{"id":5846,"date":"2021-08-15T13:30:33","date_gmt":"2021-08-15T13:30:33","guid":{"rendered":"https:\/\/quprawholesale.com\/?p=5846"},"modified":"2023-04-24T08:47:48","modified_gmt":"2023-04-24T08:47:48","slug":"law-and-regulation","status":"publish","type":"post","link":"https:\/\/quprawholesale.com\/en\/blogs\/coin-transfer\/law-and-regulation\/","title":{"rendered":"Do the reseller\/partners of telecom resellers comply with the law and regulations?"},"content":{"rendered":"\t\t
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No, far from all. Out of the limited overview of 25 requests to provide an expression of will, 9 were submitted. A check of the 9 statements of will submitted shows that the acquiring party (reseller\/partner) is actually ACM registered in only 2 cases. And that in 4 cases this cannot be established because the expression of will and\/or SP code does not state which service provider the customer has gone to. Of the 25 requested expressions of will, it can therefore be verified in less than 25% of the cases with which party Qupra CS is used. verify whether this party is also a \u201cprovider of public telecom services\u201d.<\/p>

This overview of registered telecom providers can easily be consulted on acm.nl, but Qupra CS. I don’t think it’s her job to check whether the self-proclaimed resellers of Routit\/KPN have registered there. This legal obligation follows from the Telecommunications Act, article 2.1 TW.<\/p>

However, if the Telecom reseller does not indicate which “third party” it does business with, Qupra can verify the request for the expression of will directly there. The fact that the statements of will supplied by resellers\/third parties of Routit\/KPN “rattle” justifies the necessity for the Telecom reseller to check the expressions of will prior to the request for porting.<\/p>

Or that Routit\/KPN selects another service provider (SP code) and merely presents itself as a network operator in the COIN process. In this way Qupra CS. Request the expression of will directly (if necessary) from the resellers\/third parties of Routit\/KPN. Routit\/KPN facilitates its resellers to be able to evade supervision, because in this way ACM also has no insight into the porting behavior of Routit\/KPN resellers.<\/span><\/p>

\u00a0For example, the ACM website reports: \u201cCompanies that are registered with ACM as a ‘provider of public electronic communication activities’ must comply with the rules of the Telecommunications Act. This folder contains the most important rules.\u201d<\/p>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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Registration obligation ACM<\/h2>\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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This is part of a \u201clevel playing field\u201d for Qupra CS. the same rules and laws apply as for resellers\/partners of Routit\/KPN. Among other things, this means that resellers\/partners of Routit\/KPN register with ACM as a telecom provider.<\/p>

Article 2.1.1. of the laws of telecom says about this:<\/span><\/p>

Any person who offers a public electronic communications network or a publicly available electronic communications service or who constructs or offers associated facilities, with the exception of those who offer an electronic program guide, shall notify the Authority for Consumers and Markets of this.<\/span><\/p>

The ACM site says in no uncertain terms: \u201cAll telecom providers in the Netherlands must register with ACM. We impose obligations on dominant providers in market analysis decisions, we oversee net neutrality rules and we mediate in disputes.\u201d<\/span><\/p>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Various telecom resellers are made aware of the registration obligation of its resellers<\/h2>\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Qupra CS. reports, for example, on 13-10-2017 that the relevant reseller is porting on behalf of an unregistered party \u201cLaag Acht BV\u201d. The answer from the Telecom reseller is \u201c.. We submit the porting requests we comply with the rules..\u201d Ultimately, MTTM has to submit an enforcement request to ACM to force this \u201creseller\u201d of the relevant telecom reseller to register. After ACM’s intervention, Routit also concludes and acknowledges on 17-10-2017 \u201cWe have asked the partner to register\u201d In the decision published online by ACM (Rejection of enforcement request from MTTM\/ZakelijkeNummers.nl about the registration of LaagAcht BV | ACM.nl) regarding the registration of Layer Eight, ACM also comes to the conclusion that Layer Eight should register.<\/span><\/p>

In its request, MTTM states that LaagAcht is a telecom provider and that it violates Article 2.1 of the VA by not being registered with the ACM. As a desired decision, Plaintiff states in the request that ACM should maintain Article 2.1 of the TW and that every provider of a telecommunications network or service must register.<\/span><\/p>

ACM subsequently contacted Laagacht. As a result, on 6 November 2017, ACM received the form from LaagAcht in which it announces the provision of public electronic communication activities. Based on the information provided, ACM LaagAcht B.V. Kerkstraat 173, 5261 CW VUGHT registered as a provider of public electronic communications services and as a provider of public electronic communications networks. ACM has processed the registration in its public register as referred to in Article 2.3(1) of the TW.<\/span><\/p>

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Why is it important that all telecom and ICT resellers register?<\/h3>\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Obligations for providers of public telecom services also apply in this way to non-registered parties, and\/or make their supervision by COIN and\/or ACM and the Telecom Agency simpler and transparent; supposedly a \u201cLevel Playing Field\u201d<\/p>

Level playing field \u201cthe same rules apply to everyone, costs go down\u201d<\/span><\/p>