Challenging poor services<\/p>\n
Winahyo Soekanto, Lawyer, Consumer Care Foundation (YPK),
\nJakarta<\/p>\n
There's a lesson to be learned from Australia on the danger of
\npoor -- no, downright bad -- service of public utilities.<\/p>\n
In February, the Australian Communication Authority (ACA) in
\nSydney ordered an investigation into the country's largest
\ntelecommunications operator, Telstra, following complaints from
\nthe family of a 10-year-old, asthmatic patient named Sam
\nBoulding.<\/p>\n
The family claimed that their son died recently because
\ntelephone line trouble over the previous 10 days prevented them
\nfrom calling an ambulance in time to help save the child after he
\nfell ill.<\/p>\n
Sam's mother had apparently contacted Telstra 30 times to ask
\nthat the line be fixed.<\/p>\n
Preliminary findings showed that Telstra's priority service
\nwas lacking, prompting the ACA to impose an additional condition
\nfor the company's operating license -- namely, that it must
\nprovide effective service for people with life-threatening
\nmedical conditions.<\/p>\n
The telecommunications minister also ordered Telstra to
\nimplement a fast-track system for consumers on its priority list
\nto ensure urgent service.<\/p>\n
In fact, a 24-hour repair service is to be guaranteed, with
\nadditional temporary service, if necessary.<\/p>\n
This is certainly a relief that the public has heavy artillery
\nat its disposal in its campaign for better services.<\/p>\n
Telecommunications operators risk major lawsuits on the basis
\nof liquidated or consequential damage in cases such as this.<\/p>\n
Let's say, for example, that the telephone lines in your
\noffice had gone on the blink for three weeks.<\/p>\n
But instead of getting an alternative phone line, you had
\nspent the last two weeks repeatedly lodging complaints, to which
\nthe telecommunications company merely responded with promises of
\nrepair -- within 15 days at the latest.<\/p>\n
Then came the important day when you were supposed to close an
\nimportant deal -- but it fell through because your business
\npartner could not reach you.<\/p>\n
Hence the need for the heavy artillery.<\/p>\n
The 2000 Customer Service Guarantee established by the ACA
\ndefines damage as situations in which telephone service cannot be
\nused -- either for calling, or receiving calls.<\/p>\n
Sam Boulding lived in Victoria, where repair service is
\npromised one day after a complaint is filed. A 10-day lapse, in
\nthis case, was clearly negligence.<\/p>\n
The general damages ruled by the Customer Service Guarantee is
\nA$12 for the first five days, and A$40 for each following day.<\/p>\n
By Australian standards, the telephone company in Indonesia
\nindeed has it easy.<\/p>\n
A ministerial regulation stipulates that operators first find
\n\"the source of the trouble\" within two days of receiving a
\ncomplaint. Then they have three days in which to begin repairs.<\/p>\n
After that, they have 10 days to complete the repairs. Only
\nafter these periods expire do consumers have a right to
\ncompensation -- though law enforcement is the main obstacle.<\/p>\n
Here, evidence of poor service on both fixed lines and
\ncellular telecommunications operators can be found on a daily
\nbasis.<\/p>\n
One leading news website, for instance, recently ran a
\ncomplaint of a consumer of the ProXL cellular service in Serang,
\nBanten, that he had been unable to use his mobile for four months
\ndue to poor signal transmission.<\/p>\n
He claimed that 37 other people in the area had similar
\ncomplaints, and that the promised repair service never
\nmaterialized -- despite his having sent out a map of the area to
\nthe ProXL operator.<\/p>\n
This went on despite the fact that Law No. 8\/1999 on
\nprotection of consumers' rights bans operators against
\ndiscrimination by lowering the standard of service in areas
\nconsidered less than profitable.<\/p>\n
Just because Serang is not as good a market as other areas,
\nfor instance, does not mean that ProXL is entitled to give out
\nlesser service to reduce operating costs.<\/p>\n
The ProXL consumers in Serang are entitled to direct
\ncompensation for the failure to repair services within 13 working
\ndays -- as stipulated in the Post and Telecommunications
\nDirectorate General Decree No. 266\/1999.<\/p>\n
Because the 13-day limit has been repeatedly breached,
\nconsumers, in fact, are entitled to 10 times the compensation!<\/p>\n
This is not enough, however, because there should be
\nopportunities for consumers to seek special compensation for
\nconsequential damages because of the missed important
\ncommunications.<\/p>\n
Unfortunately, despite so many \"letters to the editor\" on
\ncomplaints from telecommunication consumers, not many responses
\nhave been forthcoming from the Directorate General of Post and
\nTelecommunications.<\/p>\n
The agency -- the regulator and monitor of services by
\ntelecommunications operators -- has not informed the public of
\nactions taken, if any, such as reprimands or investigation into
\nhow such poor services remain in place.<\/p>\n
In at least one case, the agency only responded by forming an
\ninvestigative team only after a group of consumers filed a class
\naction suit against one cellular phone operator.<\/p>\n
The Koran Tempo daily reported a case involving a consumer of
\nTelkom in Central Jakarta whose number 57191xx remained dead for
\ntwo weeks despite repeatedly having contacted the telephone
\ncompany to complain.<\/p>\n
Apparent complacency on the part of Telkom, which once
\ndeclared itself a \"world-class operator\" with an ISO-9000
\ncertificate, could only come from the fact that it has no rivals.<\/p>\n
According to a decree of the Director General of Post and
\nTelecommunications, consumers have the right to compensation
\nwhenever Telkom fails to meet the standard of service.<\/p>\n
Again, the compensation of mere free subscription fees are far
\nfrom enough. Consumers should be able to file for consequential
\ndamages for Telkom's failure to provide standard services except
\nin circumstances such as damaged central telephone lines, or the
\nbackbone transmission network.<\/p>\n
What the consumer needs is the ability to protest poor public
\nservices -- services which can often lead to damage and,
\nsometimes, even death.<\/p>",
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