The Telecommunications Act stipulates the obligations of telecommunications service providers and other businesses. OPTA regulates more than 10 sectors, thereby ensuring that market parties deal with consumers decently. On the one hand, OPTA conducts random checks. On the other hand, it frequently commences regulatory work after receiving reports of a possible offence. OPTA receives such reports from market parties, the political establishment or consumer organisations. In addition, complaints are also received from consumers through the ConsuWijzer website, a portal that is jointly run by OPTA, NMa and the Consumer Authority. OPTA acts, if any telecommunications service provider or some other business fails to comply with the relevant regulations and consumers are harmed as a result.
Offences
Where a business fails to comply with the rules, OPTA will first call it to account for its conduct. If this does not lead to the cessation of the relevant offence, OPTA may impose sanctions, such as a fine or conditional penalty.
Collaboration
OPTA works together with other regulatory authorities to protect consumers. For instance, it has entered into a collaboration protocol with the Consumer Authority, which sets out which regulator will take the initiative where their jurisdictions overlap. If necessary, the regulatory authorities coordinate their approach to problems together.
Self-regulation
In the case of some matters there are no laws or regulations which can resolve all problems. In such a case the relevant parties may agree on common rules of conduct on their own initiative or at OPTA’s request. For instance, a number of internet service providers have made arrangements to tackle difficulties related to switching, while providers of SMS services have set out how they will provide services to consumers in the form of a code of conduct.