User's rights

This section gives information on the contractual rights of the user of a communications service. Provisions on the user's rights are laid down in chapter 7 of the Communications Market Act. In addition to the law, users' rights and obligations are specified in subscriber connection agreements. The consumer's rights described in this section cannot be derogated from by agreement to the detriment of the customer.

Acquisition of a subscriber connection

User's right to a subscriber connection

The user has the right to obtain a subscriber connection to the fixed telephone network in the user's permanent domicile or location. A telecommunications operator may refuse to enter into an agreement for a subscriber connection only on grounds laid down in the Act. A refusal is entitled, if for instance the user has outstanding, matured undisputed debts incurred from the use of a telephone subscriber connection. The telecommunications operator is not obliged to provide the customer a broadband or mobile subscriber connection.

Agreement on the delivery of a communications service

According to the law, an agreement for a telephone or broadband subscriber connection shall be made in writing. On certain conditions, a subscriber connection agreement may also be made electronically on the operator's website. The agreement can be made either temporary or to be valid until further notice. For instance in tie-in sales, subscriber connection agreements are typically made for a two-year term.

Deposit or security required for a subscriber connection agreement

When a subscriber connection agreement is made, the operator may require from the customer a reasonable deposit or a security for the payments under the agreement for a subscriber connection to the fixed telephone network or mobile network, if there is special reason to this because of foreseeable insolvency of the customer. The telecommunications operator may then also require a reasonable balance limit be set in the subscriber connection agreement.

Delay in delivery and defect in service

Delay of a communications service

According to the Act, the delivery time for a subscriber connection shall be agreed upon in the agreement for a telephone or broadband subscriber connection. The operator shall deliver a subscriber connection to the fixed telephone network within a reasonable time.

According to the Act, sanctions for delays in delivery shall be specified in the agreement for a subscriber connection. If the delivery of a subscriber connection is delayed for reasons that are not attributable to the consumer, the consumer ha the right to refrain from making payments under the subscriber connection agreement until the service is delivered. In addition, the consumer may have the right to damages. In case of a delay, the customer should contact the telecommunications operator, and the requirements, if any, shall be presented to the operator.

Defect in a communications service

If the delivery of a telephone or broadband subscriber connection has been interrupted or if the service is not in compliance with the agreement, there may be a defect in the service. Typical defects in a communications service are for instance interruptions in the service or lower speeds in broadband connections than agreed upon.

According to the Act, the agreement on a subscriber connection shall also specify sanctions for defects. If the error is reparable, the consumer has the right to claim for a correction from the telecommunications operator. Furthermore, the consumer is entitled to a corresponding price reduction and a compensation for the damage possibly incurred.

Amending an agreement, restriction of use of a subscriber connection and termination of a subscriber connection agreement

Amending an agreement

A telecommunications operator may amend the terms of a subscriber connection agreement to the consumer's detriment only on the terms laid down in law. In tie-in sales, the terms of a temporary subscriber connection agreement may be amended by the telecommunications operator to the consumer's detriment only in case the amendment is necessary because of amendments in law or decisions by authorities.

The telecommunications operator shall notify the users of amendments in the agreement terms and their content no later than one month before the entry into force of the amended terms. The user then has the right to give notice of termination of the agreement immediately.

Giving notice of termination of a subscriber connection agreement

In agreements for telephone and broadband subscriber connections, the validity of the agreement and the procedure of giving notice of termination and grounds for termination shall be specified. Temporary subscriber connection agreements cannot usually be terminated during the period of validity.

Closure of a subscriber connection and cancellation of the agreement

A telecommunications operator has on certain conditions laid down in law the right to restrict the use of a telephone subscriber connection or to close it, if the user has not paid a matured payment. Provisions on some other grounds entitling the closure of a subscriber connection are also laid down in law.

A telecommunications operator may give notice of termination of a subscriber connection agreement, if the subscriber connection has been closed at least for a month and the conditions for disclosure still prevail. The difference between termination of an agreement and disclosure of the connection is that the disclosure may be revoked. The cancellation of an agreement is final.

Where to find help in problem situations?

FICORA is responsible for supervising the compliance with the Communications Market Act and regulations issued by virtue of it and certain provisions of the Act on the Protection of Privacy in Electronic Communications and the Act on Provision of Information Society Services. FICORA can be contacted in these matters.

FICORA cannot deal with contractual disagreement or questions of indemnities. In these matters the telecommunications operator should be contacted at the first place. Consumer clients may get advice and help for negotiations from municipal consumer advisers. A consumer may also submit the dispute to the Consumer Complaint Board. Additional information on making a complaint is available at the address www.kuluttajavalituslautakunta.fi.