2.7.2 The complaints-handling procedure

The conciliation procedure follows those procedural guidelines which were drawn up during the first months after setting up Telekom-Control GmbH, after consultations with representatives of the interested parties (operators, Federal Chancellery, Chambers of Labour, Consumer Information Association), and adopted by the Supervisory Board of Telekom-Control GmbH on 29 June 1998.

The Conciliation Board will only conduct a complaints-handling procedure if the customer was unable to reach an agreement with the operator, simply because, as a matter of principle, the resolution of disputes and complaints is considered to be a task, in accordance with the TKG, that the individual operators must assume. In connection with disputes over payments, this approach has proved to be appropriate, since the operator is in an immediate position to check his technical facilities and his accounting.

The Conciliation Board will therefore ask customers to wait first for the outcome of his complaint to the operator. In the meantime, the Conciliation Board will not conduct any substantive probing into the complaint, but monitor the procedure conducted by the operator, by urging - as a regulatory authority - the expedient handling of the complaint and demanding the forwarding of copies of the operator's letters. If the complainant is not satisfied with the result of the procedure regarding the complaint, he may appeal again to the Conciliation Board within one month after receiving the final decision from his operator. In this event, the Conciliation Board will ask the operator to provide all relevant technical documents. If necessary, a technical expert will draw up an expert opinion, on the basis of these documents, as well as on any possible further information, obtained from the operator or the customer.

If there are doubts concerning the accuracy of the contested bill, or legal concerns, the Conciliation Board will come up with a proposal for a solution. If both sides accept the proposal within the time frame set by the Conciliation Board, a legally effective out-of-court settlement will be reached. If one side rejects the proposal for a solution, the complaints-handling procedure is ended. After an unsuccessful end to a complaints-handling procedure, it is possible to have regular recourse to the courts. According to § 64 (2) of the TKG the due date of a contested telephone bill is suspended as of the moment when the Conciliation Board is seized, i.e. as soon as a copy of the complaint concerning the contested invoice is communicated to the Conciliation Board, until the full procedure has been completed (the complaint to the operator, followed by a complaints-handling procedure, if necessary).

Independently of such steps, an amount corresponding to the mean sum for the last three invoiced amounts can be made due immediately.

If the complaint does not concern an operator's bill but, for example, the quality of a service, the procedure will be conducted with more flexibility, depending on the requirements.