Nigerian Communications (Consumer Code of Practice) Regulations 2024 PDF

# Federal Republic of Nigeria Official Gazette ## No. 129 **Lagos - 30th July, 2024** **Vol. 111** **Government Notice No. 25** The following is published as supplement to this Gazette: | S. I. No. | Short Title | Page | |---|---|---| |24 | Nigerian Communications (Consumer Code of Practice) Regu...

# Federal Republic of Nigeria Official Gazette ## No. 129 **Lagos - 30th July, 2024** **Vol. 111** **Government Notice No. 25** The following is published as supplement to this Gazette: | S. I. No. | Short Title | Page | |---|---|---| |24 | Nigerian Communications (Consumer Code of Practice) Regulations, 2024 | B555-588 | ## Printed and Published by The Federal Government Printer, Lagos, Nigeria **FGP 40/72024/600** Annual Subscription from 1st January, 2024 is Local: N50,000.00 Overseas: N65,000.00 [Surface Mail] ₩80,000.00 [Second Class Air Mail]. Present issue N4,000 per copy. Subscribers who wish to obtain Gazette after 1st January should apply to the Federal Government Printer, Lagos for amended Subscriptions. # Nigerian Communications Act (No. 19, 2003) ## Nigerian Communications (Consumer Code of Practice) Regulations, 2024 ### Arrangement of Regulations | Regulation | Part | |---|---| | 1. Objectives | **Part I - Objectives and Application** | | 2. Application | **Part I - Objectives and Application ** | | 3. General code | **Part II - Consumer Codes of Practice** | | 4. Individual consumer code of practice | **Part II - Consumer Codes of Practice** | | 5. Approval by the commission | **Part II - Consumer Codes of Practice** | | 6. Publication of approved individual consumer code of practice | **Part II - Consumer Codes of Practice** | | 7. Compliance provision | **Part III - Compliance and Enforcement** | | 8. Contravention and enforcement | **Part III - Compliance and Enforcement** | | 9. Power to give directives | **Part IV - Miscellaneous Provisions** | | 10. Power to amend the Schedule to these Regulations by the Commission | **Part IV - Miscellaneous Provisions** | | 11. Revocation and savings | **Part IV - Miscellaneous Provisions** | | 12. Interpretation | **Part IV - Miscellaneous Provisions** | | 13. Citation | **Part IV - Miscellaneous Provisions** | | **SCHEDULE** | | ## Part I - Objectives and Application 1. (1) The objectives of these Regulations are to (a) prescribe the procedures to be followed by a Licensee in preparing approved Consumer Code of Practice by a Licensee in accordance with section 106 of the Act and the Schedule to these Regulations; and (b) determine the contents and features of a Consumer Code of Practice to be prepared by a Licensee. 2. These Regulations shall apply to all Licensees of the Commission. ## Part II - Consumer Codes of Practice 3. (1) The General Consumer Code of Practice (the "General Code") developed by the Commission shall provide for the minimum standard to be followed by a Licensee for the provision of services and related consumer practices. (2) The General Code shall be as set out in the Schedule to these Regulations. 4. (1) A Licensee shall prepare and submit to the Commission an individual consumer code of practice of its services and related consumer practices for approval. (2) The individual consumer codes of practice submitted pursuant to subregulation (1) of this regulation shall include the terms and conditions of the General Code, or equivalent terms and conditions that are not less favourable to consumers than the General Code. 5. (1) The Commission shall within 30 days of submission of an individual consumer code of practice by a Licensee (a) approve such proposed individual consumer code of practice; (b) identify areas that require amendment in such proposed individual consumer code of practice, and direct the Licensee to resubmit it after correction to the Commission for approval; or (c) inform the Licensee of any extension of time required by the Commission to review the proposed consumer code. (2) Pending the approval of the individual consumer code of practice submitted to the Commission by a Licensee, the General Code in the Schedule to these Regulations shall apply. 6. (1) A Licensee shall, within 30 days of the approval of an individual consumer code of practice by the Commission, publish the Code on its website, in one national newspaper, and any social media platform the Licensee may choose. (2) The approved individual consumer code of practice shall regulate the provision of services and related consumer practices applicable to that Licensee from the date of publication. (3) Notwithstanding the provisions of subregulation (1) of this regulation, the Commission may approve the publication or distribution of individual consumer codes of practice as it deems appropriate. (4) A Licensee shall provide a copy of its approved individual consumer code of practice to a consumer on request. ## Part III - Compliance and Enforcement 7. A Licensee shall comply with these Regulations. 8. (1) A Licensee that contravenes any of the provisions of these Regulations and the General Code is liable to such fines, sanctions or penalties, including any enforcement penalties as may be determined under the Enforcement Regulations. (2) The Commission may issue a caution notice to a Licensee with no previous record of non-compliance with these Regulations, identifying remedial measures to be undertaken but imposing no other penalties or sanctions. ## Part IV - Miscellaneous Provisions 9. The Commission may issue directives on any aspect of these Regulations, which may be of general application or specific to a Licensee. 10. (1) The Commission may amend the Schedule to these Regulations where the need arises. (2) Where the Schedule to these Regulations is amended pursuant to subregulation (1) of this regulation, the Commission shall direct the Licensees to make necessary alterations to previously approved individual consumer codes of practice. (3) Any amendment to the Schedule to these Regulations shall have the same effect on the application of the provisions of these Regulations. 11. (1) The Consumer Code of Practice Regulations, No. 32, 2007 is revoked. (2) The revocation of the Regulations specified in sub-regulation (1) of this regulation shall not affect anything done or purported to be done under the revoked Regulations. 12. In these Regulations: "Act" means the Nigerian Communications Act, No. 19, 2003; "Commission" means the Nigerian Communications Commission established under the Act; "Consumer" or "Subscriber" means any person who subscribes to or uses a communications service; "Consumer or Subscriber Information" means the personal information of a Consumer or Subscriber, recorded and stored by Licensees; "Enforcement Regulations" means the Nigerian Communications (Enforcement Process, etc.) Regulations, No. 13, 2019; "Licence" means any Licence that has been granted by the Commission pursuant to the Act ; and "Licensee” means a person who either holds an individual licence or undertakes activities which are subject to a class licence or authorisation granted under the Act. 13. These Regulations may be cited as the Nigerian Communications (Consumer Code of Practice) Regulations, 2024. ## Schedule (Regulations 1(1)(a) and 3(2)) - General Consumer Code of Practice ### Arrangement of Paragraphs **Part I - Introduction** * Scope and objectives * Definitions * Application of code * Code administration * Amendment of the General Code **Part II - Provision of Information to Consumers** * Obligation to provide information to consumers * Service contracts * Description of service * Service subscription * Pricing information * Contract terms and conditions * Product warranties and maintenance * Provision of service * Fault repair and service interruption * Operator assistance, directories and directory assistance * Services for consumers with disabilities and special needs * Access to emergency services **Part III - Advertising and Representation of Services** * Advertisement * Availability of services * Advertising of packaged services * Minimum standards and request for approval * Advertorial medium * Comparative advertising * Internet connections * Special promotions * Disclaimers * Compliance processes * Unsolicited telemarketing * Voice calls **Part IV - Consumer Billing, Charging, Collection and Credit Practices** * General principles * Billing information * Itemisation of charges * Timing for issuance of a bill * Receipts and consumer payment advice * Billing period * Non-payment of bills **Part V - Consumer Obligations** * Acceptance of Licensee terms * Access for maintenance * Misuse of public communication service or tampering with equipment * Reselling service without authorisation * Customer abuse of mobile number portability **Part VI - Protection of Consumer Information** * Purpose * General principle * Access and implementation of a "protection of consumer information policy" * Rules for safe and secure data * Maintaining data quality **Part VII - Calling and Connected Line Identification Service** * Calling and connected line identification * Co-operation of Licensee * Tracing of malicious or nuisance calls * Emergency Calls **Part VIII - Complaints Handling** * Information to consumers * Persons with special needs * Complaint processes * Timeframe for handling complaints * Charges * Further recourse in relation to Service Level Agreement * Action on disputed charges * Internal data collection and analysis * Review of complaint handling and tracking processes * Changes to complaint handling process * Retention of records * Audit of complaints handling and tracking processes by the Commission **Part IX - Enforcement and Compliance** * Responsibilities of Licensees * Compliance monitoring and reporting by the Commission * Complaints on non-compliance * Consumer complaints * Industry complaints **Part X - Miscellaneous** * Expenses on dispute resolution * Confidentiality **Explanatory Note:** (This note does not form part of the above Regulations but is intended to explain its purport) These Regulations prescribes the procedures to be followed by a Licensee in preparing approved Consumer Code of Practice by a Licensee in accordance with section 106 of the Nigerian Communications Act, 2003 and the Schedule to these Regulations; determine the contents and features of a Consumer Code of Practice to be prepared by a Licensee and provides the General Consumer Code of Practice to govern the provision of services by licensed communications operators in Nigeria and related consumer practices. ## Part I - Introduction 1. **Scope and objectives** (1) This General Consumer Code of Practice ("Gentral Code") is published by the Nigerian Communications Commission pursuant to section 106 of the Nigerian Communications Act, No. 19, 2003 ("the Act”), which provides for the development of an Individual Consumer Code of Practice by a Licensee of the Commission. (2) This General Code is to be read in conjunction with the Act, these regulations and the Nigerian Communications (Enforcement Process, etc.) Regulations, No. 13, 2019. 2. **Definitions:** Any term used in this General Code shall have the same meaning as defined under the Act and these Regulations. 3. **Application of code:** (1) This General Code applies to Licensees, in relation to all communications services offered to the public, and it is provided to guide the development of individual codes by a Licensee using the substantive content of this General Code as a minimum set of requirements. (2) It is recognized that in developing individual versions of the code there may be some differences due to the service platforms and prototypes of services involved, such as wireless versus fixed line or telephony versus data services. (3) Pending approval by the Commission and publication by a Licensee of an individual code, this General Code shall apply. 4. **Code administration:** (1) The Industry Consumer Advisory Forum established by the Commission shall be made up of industry and consumer representatives, which shall assist to review and make recommendations to the Commission with respect to this General Code to ensure that it is up-to-date and adequately addresses consumer issues. (2) Complaints procedure and Code Compliance provisions are described in Parts VIII and IX of this General Code. (3) Compliance monitoring checks on the procedure and code administration will be undertaken by the Consumer Affairs Bureau, the Compliance Monitoring and Enforcement Department of the Commission, or such other departments or authorities within the Commission as are designated from time to time. 5. **Amendment of the General Code:** The Commission may at its discretion and in conjunction with the Industry Consumer Advisory Forum, recommend an amendment to this General Code and a Licensee's individual consumer code of practice. ## Part II - Provision of Information to Consumers 6. **Obligation to provide information to consumers:** (1) A Licensee shall provide to consumers complete, accurate and up-to-date information about its services in clear language. (2) A Licensee shall respond within 96 hours to consumer requests for information on their services and the information shall be provided free of charge, including the following information - (a) current service arrangements, rates, terms and conditions for all services offered to the public, at all retail offices of the Licensee and on its website; (b) services that are subject to price or tariff regulation by the Commission which shall be described in service tariff pages published in an accessible form, made available at designated company offices and on the Licensee's website ; and (c) for the Licensees that publish consumer directories, the terms of service shall be printed in the first section of such directories. 7. **Service contracts:** A Licensee shall make available on its website or on request, a copy of the contract or agreement for the provision of its services, and such contracts shall be written in clear language. 8. **Description of service:** (1) Before entering into a contract for any service, consumers shall be provided with a complete description of the service in clear language, avoiding unnecessary technical terms. (2) Where other services are required in order to effectively utilize the service, the consumer shall be informed of such requirements or service dependencies. (3) A Licensee shall also provide information on the service quality levels offered, the waiting time for initial connection, any service areas and coverage maps, where applicable. (4) A Licensee shall provide specific information regarding compensation, refund or other arrangements where contracted quality service levels are not met, along with the procedures and methods for resolving disputes in respect of the service contract. (5) Where services are bundled with one or more other services or products, a Licensee shall provide the consumer with the following information in relation to each service or product - (a) description of each component service or product, and where a Licensee sells the service or product component separately, the price that the Licensee would charge for the component on a stand-alone basis; and (b) for services that are bundled with services from third parties, Licensees shall be fully responsible for the effective performance of the entire package including service support, maintenance, complaints handling, dispute resolution and other administrative requirements. (6) Where services are subject to upgrade or migration options, consumers shall be provided with clear and complete information regarding the upgrade or migration terms, including any changes in service performance and any duly approved fees or charges resulting from the upgrade or migration. (7) All the information on the description of a Licensee's service shall be published on the Licensee's website and social media platforms. 9. **Service subscription:** A Licensee shall provide the consumer with clear instructions on the medium and procedure for subscribing to a service. 10. **Pricing information:** Before a contract for service is entered into, a Licensee shall inform the consumer of the following - (a) the applicable rates or charges ; (b) what the charges include; (c) each part or element of an applicable charge, and the method of its calculation; (d) the frequency of the charge or other circumstances that give rise to the charge; and (e) whether the charges or elements are subject to change from time to time, the circumstances of such changes and how the consumer will be informed of such changes. 11. **Contract terms and conditions:** The contract document shall contain information regarding the terms and conditions which include- (a) the commencement date of the contract; (b) the minimum contract period, the manner and consequences of termination, where applicable; (c) the procedure for early termination; (d) the amount or method of calculating any charges payable upon early termination; (e) renewal of the contract, where applicable; (f) disconnection and reconnection of services and any applicable fees; (g) procedure for the refund of any deposit including timing and any deductions or charges applicable; (h) the interruption, withdrawal or discontinuance of the service; (i) delivery, installation or activation of the service; and (i) whether the provisions or elements of the service are subject to change and how the customer will be notified of such changes. 12. **Product warranties and maintenance:** (1) Before entering into a contract to provide services, a Licensee shall inform the consumer whether there is any contractual warranty relating to products supplied for use in connection with the service, including how to obtain warranty service, if needed. (2) Where a warranty exists but is not provided with the products, the Licensee shall inform the consumer how and where to obtain it. (3) A Licensee shall provide specific information regarding any maintenance services offered, including a reasonable timeline for repairs, replacement and compensation. 13. **Provision of service:** (1) A Licensee shall provide services within any service supply time targets set out in the Commission's Quality of Service Regulations, subject to the following- (a) where a Licensee encounters technical problems that interfere with the provision of services, the time for the provision may be subject to any time or process of rectification permitted by the Commission; (b) a Licensee may not be responsible for any readiness of premises or availability of infrastructure or equipment that is beyond the reasonable control of a Licensee ; and (c) a Licensee may not be responsible for delays or refusals of service requests caused by the consumer being identified as not credit-worthy. 14. **Fault repair and service interruption:** (1) A Licensee shall provide facilities and processes necessary to enable consumers report faults at any time of the day. (2) A Licensee shall comply and cause its agents to comply with the relevant fault repair standards set out in the Quality of Service Regulations issued by the Commission. (3) A Licensee shall endeavour to give advance warning of anticipated service disruptions or planned outages, including details of the disruption or outage, the services and service areas affected and any applicable compensation or other remedies. (4) Where there is a disruption of service that is caused by a force majeure, a Licensee shall notify its consumers where possible and shall endeavour to rectify the fault within such period of time as may be reasonable in the circumstances. (5) Where there is a service disruption as determined by the Quality of Service Business Rules, a Licensee shall publish such outage notice to the public, outlining the extent of disruption and remedial measures it intends to take. 15. **Operator assistance, directories and directory assistance:** (1) A Licensee shall ensure that its consumers can access (a) operator assistance services; (b) a directory enquiry facility containing directory information on all consumers in Nigeria, subject to sub-paragraph (3) of this paragraph; and (c) self-service facilities. (2) Where a Licensee assigns telephone numbers to consumers, it shall ensure that each of those consumers are, on request, supplied free of charge with a directory containing information on all consumers who have been assigned telephone numbers in the consumer's local area; provided that consumers shall have the right to opt-out from having its information in the directory. (3) Any directory supplied shall not provide information of those consumers who have exercised their right to have their information suppressed or removed. (4) A directory may be produced by or for a Licensee, and the Licensee shall ensure that the directory is updated at least once in a year. (5) A Licensee may charge consumers a reasonable fee for providing directory enquiry services, subject to the approval of the Commission, and may charge a reasonable fee for any additional information from the directory requested by consumers. 16. **Services for consumers with disabilities and special needs:** (1) A Licensee shall comply with specific obligations that the Commission may impose on operators in respect of special services or service arrangements for consumers with disabilities, special needs and the elderly. (2) A Licensee shall offer additional services on request to consumers who are older or may have a disability, including - (a) large Button Telephones; (b) priority fault repair and assistance; (c) copies of bills in large print, on computer storage devices or Braille for customers who have difficulties reading their bills; and (d) larger print correspondence. (3) A Licensee shall on request make available to consumers with special needs copies of the Licensee's code of practice in larger prints and other reasonable formats as may be required. 17. **Access to emergency services:** (1) A Licensee shall comply with any network or other requirements that may be approved by the Commission in respect of the provision of emergency services, including such measures as location identification information, special numbers and routing to emergency services locations. (2) Calls to emergency services shall be free of charge. ## Part III - Advertising and Representation of Services 18. **Advertisement:** A Licensee shall comply with the advertising standards established by the Advertising Practitioners Council of Nigeria, and any other applicable laws or standards, in addition to the rules regarding the advertising or other promotion of communications services set out in this General Code. 19. **Availability of services:** (1) A Licensee shall publish in advertising materials that promote the availability of a service, any geographical or technical limitations on the availability of the service to consumers which (a) affect the recommended quality of service; and (b) are known to the Licensee. (2) A Licensee shall publish in any advertising materials which promote a service offer, any limitations in the offer which restrict it (a) to a particular group of people; (b) to a particular zone, region or other geographical area within Nigeria ; (c) to a particular period of time; or (d) through the limited availability of equipment, facilities or other materials. 20. **Advertising of packaged services:** (1) Where advertising materials indicate that a service is provided as part of a package, a Licensee shall ensure to supply all components of the service package, and where the Licensee is unable to supply any component of the package, appropriate information about this limitation shall be included in the advertising materials. (2) Where advertising materials indicate the price of a component of a service package, a Licensee shall include in the advertising materials a statement of the minimum total charge for the package, and indicate any conditions that may apply to obtain the component at the stated price.. (3) A Licensee shall communicate (a) conditions, limitations, qualifications or restrictions on an offer in a manner that is reasonable, having regard to the medium used and the intended consumer; (b) call connection fees not included in any stated call rate, in a manner that is reasonable having regard to the medium used and the intended consumer; (c) limitations, where a communications product is offered for a limited period or in a limited quantity; and (d) the eligibility requirements, where a communications product is available only to a limited class of consumers. (4) Advertising material shall provide sufficient details of any special offer, including (i) its principal elements, (ii) any conditions or limitations, and (iii) any future start date and any known end date. (5) All prints for advertising material shall be clear, legible and bold. 21. **Minimum standards and request for approval:** A Licensee shall obtain the written approval of the Commission for advertisements for goods and services 30 days prior to the date of the planned publication of the advertisement, in order to ensure that such advertisements meet the minimum standards and requirements that may from time to time be set out by the Commission, including those published in the Guidelines on Advertisements and Promotions. 22. **Advertorial medium:** (1) Where a consumer permits the sending of promotional materials, a Licensee shall only send advertisements and notice of promotions through print media, radio, mail, blogs, its website, text messages, electronic mail, visual media, and ensure the accuracy and clarity of the goods and services being offered. (2) An advertisement or notice of a promotion shall not provide any obscenities or profanities unsuitable for young persons and children or provide any racial or prejudicial content relating to national origin, religion, sex, gender or age. (3) A Licensee shall provide sufficient detail in its advertisement as is appropriate to the manner in which the advertisement is displayed to consumers and also (a) ensure the principal message and main terms are captured in the body of the advertisement; (b) ensure that the use of any disclaimer does not negate the principal message and main terms of the advertisement; (c) take into account the number of times that consumers are able to view the particular advertisement and decide on the information to be included in the advertisement ; and (d) provide the price details in (i) print media, (ii) a clearly legible manner, (iii) a minimum type size of 10 fonts, (iv) Times New Roman font not narrowed, (v) direct connection with the call number, and (vi) a poster or anything of a similar nature, the minimum font size shall correspondingly be larger. 23. **Comparative advertising:** (1) A Licensee shall ensure that advertising communication on its platform does not discredit, disparage or attack other competing products, services, advertisements or companies, or exaggerate the nature or importance of competitive differences of other platforms. (2) A Licensee shall not imitate the slogans or illustrations of another advertiser in such a manner as to mislead the consumer as to the origin or object of the slogan or illustration. 24. **Internet connections:** A Licensee offering internet services shall state the internet connection speed available to consumers as well as specific upload and download speed, and where the connection speed quoted is obtainable under special circumstances, such circumstances shall be made known to the consumer. 25. **Special promotions:** A Licensee shall communicate important limitations that apply to any special promotion to the consumer by taking the following actions (a) disclose the key terms of the special promotion and key limitations attached to it, including whether product stocks are limited; (b) state the period of time for which the special promotion shall remain available to the consumer; and (c) state any special eligibility requirements attached to the advertisement including whether it is restricted to a specífic class of consumers. 26. **Disclaimers:** A Licensee shall ensure that any disclaimer placed in an advertisement is understandable and that the (a) disclaimer does not negate the principal message or object of the advertisement ; (b) contents of the disclaimer are clear and written in plain language having regards to the medium or format used ; and (c) intended consumer or recipient of the advertisement is clearly specified. 27. **Compliance processes:** (1) A Licensee shall develop, maintain and at all times comply with adequate review processes to ensure that its advertisement complies with any applicable law and the provisions of this General Code. (2) For the purpose of ensuring compliance with sub-paragraph (1) of this paragraph, a Licensee shall (a) maintain an approval process in which an advertisement is reviewed by a person trained in advertising matters to prevent any false or misleading communication; (b) provide training to marketing staff who prepare advertisements to ensure compliance with the provisions of any advertising legislation and this General Code; (c) monitor complaints about its advertisements and correct any non-compliance with the provisions of this General Code or any advertising legislation and retairrevidence of compliance for a minimum of two years; and (d) substantiate any claim or representation in an advertisement when requested to do so by the Commission. 28. **Unsolicited telemarketing:** (1) A Licensee shall not engage in unsolicited telemarketing unless it discloses (a) at the beginning of the communication, the identity of the Licensee or other person on whose behalf it is made and the precise purpose of the communication; (b) during the communication, the full price of any product or service that is the subject of the communication; and (c) that the person receiving the communication has an absolute right to cancel the agreement for purchase, lease or other supply of any product or service within seven days of the communication, by calling a specific toll-free telephone number (which the Licensee shall specifically state to the recipient during the communication), provided that the product or service has been supplied to and used by the person receiving the communication at that time. (2) A Licensee shall conduct telemarketing in accordance with "call" or "do-not-call" preferences recorded by the consumer at the time of entering into a contract for services or after, and in accordance with other rules or guidelines issued by the Commission or any other competent authority. (3) Without prejudice to subparagraph (1) of this paragraph, a Licensee shall ensure that (a) no unsolicited short message service or voice calls transits through its network unless it complies with the requirements outlined in these Regulations; (b) a consumer shall at all times, be able to opt-in or opt-out of receiving any unsolicited short message service or voice calls utilising any code provided by the Commission for purposes of subscribing to a preference, change of preference or cancellation of a preference; and (c) unsolicited short message services or voice calls are streamlined to ensure that a consumer can choose the option of stopping every unsolicited short message services or voice calls, or selecting the category of unsolicited short message service or voice calls that can be communicated to the consumer. 29. **Voice calls:** (1) When making an unsolicited sale, a Licensee shall ensure that its sales representative provides the call recipient with sufficient information as to the name and other unique identifier of the Licensee in addition to (a) the primary purpose of the unsolicited sale ; (b) an adequate description of the product or service ; and (c) any conditions or restrictions that qualify the unsolicited sale. (2) When attempting to set up a voice call to a consumer, the number of rings shall be limited to a maximum of three and a maximun of two attempts per day. ## Part IV - Consumer Billing, Charging, Collection and Credit Practices 30. **General Principles:** (1) A Licensee shall at all times ensure that (a) a bill is accurate and timely; (b) accuracy of a bill is verifiable; (c) appropriate information is provided on the bill or readily made available to the consumer for verification without any charge; (d) upon a genuine request from a consumer, the consumer is provided with timely, accurate, current information about its billing terms and conditions or any options that are relevant to that consumer ; and (e) it retains records of a consumer's bill and related charges for a minimum period of two years. (2) In this paragraph, references to "billing" or "bill" includes a Licensee's systems for recording and processing prepaid transactions, including the debiting of call charges against prepaid card balances. 31. **Billing information:** A Licensee shall ensure that at a minimum, the following information is provided in a bill issued by it or on its behalf- (a) the consumer's billing name and address ; (b) the Licensee's current business name, address and registered number; (c) a way of identifying the bill specifically; (d) the billing period; (e) a description of the charges (and credits) for which the consumer is billed; (f) the total amount billed, applicable credits, payments, discounts, and the net amount payable by the consumer or repayable by the Licensee ; (g) the date on which the bill is issued ; (h) the bill or refund payment due date ; (i) methods of bill or refund payment; (j) methods of contact for complaints and billing inquiries; and (k) any call charges applicable for complaints and billing inquiry. 32. **Itemisation of charges:** (1) A Licensee shall ensure that consumers have access to itemised details of all charges, either on the bill or on a separate statement provided by a Licensee upon request. (2) Unless as otherwise requested by or agreed with the consumer, a Licensee shall provide itemised details during the current billing period and in addition, ensure that itemised details contained in previous bills are available for two years, or any period which may be required by applicable laws. (3) A Licensee shall not charge consumers for bills or billing related information. (4) Where the consumer requests information not required to be provided under this General Code such as requests for billing details more than two years, the Licensee shall inform consumers of the applicable charge resulting from a billing request, and obtain the consent of the consumer to any charge before it is imposed. 33. **Timing for issuance of a bill:** (1) A Licensee shall process and issue a bill within 10 days of each billing period and include in the bill all charges incurred during the billing period except where (a) there is an existence of a separate agreement with the consumer to the contrary; (b) there is a delay as a result of the inclusion by a Licensee of information from other suppliers or service providers in the bill; (c) there is a delay as a result of change initiated by the consumer, such as where the consumer has requested a different billing frequency or billing period; (d) there is a delay as a result of the suspension of charges that are in dispute; (e) there is an occurrence of a billing system or processing problem, in which case the problem needs to be rectified and bills issued without undue delay and in accordance with any time periods identified by the Commission ; or (f) a bill is delayed by circumstances beyond the reasonable control of the Licensee, such as an event of force majeure. (2) Where issuance of a bill by a Licensee is delayed on account of any unforeseen event or circumstance out of its control or influence, a Licensee shall take immediate steps to ensure that such situation is rectified in a timely manner. 34. **Receipts and consumer payment advice:** A Licensee shall ensure that consumers are able to verify their bill payment by acknowledgment of payment on the next bill issued, telephone confirmation by calling a specified number, or such other appropriate and accessible methods as may be made available by the Licensee. 35. **Billing period:** A Licensee shall provide consumers with advance written notification of any proposed changes in billing periods, such advance notification to be at most equal to two of its applicable billing periods of a minimum of 60 days in advance where the billing period being charged is monthly. 36. **Non-payment of bills:** Where a consumer has not paid all or part of a bill for services provided by the Licensee, any measures taken by a Licensee to effect payment or disconnection shall- (a) be proportionate and not unduly discriminatory; (b) be accompanied by appropriate warning to the consumer in advance of any resulting service interruption or disconnection; and (c) confine any service interruption or disconnection to the services concerned, as far as technically feasible. ## Part V - Consumer Obligations 37. **Acceptance of Licensee terms:** (1) A consumer shall be bound by a Licensee's terms of service on return of a signed service agreement or having accepted the service terms by any other means of communications. (2) Pursuant to subparagraph (1) of this paragraph, the consumer shall be deemed to have accepted a Licensee's service terms upon commencement of the use of the service after communication by a Licensee of its service terms. 38. **Access for maintenance:** A consumer shall grant a Licensee or its authorized representatives, without charge, access to premises, equipment or facilities as reasonably required for provision, maintenance of the services, equipment or facilities. 39. **Misuse of public communication service or tampering with equipment:** (1) A consumer shall (a) not use any equipment or related facility provided by a Licensee for reasons other than those related to normal service, and shall not do anything that interferes with the functioning of such equipment or facility, without prior written authorization from a Licensee ; and (b) be responsible for any loss of or damage to equipment or facilities that result from actions contrary to service terms or this General Code. (2) A consumer shall not misuse public communications services in any way, including- (a) dishonestly obtaining communications services; (b) possessing or supplying equipment that may be used to obtain such services dishonestly or fraudulently; or (c) using services to send messages that are obscene, threatening or otherwise contrary to applicable laws or regulations. (3) Equipment owned by a Licensee and connected to a communications network may not be moved to a location or address other than the location or address where the service was installed, without prior written authorization of a Licensee, but this shall not apply to any equipment that is accompanied by operating instructions indicating that it may be disconnected and reconnected as part of its normal use. (4) Modification or attachment of any unauthorized device to the Licensee's equipment or facilities is prohibited without prior written authorisation of the Licensee. (5) An equipment or device that interferes in any way with the operation of a communications service, including any equipment or device that intercepts or assists in intercepting or receiving any service offered by a Licensee that requires special authorization, shall not be installed by or on behalf of any consumer. 40. **Reselling service without authorisation:** A consumer shall not re-sell any service provided by a Licensee except as permitted by the service agreement of the Licensee and subject to any applicable licensing or authorization by the Commission pursuant to the Act. 41. **Customer abuse of mobile number portability:**