영국의 통신이용자 보호법제와 피해구제절차

The Legal System and Dispute Resolution for Communications Consumers in the U.K. Soon Chul Huh The term ‘communications consumer’ is more commonly used than ‘communications user’ in the U.K. Under the Communications Act of 2003, the word ‘consumer’ is referred to “domestic and small business customer” meaning a customer of communications provider who is neither—(a) himself a communications provider; nor (b) a person who is a customer in respect of an undertaking carried on by him for which more than ten individuals work. Ofcom explains that complaint means an expression of dissatisfaction made to a communications provider related to its products or services, or the complaints-handling process itself, where a response or resolution is explicitly or implicitly expected. Under the Act, Ofcom is an independent organization which regulates the UK’s broadcasting, telecommunications and wireless communications sectors. General condition 14.4, made by Ofcom, requires all communications providers to have a complaints handling code of practice. For example, BT(British Telecommunications) has code of practice for residential customers and small businesses including its code on how to make a complaint and its complaints handling procedure. However, if a communications consumer is still not happy after following the BT's procedure and he has received a deadlock letter or it has been eight weeks since his first complaint was made, he can refer his complaint to the Telecommunications Ombudsman, Otelo. As you may already know, Alternative Dispute Resolution is a well established and important mechanism for giving a consumer access to justice where recourse to the court system by the consumer may be impossible or impractical due to cost and resource restraints. Therefore, Otelo hears disputes from most of the fixed telecommunications industry and from two of the four major mobile operators including BT, and it is a good mechanism for dispute resolution in the U.K.