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A. French-language

Service de médiation pour les télécommunications

Monsieur Jean-Marc Vekeman, Médiateur
Boulevard Roi Albert II 8 boîte 3
1000 Bruxelles

Tél : 02 223 06 06 – Fax 02 219 77 88
E-mail : plaintes@mediateurtelecom.be

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B. Dutch-language, English-language and German-language complaints

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Ombudsdienst voor Telecommunicatie

De heer Luc Tuerlinckx, Ombudsman

Koning Albert II-laan 8 bus 3
1000 Brussel

Tel : 02-223 09 09 – Fax : 02-219 86 59
E-mail : klachten@ombudsmantelecom.be

Telecommunications Ombudsman's Office

The Telecommunications Ombudsman's Office, which was set up within the Belgian Institute for Postal and Telecommunications Services by the Act of 21 March 1991 on the reform of certain public business undertakings, has powers concerning the relations between the end-user, within the meaning of the prevailing legislation on electronic communications, and the following persons: any operator; any person compiling, selling or distributing a directory; any person providing a directory enquiry service; any person operating electronic communications systems; any person providing encryption services to the public; any person offering other activities relating to electronic communications and any provider of radio transmission and/or radio broadcasting services, provided that it concerns complaints from end-users about intermediate bills, contractual arrangements and the operator's general terms and conditions.

Our rules of procedure are available here (PDF .pdf - 172Ko) .

Composition

The Ombudsman's Office consists of two members; they each speak a differential official language of Belgium. The Ombudsman's Office acts as a board. The members of the Ombudsman's Office are appointed by the King, by decree deliberated on by the Council of Ministers, for a renewable term of five years.

Please note that the notion of baoard of the law of March 21st 1991 is different than the one found in the Royal Decree describing the conditions that a qualified entity must abide to in the Economic Code, Book XVI. Indeed, the Royal Decree states that "when the resolution of consumer complaints is done in a board, the amount of consumer representative and the entreprise representative is equal." The law of March 21st 1991 states that "The Mediation Office is constituted by 2 members, from a different language. The Mediation Office act as a board. Although, the Ombudsmen can give each others some delegations, by a board decision, approved by the Minister who has the telecommunications in its attributions.

At present, Mr. Luc Tuerlinckx is the Dutch-speaking Ombudsman ad Mr. Jean-Marc Vekeman is the French-speaking Ombudsman.

Funding

The King decides, by decree deliberated on by the Council of Ministers, based on a recommendation from the Institute, on the human and financial resources that the Belgian Institute of Postal Services and Telecommunications should allocate to the Telecommunications Ombudsman's Office.

The operating costs of the Telecommunications Ombudsman's Office are paid for by the Belgian Institute of Postal Services and Telecommunications. In order to pay for the services provided by the Telecommunications Ombudsman's Office, the undertakings referred to in Article 43bis, § 1 of the Act of 21 March 1991 on the reform of certain public business undertakings pay an annual fee to the Belgian Institute of Postal Services and Telecommunications, based on the cost of funding the Telecommunications Ombudsman's Office, known as the 'Ombudsman fee'.

Each year, the Institute sets the amount of the Ombudsman fee payable by each of the undertakings referred to in Article 43bis of the Act. The undertakings referred to in Article 43bis, §1 of the Act shall notify the Belgian Institute of Postal Services and Telecommunications by 30 June of each year of the sales revenue generated the previous year for each of the activities which falls within the powers of the Ombudsman's Office.

The amount of the Ombudsman fee shall correspond to the amount of funds necessary for the operation of the Ombudsman's Office and entered into the current year's budget of the Belgian Institute for Postal Services and Telecommunications, based on a recommendation from the Finance Inspectorate and the Consultative Committee on Telecommunications, multiplied by a coefficient equal to the undertaking's share of the sales revenue generated the previous year by all the undertakings concerned for the activities falling within the powers of the Ombudsman's Office.

The first 1,240,000 EUR of the sales revenue of each undertaking shall not be taken into account for the calculation of the Ombudsman fee. The Ombudsman fees shall be payable by 30 September of the year for which they are due, to the account number indicated by the Belgian Institute for Postal Services and Telecommunications. Interest at the legal rate plus 2% will be charged on fees not paid by the prescribed date, as of right and without notice of default. This interest shall be calculated pro rata for the number of days of arrears. No later than one month before the due date, the Institute shall notify the undertakings referred to in Article 43bis of the Act of the amount of the fee payable.

Each year, the Ombudsmen shall submit the draft budget of the Telecommunications Ombudsman's Office for the opinion of the Consultative Committee on Telecommunications. The budget of the Telecommunications Ombudsman's Office shall be shown separately within the budget of the Belgian Institute for Postal Services and Telecommunications.

All this information, as well as our annual reports, our rules of procedure and our missions may be obtained by post on request (Telecommunications Ombudsman's Office, Koning Albert II-laan 8 bus 3, 1000 Brussels – Tel. 02 223 09 09 – Fax. 02 219 86 59 –klachten@ombudsmantelecom.be).

BlindSurfer, February 2006

Legal information

Telecom Mediation Service
Koning Albert II-laan 8 bus 3, 1000 Brussel - Tel 02 223 09 09 - Fax 02 219 86 59