing a lawsuit.
Claims must be filed within six months after the date of rendering the communication service, a refusal to provide it or the date of invoicing for the rendered services – on the issues related with a refusal to provide a service, untimely or improper execution of the obligations specified in a contract for providing communications services, or failure to carry out or improperly carrying out telecommunications works.
A claim should include a copy of a contract for providing communications services or other documents confirming a fact of concluding the contract (a receipt, a list of enclosures, etc.) and other documents required to consider a claim substantially. The documents must contain information about failure or improper execution of the obligations specified in a contract for rendering communications services, and if a claim is submitted to compensate damages – about the fact and the size of the inflicted damage.
A claim must be considered no later than 60 days after the claim was registered. A person that submitted a claim must be informed in writing about the results of claim examination. If a claim is rejected fully or partially, or a response was not received within the statutory period, a user of communications services can file a lawsuit.
Thus, in case of claims on the quality and the procedures for obtaining communications services from “MGTS” OJSC using GPON, particularly, rendering information about the conditions of GPON services, subscribers can approach Rospotrebnadzor (build. 5 and 7, 18, Vadkovsky Pereulok, Moscow, 127994, tel. +7 (499) 973-26-90) or complaint to the provider in accordance with the established procedures.