ABOUT THE MEDIATION SERVICE FOR TELECOMMUNICATIONS
THE TELECOMMUNICATIONS MEDIATION SERVICE
The Law of 21 March 1991 on the reform of certain public economic enterprises has set up a Telecommunications Mediation Service at the Belgian Institute for Postal Services and Telecommunications, responsible for relations between the end-user, within the meaning of the legislation in force on electronic communications, and the following persons:
- Any operator;
- Any person who compiling, selling or distributing a telephone directory;
- Any person providing a telephone enquiry service;
- Any person operating electronic communications systems;
- Any person providing public encryption services;
- Any person providing other activities related to electronic communications and any provider of radio transmission and/or broadcast distribution services, as far as end-user complaints concern intermediate invoices, the contractual provisions and the operator’s general terms and conditions.
COMPOSITION
The Office of the Ombudsman is composed of two members belonging to different language roles. The Office of the Ombudsman acts as a college. The King appoints the members of the Office of the Ombudsman by a decree consulted in the Council of Ministers, for a renewable term of five years.
It should be noted that the term ‘college’ as referred to in the law of 21 March 1991 is not the same as that in the Royal Decree that clarifies the conditions to be met by the qualified entity referred to in Book XVI of the Economic Code. The latter states that when consumer disputes are settled by a college, the number of representatives of consumers and businesses is equal. The law of 21 March 1991 on the reform of certain economic public enterprises specifies that: “the Ombudsman Service shall be composed of two members; they belong to a different language role. The Ombudsman Service acts as a college. Nevertheless, the Ombudsmen may grant each other delegations by means of a collegiate decision approved by the Minister responsible for telecommunications.”
Telecom Mediation Service
For Dutch and German-speaking complaints
Mr. Luc Tuerlinckx, Ombudsman
Koning Albert II-laan 8 box 3
1000 Brussels
Tel: 02 223 09 09 – Fax: 02-219 86 59
E-mail: klachten@ombudsmantelecom.be
Ondernemingsnummer: 0243.405.860
MEDIATION SERVICE FOR TELECOMMUNICATIONS
For French-speaking and English complaints
Mr. David Wiame, Ombudsman
Boulevard Roi Albert II 8 boîte 3
1000 Bruxelles
Tel.: 02 223 06 06 – Fax: 02 219 77 88
E-mail: plaintes@mediateurtelecom.be
Enterprise number: 0243.405.860
FUNDING
The King determines by decree consulted in the Council of Ministers, on the advice of the Institute, the human and material resources to be made available to the Mediation Service for Telecommunications by the Belgian Institute for Postal Services and Telecommunications.
The operating costs of the Telecom Mediation Service are covered by the Belgian Institute for Postal Services and Telecommunications. In order to finance the services of the Telecom Mediation Service, the companies referred to in Article 43bis, § 1, of the Law of 21 March 1991 on the reform of certain economic public enterprises, pay an annual contribution to the Belgian Institute for Postal Services and Telecommunications that is determined on the basis of the costs of financing the Telecom Mediation Service, referred to as “ombuds contribution”.
Each year, the Institute determines the amount of the contribution due from each undertaking referred to in Article 43bis of the law. The companies referred to in Article 43bis, § 1, of this law, shall notify the Belgian Institute for Postal Services and Telecommunications the revenue achieved in the previous year for each of the activities falling within the competence of the Mediation Service by 30 June each year.
The amount of the contribution corresponds to the amount of the financial budget required for the operation of the Mediation service that is entered in the budget of the Belgian Institute for Postal Services and Telecommunications for the current year, after advice from the Inspection of Finance and the Advisory Committee on Telecommunications, multiplied by a coefficient, equal to the company’s share of the revenue achieved during the previous year by all the companies concerned for the activities falling within the competence of the Mediation Service.
The first EUR 1,240,000 of each company’s revenue is not taken into account when calculating the ombudsman’s contribution. The contributions must be paid to the account number specified by the Belgian Institute for Postal Services and Telecommunications, no later than 30 September of the year for which they are due. Contributions that are not paid on the fixed due date, automatically and without formal notice give cause to interest at the legal rate increased by 2%.This interest is calculated in proportion to the number of calendar days overdue. No later than one month before the due date, the Institute shall notify the companies, referred to in Article 43bis of the law, of the amount of the contribution owed.
Each year, the Ombudsmen submit the draft budget of the Telecom Mediation Service to the Advisory Committee on Telecommunications for its advice. The budget of the Telecom Mediation Service forms a separate part of 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 mission, can be obtained by post on simple request (Telecom Mediation Service, Boulevard du Roi Albert II 8 box 3, 1000 Brussels – Tel. 02 223 09 09 – Fax 02 219 86 59 – klachten@ombudsmantelecom.be).
