Reasons for Order re Payment of Bills
Home metering addresses the same problem addressed by itemized billing: the lack of information provided to a subscriber on his/her telephone use by SLTL. Having ordered the operators to implement itemized billing which is the solution set out in the licence conditions, the committee sees no value in ordering this unproven, costly and ineffective solution to be implemented. The installation of home meters for all subscribers will be
' very costly. The likelihood of tampering cannot be ruled out. As a result, the operators cannot be compelled to accept the readings from home meters over their own measuring devices. The Committee found that Mr. Nalin Karunasinghe's invention may be useful for those managing communication centers, but that it would be of little value in residential settings.
8.0 Fraud
8.1 The Committee of Inquiry having considered the representations of both subscribers and service providers makes the following order
8.1.1 In the event of a billing dispute, operators must make all reasonable efforts to exclude the possibility that fraudulent use has occurred, and be primarily responsible for minimizing its occurrence and for detecting such fradulent use whenever it takes place. The onus is on the Operators to come up with ways and means of achieving these ends.
8.1.2

Fraudulent use is extremely difficult for the subscriber to detect and document, especially in the absence of itemized bills. Therefore the subscriber should receive the benefit of the doubt in the context of a dispute where there is reasonable grounds for suspicion that fraudulent use has occurred.

8.1.3 Operators should offer substantial rewards for providing information relating to fraudulent use, and for the successful prosecution of offenders under Section 46 of the Sri Lanka Telecommunications Act, No. 25 of 1991, as amended.
8.1.4 Operators should ensure that all their employees who work on their outside plant wear uniforms and identification and are easily recognizable as authorized persons.
8.1.5 Operators should give wide publicity to the efforts made by them to eliminate fraudulent use in order to enhance consumer confidence and trust in the accuracy of their bills. '
8.1.6 Operators are required to submit reports on actions taken under the provisions of this Order to the Commission by December 31 st of each year, starting in 1999.
8.2 Reasons for Order on Fraud
Fraudulent use is defined for the present purposes as the gaining of illegal access to a subscriber's service beyond the subscriber's premises by accessing the cable system or by illegal interference with charging or billing systems resulting in the allocation of call charges to subscribers who should not be charged for those calls. Complaints were received from subscribers alleging the fraudulent use of their lines in spite of all reasonable precautions being taken by the subscribers to prevent unauthorized access within their premises. There were several complaints that described situations where subscribers had been billed far in excess of the estimated number of calls, while the owners ruled out any possibility of the phone being legitimately used to the extent billed. This had led to suspicion that subscriber's lines were. being used by unauthorized persons, with the charges debited to the owners of the telephones. Despite the best efforts of the Committee, it was not possible to establish the existence of a pattern of fraudulent activities by individuals or groups within or outside the operator companies. The Committee considers the widespread belief of fraud to be detrimental to the development of the telecommunication industry and urges the operators to take steps even beyond those specified in the Order to alleviate the fears of the public.
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