Paid information numbers are those starting with 0900, 0906, 0909 and 18xy. OPTA issues these numbers to number holders. They may use these numbers themselves or give them to number users to use. They themselves may decide how much it will cost to call their numbers. Under the terms of the Telecommunications Act it is not only the holders and users of paid information numbers that are responsible for their use but also the public electronic communications service providers who charge the fees for the calls involved.
Legislation as of October 2008
The rules stipulated in the Telecommunications Act are constantly evolving. For instance, mention is made of a duty on the part of number users to affiliate to a dispute resolution committee. It is not yet known when this duty will begin to apply.
In 2008 the Telecommunications Act was amended to provide even greater protection to consumers calling paid information numbers. The most important amendments of October 2008 are listed below.
Misuse of numbers and OPTA’s powers
The misuse of 0900 and 18xy numbers is prohibited. Misuse may occur where:
- incorrect information is provided before a call commences, for example, in relation to the total cost of that call;
- essential information is omitted before a call commences, for example, the rate per minute or charge per call;
- callers are kept in a queue without eventually getting to speak to anyone or any service being provided;
- a number user breaks a connection without providing any service in the case of a number for which a fixed call tariff applies.
OPTA may take action if it suspects that 0900 and 18xy numbers are being misused. It may:
- suspend payments to that number;
- arrange for the number to be discontinued;
- publish the name of the relevant number user in the Staatscourant [Government Gazette], thereby making it mandatory for all electronic communications service providers that levy charges for calls to the number concerned, to cease levying such charges and to refund callers.
Duties pertaining to tariff (maximum or otherwise) announcements
Callers to 0900, 0906, 0909 or 18xy numbers must hear a precise statement of the charge before the call commences. Both the relevant number users and public electronic communications service providers that charge consumers for the costs involved are responsible for this. In the case of calls to 0900 numbers which are charged at a rate in excess of EUR 0.15 per minute the tariff announcement must also state the maximum tariff.
NB. This consequently does not apply to 0906, 0909 and 18xy numbers. Neither does this duty apply in the case of 0900 numbers for which a flat fee is charged per call rather than by the minute.
In the case of advertisements the relevant number users have a duty to state the tariffs applicable for calls to 0900, 0906, 0909 or 18xy numbers. The same applies with regard to a maximum tariff announcement. It remains mandatory in the case of advertisements for 0900 numbers that cost in excess of EUR 0.15 per minute.
Regulations as of July 2008
The following are the most important amendments of the Telecommunications Act which occurred in July 2008.
Stricter checks when issuing paid numbers
OPTA conducts stricter checks when issuing paid numbers. If it has doubts about the integrity of a number applicant, it requests advice from Bureau Integriteit Bevordering Openbaar Bestuur [Public Administration Probity Screening Agency] (BIBOB). OPTA may refuse to assign a number, if it is recommended that the relevant application be turned down.
Definition of number user
A number user is anyone who uses a number. Specific duties apply in the case of such a party.
Duties of number holders and users
- Prohibition against passing on numbers.
A number holder may provide a number to a number user, if he does not use it himself. A number user may never give a number to someone else to use.
- Duty of number holders to keep a record of number users’ details
By 1 January 2009 09x number holders were required to create an up-to-date data file in which to register the details of number users and the numbers they use. This includes:
- their name and address;
- their telephone number;
- the period during which the relevant number is to be used;
- the period during which no charge is to be levied for the service associated with any calls in addition to that for the relevant electronic communications services;
- the name, address and telephone number of the platform provider responsible for connecting the number concerned.
Provision of information to OPTA
OPTA has the power to demand information. A number holder is required to provide information immediately, if OPTA asks for it. If he fails to do so, OPTA may impose a fine or conditional penalty.