Article 44. Provision of communication services

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In December 2014, the rules for the provision of services by telephone operators in the Russian Federation were officially approved. Since then, changes have been made several times that determined the current version of this act of legislation.

The basic rules and concepts are already approved in the first section of the Rules of Provision. They refer to the following network services:

local and intrazonal;
intercity;
international.

These standards also determine the procedure for operators involved in mobile radio communications. The official document states that relationships with the subscriber are carried out in the state language. The operator is also obliged to take care of the secrecy of telephone conversations of each subscriber. The ability to use networks must be present 24 hours a day.

The legislative framework

Until recently, the activities of companies providing telephone services were regulated by the following legislative acts:

Civil Code of the Russian Federation, Art. 779.
Federal Law No. 126-FZ “On Communications”.
Law of the Russian Federation “On the Protection of Consumer Rights”.

Today, all telephone services, namely: intracity, intercity and international communication services are regulated by the document - Rules for the provision of telephone services, approved by Government Decree No. 1342 “On the procedure for the provision of telephone services”.

Termination or modification of the contract

Any changes to the agreement or its termination are possible only as a result of an additional agreement in a certain order to confirm the subscriber’s readiness for the transaction.
It is possible to change the subscriber number if using the current number is impossible. The supplier is obliged to notify the subscriber within 60 days and provide him with a new number.

If it is necessary to change the number for a large number of subscribers, suppliers should use SMS messenger or the official website to inform customers.

If the client has expressed a desire to enter into an agreement with another operator, then it is possible to save the old subscriber number. This procedure will not require additional expenses. If a company requires a fee for the number preservation service, the amount should not exceed 100 rubles.

Information for the subscriber

Before starting to use telephone services, the consumer (service customer) must enter into an agreement with the telecom operator (provider).

Before signing the agreement, the consumer must be provided with the following information:

address of the organization - telecom operator, addresses of branches;
operating hours of the organization providing telephone services;
procedure for providing services, list of services;
current tariffs for services;
procedure, form and system of payment for services;
contact numbers of help services;
procedure for considering complaints, claims and applications from subscribers.

Determining the cost of telephone services

When concluding a contract, the client chooses a tariff according to which he will pay for the service received.
The agreement does not prohibit changing the tariff plan on your own initiative. Tariff types:

Subscription: a fixed payment is provided for a certain period of time. The client pays for a specific package of services, regardless of whether he has fully used them or not.
Time-based: the subscriber does not have a fixed payment, since he is obliged to pay only for the services actually received.
Mixed: the client pays for the tariff package in full, but can use additional services for an additional fee.

When developing tariff plans, the supplier can use different units of measurement: charge daily or by day of the week. Often special conditions for subscribers apply on holidays. For legal entities, individuals and individual entrepreneurs, service providers prefer to develop tariffs that differ from each other. This step allows the company not only to reach a wide audience, but also to derive mutual benefits.

If a subscriber changes the tariff plan no more than once a month when receiving services, then he does not incur additional costs. It should be taken into account that the connection duration is the interval from the connection with the subscriber to the termination of the conversation.

Important! The document defining the volume of services received is an invoice. Its form is determined in the agreement concluded between the supplier and the subscriber.

In what cases can a contract for the provision of telephone services be terminated?

The operator may suspend the provision of services to those subscribers who have violated the terms of the contract. In this case, the subscriber has the right to call emergency services from his phone. But if the technological features of communication means do not allow maintaining the possibility of suspending telephone communications, then the operator has the right to suspend calls to emergency services.
If a subscriber, for example, is planning a trip abroad, so for a certain time he no longer needs to use internal telephone services, then he can apply to suspend the contract.
The subscriber can terminate the contract with the operator unilaterally if he pays for the services provided to him.

Consumer rights and obligations

Client Responsibilities:

make payments on time in accordance with the agreement;
do not connect unlicensed equipment to the subscriber line;
within 60 days, inform the service provider about the cessation of use of the telephone premises, change of personal data, place of residence;
maintain the subscriber line and equipment in proper condition;
adhere to the rules for operating technical equipment;
inform the supplier about the loss of the SIM card.

Read also: Early retirement under the new law

User rights:

receive complete and correct information about the company that supplies telephone services;
do not pay for services provided without obtaining the prior consent of the client;
demand a recalculation or refund if the service was not received or was partially provided;
request call details;
carry out a refund of funds transferred to the supplier as an advance.

Important! The client has the right to withdraw from the contract unilaterally. He will be responsible for paying for services already received.

Responsibility of the subscriber to the telephone operator

Not only the operator is responsible to the contractor, but the subscriber also has obligations.

Thus, he is responsible according to the legislation of the Russian Federation for the following actions:

if he fails to pay the fee for using telephone services on time;
if he does not comply with the rules for using the equipment;
if he intentionally uses equipment that does not meet the requirements established by the operator.

When must the operator resume telephone service if the subscriber is in arrears?

According to paragraph “c” of Art. 24 of RF Decree No. 1342, if the subscriber has not topped up the account and has incurred a debt, then the operator has the right to suspend its services.

If the consumer repays the debt in full, reaching a positive balance, then the operator is obliged to resume the provision of services within 3 days from the date of receipt of payment from the subscriber.

Will the operator return the money if the subscriber wants to terminate the contract with him?

There are situations when people are not satisfied with the tariffs of operators, the quality of communication or coverage, and they want to change the operator, but they are worried that the money deposited into the account will not be returned to them. In fact, this is not true.

According to paragraph “d” of Art. 24 of RF Decree No. 1342, the operator is obliged to return the unused balance of funds to the client.

In this case, a specific period for the return of money is established - 30 days from the date of termination of the contract.

Is the operator obliged to notify the subscriber about changes in its tariffs?

Yes, he is obliged, and the subscriber must receive the notification no later than 10 days before the operator’s tariffs change.

A company providing telephone services can inform subscribers about tariff changes in one of the following ways:

information can be posted on the operator’s website;
via SMS;
via email.

The subscriber can independently decide in what way he wants to receive notifications or not receive them at all.

Do I need to notify the operator about the loss of a SIM card?

Yes, if the subscriber has entered into an agreement with the operator, then he is obliged to notify him about the loss of the identification module, that is, the SIM card.

This is stipulated in paragraph “e” of Art. 25 Decree of the Russian Federation No. 1342.

The mobile operator has issued an invoice for the use of the Internet, but these services are not included in the contract. Should a subscriber pay for services that were provided to him without his consent?

No, you shouldn't . In paragraph “b” of Art. 26 of the Decree of the Russian Federation No. 1342 clearly states that the subscriber has the right to refuse to pay for those services that were not specified in the contract.

Is the operator obliged to provide information about call details to the subscriber?

If a subscriber wants to know who, when and what time he was called, from what numbers and for what duration, then he must contact his operator.

In this case, the operator is obliged to provide such information not with generalized, but with detailed information (according to paragraph “d” of Article 26 of the above-mentioned Resolution).

Can an operator require a subscriber to pay a penalty if he or she fails to pay for telephone services on time?

Yes maybe . According to Art. 55 of Chapter VI of the Resolution of the Russian Federation No. 1342, the subscriber is obliged to pay a penalty to the operator if he fails to timely pay for the services provided to him.

In this case, the amount of the penalty is indicated in the contract and this amount should not exceed the amount of debt that is subject to payment.

Already in 2014, uniform rules for the provision of telephone services began to apply in Russia, which were subject to editing in 2020.

Thanks to the new rules, it was possible to improve the relationship between operators and telephone subscribers.

The new rules take into account everything: the rights and obligations of operators and users, the responsibility of the parties to the contract, etc.

Rights and obligations of the supplier

The Supplier has the following rights and obligations:

provision of communication services on the basis of current documentation: contracts, licenses and legislative acts;
elimination of problems that prevent the consumer from receiving the service (the supplier is obliged to inform his client about the problems);
notify the client about the tariff change by any of the methods specified in the contract;
send the client information of interest regarding the provision of services upon prior request;
restore the provision of services within 3 days after receiving payment or providing receipts if the subscriber was disconnected due to violation of payment deadlines;
return to the client the balance of the unused advance payment within 30 days if the consumer wishes to terminate the contract;
request from the client documents confirming the identity and information specified by the subscriber.

Important! The company is obliged to provide its customers with unimpeded access to communication facilities (equip places for providing services, create a website, register a hotline telephone number, etc.)

[Communications Act] [Chapter 7]
. On the territory of the Russian Federation, communication services are provided by communication operators to users of communication services on the basis of an agreement for the provision of communication services, concluded in accordance with civil legislation and the rules for the provision of communication services.

To conclude contracts for the provision of mobile radiotelephone communication services, a telecom operator or a person authorized by it must use:

premises, parts of premises owned, under economic control, operational management or leased;
equipped retail spaces in stationary retail facilities and in areas intended for trading activities and located in other stationary facilities, or retail facilities with sales floors designed for one or more workplaces.

The conclusion of agreements for the provision of mobile radiotelephone communication services in non-stationary retail establishments is prohibited, with the exception of cases where a telecom operator or his authorized person concludes agreements for the provision of mobile radiotelephone communication services in vehicles that are specially equipped to serve subscribers and the requirements for which are established by the federal executive body in the field of communications, or contracts for the provision of mobile radiotelephone services via the Internet information and telecommunications network using an enhanced qualified electronic signature or a simple electronic signature, provided that when issuing a simple electronic signature key, the identity of an individual is established during personal reception.

Mobile radiotelephone communication services are provided to a subscriber - an individual or a subscriber - a legal entity or individual entrepreneur and user of the communication services of such a subscriber, reliable information about which is provided to the communication operator in accordance with the rules for the provision of communication services, unless otherwise provided by this Federal Law. A subscriber - a legal entity or individual entrepreneur - is obliged to provide the telecom operator with information about users of communication services in accordance with the rules for the provision of communication services. The requirements of this paragraph do not apply to contracts for the provision of mobile radiotelephone communication services concluded in accordance with the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs and the legislation of the Russian Federation on the procurement of goods, works, services by individual types of legal entities.

The rules for the provision of communication services may establish cases in which it is not necessary to provide the telecom operator with information about users of communication services of a subscriber - a legal entity or individual entrepreneur.

. The rules for the provision of communication services are approved by the Government of the Russian Federation.

The rules for the provision of communication services regulate the relationship between users of communication services and communication operators when concluding and executing an agreement for the provision of communication services, the procedure for identifying users of communication services for data transfer and providing access to the information and telecommunications network "Internet" and the terminal equipment they use, as well as the procedure and grounds for suspension of the provision of communication services under a contract and termination of such an agreement, features of the provision of communication services, rights and obligations of communication operators and users of communication services, form and procedure for payment for communication services provided, procedure for filing and consideration of complaints, claims of users of communication services, liability of the parties .

. If a user of communication services violates the requirements established by this Federal Law, the rules for the provision of communication services or an agreement for the provision of communication services, including violation of the terms of payment for communication services provided to him, determined by the terms of the agreement for the provision of communication services, the telecom operator has the right to suspend the provision of services communications until the violation is eliminated, except for cases established by this Federal Law.

If such a violation is not eliminated within six months from the date the user of communication services receives a written notice from the communication operator of the intention to suspend the provision of communication services, the communication operator unilaterally has the right to terminate the contract for the provision of communication services, except for the cases established by this Federal Law.

. A subscriber to whom a subscriber number is allocated on the basis of an agreement for the provision of communication services has the right to retain this subscriber number within the territory determined by the Government of the Russian Federation, subject to termination of the current agreement for the provision of communication services, repayment of debt for payment for communication services and the conclusion of a new agreement for provision of communication services with another mobile radiotelephone operator.

The subscriber's fee for using a saved subscriber number, established by the mobile radiotelephone operator when concluding a new contract for the provision of communication services, cannot exceed one hundred rubles.

. If the telecom operator attracts other persons to provide content services, with the exception of communication services provided through a single portal of state and municipal services, the telecom operator, based on the subscriber’s request, is obliged to create a separate personal account intended only for payment for these communication services within the limits of funds available on the specified personal account. In the absence of the specified request, payment for these communication services is carried out in the manner established by paragraph three of this paragraph.

The provision of other services that are technologically inextricably linked with mobile radiotelephone communication services and aimed at increasing their consumer value is carried out with the consent of the subscriber, expressed through his performance of actions that uniquely identify the subscriber and allow him to reliably establish his will to receive these services.

Before obtaining the subscriber's consent to provide other communication services that are technologically inextricably linked with mobile radiotelephone communication services and aimed at increasing their consumer value, including content services, the telecom operator must provide the subscriber with information on tariffs for services and a summary of these services, as well as about the person providing a specific service and the personal account from which funds are written off to pay for such services.

Payments for services provided to the subscriber are made by the telecom operator.

. A person acting on behalf of a telecom operator, when concluding an agreement for the provision of mobile radiotelephone communication services, is obliged to enter into it reliable information about the subscriber, the list of which is established by the rules for the provision of communication services, and send one copy of the signed agreement to the telecom operator within ten days after its conclusion, unless a shorter period is provided for in the specified agreement.

The telecom operator is obliged to verify the accuracy of information about the subscriber and information about users of communication services of the subscriber - a legal entity or individual entrepreneur, including those represented by a person acting on behalf of the telecom operator, in accordance with this Federal Law and the rules for the provision of communication services.

Verification of the accuracy of information about a subscriber - an individual, information about users of communication services of a subscriber - a legal entity or individual entrepreneur is carried out by establishing the surname, first name, patronymic (if any), date of birth, as well as other data from the identity document of the subscriber or users of communication services , confirmed in one of the following ways:

providing an identification document;
use of the federal state information system “Unified system of identification and authentication in the infrastructure that ensures information and technological interaction of information systems used to provide state and municipal services in electronic form”;
use of an enhanced qualified electronic signature;
use of a single portal of state and municipal services;
use of information systems of government bodies if a telecom operator is connected to these systems through a unified system of interdepartmental electronic interaction.

In case of failure to confirm the reliability of information about the subscriber, information about users of communication services of a subscriber - a legal entity or individual entrepreneur, represented by a person acting on behalf of the communication operator, the communication operator suspends the provision of communication services in the manner established by the rules for the provision of communication services.

In the event of liquidation of a subscriber - a legal entity or termination by an individual of activities as an individual entrepreneur, subscriber numbers allocated to such subscribers under agreements for the provision of communication services can be re-registered to the actual user of communication services by concluding an agreement for the provision of communication services with this user in the manner established by the rules for the provision of communication services.

The telecom operator provides the subscriber, using the Internet information and telecommunications network, with information about the agreements concluded with the subscriber for the provision of mobile radiotelephone services in the manner established by the Government of the Russian Federation.

. The conclusion of contracts for the provision of mobile radiotelephone communication services by legal entities and individuals who are not telecom operators and the implementation of payments for these services with subscribers is allowed if there is a written document confirming the authority of these legal entities and individuals to act on behalf of the telecom operator.