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  • Feb 23rd, 2017
  • Comments Off on Warid/Mobilink franchises directed to resolve their issue amicably
A parliamentary panel on Wednesday directed the franchisee of Warid/Mobilink Telecom across the country and Jazz to sit together and resolve their issue amicably. The Senate Standing Committee on Information Technology and Telecommunication met with Shahi Syed in the chair here on Wednesday.

The committee was informed that after the merger of Warid Telecom and Mobilink, about 263 franchises of Warid and Mobilink was shut down by the order of Jazz top management. The reason was told as they were situated at short distances and would be unprofitable if both continue to run their business after the merging of two telecom companies.

Jazz representative Ali Nasir told the committee it was impossible after the merging to continue working all the franchises. After due diligence, it was decided to shut down some, though majority of them were related to Warid Telecom and some of the Mobilink. He also claimed that since July 2016, all the franchises have been informed that the merging between two telecoms is in progress, which would result shutting down some franchises. And in January 20, 2017, about 263 franchises were shut down.

The franchise agreements between licensees and franchisee are executed on the basis of their business and commercial requirements and terms and conditions mutually agreed upon by both parties. These agreements are governed under the contract law and also contain the termination clauses.

One of complainant franchisees, Naeemul Haq told the committee that on January 19, 2017 the Jazz directed all the franchises to meet their targets and regretted that on 20th January 2017, an email was circulated that the company has shut down some franchises. "We were not told why they are closed," he said. The chairman of the IT committee directed the management of Jazz and franchisees to set together and find out amicable solution to the matter. The committee was of the view that being a private company, it was good omen on part of Jazz, who appeared in Senate committee to respond some quarries of senators. The committee was of the view that though it was private matter, it would protect the rights of franchisees and consumers also.

The committee was also informed that the government has allocated Rs 1109.249 million under Public Sector Development Programme (PSDP) 2016-17 for Ministry of Information Technology for its 13 different developmental projects. Up to December 2016, the government has released Rs 317.278 million for the above projects and actual utilisation was Rs 290.411 million. The committee also directed the Pakistan Telecommunication Authority (PTA) to ensure protection of telecom consumers from unsolicited marketing.

Member Enforcement PTA Abdul Samad informed the committee about controlling the unsolicited marketing SMSs by Telecos to cellular subscribers, while saying PTA under the Pakistan Telecom (Re-Organisation) Act, 1996 (the "Act"), is obligated to protect consumer interests and ensure the redressal of consumer complaints by telecom companies through effective regulatory framework. In this regard, PTA notified the "Protection from Spam, Unsolicited, Fraudulent and Obnoxious Communication Regulations 2009."

Transmission of marketing messages by licensed operators is only allowed from 09:00am to 09:00pm as per "Protection from Spam, Unsolicited, Fraudulent and Obnoxious Communication Regulations, 2009."

The consumers have the facility to register them in Do not Call Register (DNCR) by sending a message at short code 3627 with the text "reg". Once the subscriber is registered at DNCR then no promotional messages will be delivered to such subscriber.

At any later stage if a subscriber wants/opts to receive the messages, he/ she can do it by sending a message "unreg" to short code 3627. As per practice over the world, Cellular Mobile Operators (CMOS) have installed anti-spam filters at their respective networks for blocking of SMS communication that surpass a certain frequency of SMS in a given time. Furthermore, CMOS are carrying out offline analysis of SMS communication whereby those mobile subscriptions are blocked that is sending a large number of SMS in a one way communication.

With the efforts of PTA, all mobile operators have implemented a system for blocking of obnoxious calls and SMSs. This system operates through a short code ie 420. A subscriber can send obnoxious/ unwanted caller's number through SMS or call at 426. The operator then restricts that number from calling the customer again. This saves a consumer for unnecessary bothering from any unwanted call/ SMS sender. Different operators charge a different fee for this service. In case SMSs are being transmitted by individuals to subscribers, same can be reported (these text messages) to a dedicated short code 9000 against the message originator and on confirmation the number of the Spammer is blocked.

If any consumer makes complaint to operator and/or PTA, the originating telephone number along with number mentioned in SMS contents for communication purpose are suspended on account of unsolicited communication. The committee recommended that the M/o IT should take concrete measures for smooth functioning of curricular activities in TIP schools & college and can approach court of law to get a restraining order to remove restrictions on functioning of that entities which also creates law and order situation in that area. The ministry may also take up the issue with the provincial government at an appropriate level for immediate responsive measures to control such law and order situation in future.



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