OPTA: KPN is making unreasonable demands in relation to switching telephone companies

KPN may not demand that other telephone companies submit written statements from any caller who wishes to switch. OPTA considers this to be unreasonable, because it could disadvantage consumers and frustrate the fixed telecommunications market. This is stated in OPTA’s new guidelines entitled Bijzondere Toegang en Slamming [Special Access and Slamming].

These guidelines are pertinent, because KPN is threatening to preclude carrier preselection (CPS) providers from the registration system for those customers who wish to switch. As of February KPN is demanding that these companies only enter into written contracts with their customers. OPTA believes that CPS providers must also be allowed to enter into verbal agreements based on telephonic acquisition.

In principle, OPTA feels that KPN’s demands are unreasonable. Consumers need to be able to respond quickly and easily to offers made by telecommunications companies. Demanding written agreements raises excessively high barriers against this. Indeed, consumers already have guarantees: a cooling-off period, reminders and rules prohibiting unsolicited transfers. Competition is fiercest in those countries in which verbal agreements are permitted. Consumers benefit from this.

The new guidelines are based on the principle that every subscriber must guarantee that subscribers cannot be transferred against their will. This phenomenon, which is known as slamming, is a minor albeit persistent problem. Nevertheless, OPTA feels that each instance of slamming is one too many. With the aid of these guidelines OPTA is affording protection to consumers against such unlawful transfers. At the same time KPN will be prevented from taking unreasonable action against slamming, thereby impeding competition. These guidelines will be applied when resolving disputes between CPS providers and KPN.

KPN may not demand that other telephone companies submit written statements from any caller who wishes to switch. OPTA considers this to be unreasonable, because it could disadvantage consumers and frustrate the fixed telecommunications market. This is stated in OPTA’s new guidelines entitled Bijzondere Toegang en Slamming.