A voluntary code of practice which requires provisions in telecommunications service contracts to be balanced, fair and reasonable has been published, and details are available at the Office of the Telecommunications Authority's website.

The code, which offers the telecommunications industry guidelines on the drawing up of service contracts, will be followed by local fixed telecommunications network service licensees, local fixed carrier licensees, mobile virtual network operators, Internet service providers and external telecommunications service operators on a voluntary basis and takes immediate effect.

It requires that language used in contracts be plain and words legible. Salient points of a contract, such as the compensation clauses and terms for any early termination, should be presented in a prominent place or highlighted in the contract.

With the duration of fixed-term telecommunications service contracts increasing to as long as 36 months, the Telecommunications Authority believes it is important such contracts be prepared and presented in a fair and transparent manner to enable consumers to make an informed choice.

Compliance reviews possible

While the code is voluntary, the authority can, on a case-by-case basis, and to the extent that it is relevant to an issue in question, take into account the failure of concerned licensees in complying with the code in enforcing any provisions of the Telecommunications Ordinance and licence conditions. The authority may periodically review and publish reports on the compliance of operators with the code.

Meanwhile, the Code of Practice for the Service Contracts for the Provision of Public Mobile Radiotelephone Services issued in 2001 has also been revised to extend its scope to the third generation (3G) service providers.

On doorstep sale activities, while the authority is not empowered to take action against the annoyance caused by sales activities of telecommunications operators, they are urged to conduct such visits only with the permission and without causing any nuisance to residents.

A consumer alert has also been published on OFTA's website to enhance public awareness of how to handle unsolicited doorstep sales visits.