In the process of monitoring the possible change of tariff policy by mobile operators in Georgia, we received the information, that "Magticom" company's desire, to unilaterally change the tariff plan, wasn't fulfilled. Customers will still be able to use the package "Martivi 25", for minimum the next three months, Georgian National Communications Commission will decide the issue of maintaining the tariff plan, based on their own research. Organization "Young Barrister's" lawyer, Nika Menognishvili makes a legal explanation about the above mentioned issue.
According to Nika Menognishvili, the organization has had communication with the Georgian National Communications Commision in the context of providing public information and stated out, that if the mobile operators unilaterally change the tariff plan again, the organization would start the strategic litigation in the court. The commission's letters, dating March 13 and April 8, provided full information on the matter and the organization conducted legal analysis on them. Therefore, as of today, it can be clearly stated, that the "Magticom" Ltd has postponed its announcement about the cancellation of the "Martivi 25" package from April 6 to July 25, 2020. Moreover, in order to study the issue of changing the tariff plan and its preconditions, the Georgian National Communications Commision, based on the March 31, 2020 decision, launched a public administrative proceedings "On beginning the research and analysis of competition in the relevant segments of the mobile retail market (mobile voice services, mobile Internet services and short text messages)". We will pay special attention to this process, as well.
On 3 March 2020, the organization “Young Barristers” published a statement on the expected change of tariff policy by the mobile operators in Georgia and pointed out, that the organization was ready to start the strategic litigation in the court and the court, itself, would respond the chaotic situation in the field of telecommunications services, which is linked to the legality and appropriateness of the fact of changing the service tariffs without considering the customers’ will.
“Magticom” Company’s decision to change the traffic plan after 6 April 2020, in particular, instead of “Martivi 25”, to offer the public “Martivi 30”, constitutes a univocal violation of the standard terms of the contract services. The above mentioned standard terms of service are set out in accordance with the Georgian Civil Code, Consumer Rights Protection Law of Georgia and On Electronic Communications Law of Georgia and they regulate the legal relationships between the Operator and Telephone subscriber within the scope of services and additional services. Particularly, this is a life-long contract between the parties. It’s true that based on the contract; the company is entitled and unlawfully advantaged to unilaterally change the tariff politics, but in this case, the Company has the obligation to not only provide the individual notice to the Customer about the change in the tariff plan, but also to justify the reasons for the decision.
Based on the “Young Barristers” explanation, the “Magticom” Company, without any private and public explanation, even, without naming the concrete reasons, made the decision to change the tariff plan. In that process, the Georgian National Communications Commission's involvement, carrying out research, public administrative proceedings and making an objective decision is essential. The organization will continue to work on that direction and remains in the field of consumer rights protection.
