Author: Klevis Paloka
For citizens, the monthly top-up of the phone in the amount of 100 lek to postpone the expiration date of the number is a paradox and an unaffordable and senseless expense. "There are times that if I don't recharge within the deadline because I can sometimes forget and my company takes all the money I have on my phone", confesses a citizen on the "SIGNALIZO" platform who wants to remain anonymous.
Along with it, another one with the initials ED teaches the same problem by listing the economic difficulties on the one hand, and at the same time the necessity to have a phone number.
"I don't have the economic conditions to pay 500 lek for each month to postpone the expiration date of the number, since before I have to provide the basic things for the family, such as food, water payment, lights, now we have to pay for phones to postpone the number deadline. Before, it did not work like this, and we are not even notified of the changes that occur. We only notice when the number no longer works for us to call someone, or when we are notified that we do not have enough credit to make a call", says the 43-year-old. He thought that the solution would come to him if he communicated with the telephone company and made them aware of the impasse.
"I complained to the company but they didn't give me any solution, I went to the responsible institutions, but I didn't get a solution there either", adds Besmiri, a student who lives between rent and daily costs, from water and electricity bills to photocopied lectures.
Citizens complain, but no one listens
The problems and complaints regarding the issue of the expiration date of a simple prepaid number are also confirmed by state bodies, as well as consumer protection associations.
"Near the office of the consumer protection commission, there have been a large number of complaints from ordinary citizens regarding the issue of prepaid number expiration, and each complaint has been delegated to AKEP for resolution.", he said in a statement for ACQJ, the Office of the Consumer Protection Commission.
The executive director of the "Albanian Consumer" Center, Ersida Teliti, tells ACQJ that the center has received a large number of complaints regarding this problem and that all these complaints have been delegated to the responsible institutions. But she also emphasizes that as soon as the responsible institutions have closed the investigations, since they could not prove the claims, the companies have returned to their previous decision-making.
"The "Albanian Consumer" center for almost more than 5 months has received a large number of complaints regarding consumers who have a prepaid number in terms of precisely the obligation and the notice sent to them by mobile companies that if they do not pay within a date assigned or do not top up the cards, their numbers will expire. It should be noted that for this reason at the beginning of May, we mobilized the relevant authorities and companies, precisely the responsible authorities such as AKEP and the Consumer Protection Commission, which delegated these complaints to AKEP. Practically from the point of view of consumer protection, such an issue harms their rights and economic interests, because the increase in prices must be accompanied by the increase in Services or the provision of new Services", says Teliti for ACQJ.
Citizens' complaints against mobile companies are also confirmed by another consumer protection organization such as the "Albanian Consumer Protection".
The Director of Complaints at this organization, Hasan Stafa, says that there are complaints about this issue almost every month, where in August 2021 alone there were 39 complaints from ordinary citizens.
"The most complaints are about raising the price to postpone the deadline from 100 ALL to 200 ALL. At the moment of completion, if customers forget or scan financial opportunities, the balance is zeroed out by stealing it openly from the customer, and we have had cases of theft of up to 2000 ALL. These complaints come for all three mobile companies", the Director of Complaints emphasizes.
The Albanian Center for Quality Journalism monitored the mobile companies "One Telecommunications", "Vodafone" and "Albtelecom" regarding the fees they have for postponing the expiration of a prepaid number.
It was noted that none of the three mobile companies have the same fees for postponing the expiry of the prepaid number.
The company "One Telecommunications" in June 2021 has announced the change in the validity of the credit, underlining that for top-ups up to ALL 499, the deadline is postponed by 30 days. For refills up to ALL 1200, the deadline is postponed by 45 days, for refills up to ALL 2000, the deadline is postponed by 60 days, and for refills more than 2.001 ALL, the deadline is postponed by 180 days.
"Each top-up increases the validity of your credit depending on the validity period of the top-up", says the notice published on the official website. But although in this announcement it is stated that for top-ups from ALL 1.201 to ALL 2000 the deadline is postponed by 60 days, in fact the deadline for top-up of the number is only postponed by 30 days.
Unlike "One", the company "Vodafone" has the highest fees for credit validity.
For top-ups up to ALL 499 in Vodafone, the deadline should be postponed by 30 days, for top-ups up to ALL 999, the deadline should be postponed for 40 days, for top-ups up to ALL 2500, the deadline should be postponed by 60 days and for top-ups over 2500 ALL , the deadline to be postponed by 90 days.
But the company "Albetelecom" operates completely differently, which for a certain recharge is valid from 1 to 6 months, while the number remains active for 6 months. The details mention the obligation of citizens to pay if they want an active and unexpired number.
"1- With recharges of 0-500 lek, the validity of the recharge will be 1 month, while the active status will be for 6 months.
2- With recharges of 501 - 1000 ALL, the validity of the recharge will be 2 months, while the active status will be for 6 months.
3- With recharges of 1001 - 2000 ALL, the validity of the recharge will be 3 months, while the active status will be for 6 months.
4- With recharges above ALL 2000, the validity of the recharge will be 6 months, while the active status for 6 months", it is stated in an announcement on their website.
ACQJ was interested in asking about the contracts that are signed, but according to mobile companies, there is no real contract for simple prepaid numbers, as only the personal data of a subscriber is filled in and the number is given.
The only thing that is notified to the subscribers is that this number has an expiration date of 12 months, then if during this period, the subscriber has not performed any recharge action, his number goes inactive.
The Table Tennis Competition Authority with AKEP
ACQJ inquired about this matter at the Competition Authority Institution. The official response states that in August of last year, a decision was made that obliges mobile companies not to change the term of monthly packages from 30 days. But for the most important issue, that of the validity of the number, the Competition Authority avoids responsibility by pointing the finger at the Electronic and Postal Communications Authority.
"We inform you that the Competition Authority has taken decision no. 703, dated 06.08.2020 "For the closure of the preliminary investigation procedure in the retail market of mobile Services and the approval of commitments as mandatory in the form of conditions and obligations for the companies Vodafone Albania, Telekom Albania and Albtelecom" explains this institution. But despite this, there is no conclusion on the control that is carried out on the service that the companies offer to the citizen.
"We inform you that the Competition Authority is monitoring the behavior of mobile operators. Regarding the setting of tariffs and prices, the competent body for the regulation of the mobile phone market is the Electronic and Postal Communications Authority", says the answer of the Competition Authority to ACQJ.
But AKEP immediately removes the responsibility, remembering that it has no duty to repair the problem. Along with this argument, AKEP invites associations and companies to cooperate with each other for a common solution.
"The validity and duration of prepaid mobile SIM cards, the setting of the recharge value limit, and the relevant deadlines are not regulated by law no. 9918, dated 19.05.2008 "On Electronic Communications in the Republic of Albania", amended, as well as the current regulatory acts issued in its implementation. The legal and regulatory framework of electronic communications in Albania is based on the relevant EU directives, and a review of best practices in EU countries and the region shows that the validity period of SIM card refills is determined by each operator. cellular, based on its commercial policies, and is not subject to regulation by the relevant legal or sub-legal framework of electronic communications in these countries. Regarding the concern raised on this issue, AKEP encourages consumer protection associations, as well as all parties interested in this issue, to find balances based on the best commercial practices, in the region and beyond, as well as in the cooperation of closely with mobile operators to identify appropriate mechanisms for establishing a reasonable length of validity of SIM cards”, answers AKEP, for the Albanian Center for Quality Journalism.
Consumers expect from institutions
"Solving these problems is the sole responsibility of AKEP, as AKEP is the only institution that deals with the regulation of telecommunications problems in Albania.", KMK insists. While the Director of the "Albanian Consumer" Center touches on the legal package that needs to be reviewed.
"The Consumer Protection Law has only two provisions related respectively to contracts such as the contract of sale and supply of water, electricity and telecommunications, it does not specify anything, it only says that the supply must be continuous, uninterrupted and must have a match between quality and price and service but does not specify the issue of the expiration date of a simple prepaid number", says Professor Teliti for ACQJ.
This concern is joined by Rigels Xhemollari, from Qëndresa Cittarë, who considers that mobile operators do not offer transparency on Services.
"As for the problem of overdue payment, it is an invention of the operator to extort as much as possible from the Albanian consumer. It is an unprecedented practice, not written in the contract of opening a number and illogical, since you cannot pay for a service that you do not use", says Xhemollari. But the impotence of the institutions for the regulation and monitoring of the market is another concern for Xhemollari.
"AKEP and the Competition Authority, which are the institutions responsible for regulating and monitoring the telephony market, are in the shadows and powerless", concludes the director of the Citizen Center.
Higher prices than neighbors
Also, mobile companies in Albania have the highest prices compared to neighbors like Kosovo and North Macedonia. In Kosovo, mobile companies have different rates with Albania, but the lowest is 1 euro for 10 days and the highest is more than 20 euro for 360 days. "Recharge 1 euro - 10 days, 2 euros - 20 days, 3 euros to 4 euros - 30 days, 5 euros to 9 euros - 60 days, 10 euros to 19 euros - 90 days and 20 euros and more- 360 days", these are the rates in a mobile company in Kosovo, a citizen of Pristina testifies.
Also in North Macedonia, fees for postponing the expiration date of a number start from 200 ALL to 4000 ALL. But unlike Albania and Kosovo, in North Macedonia with the top-up of only 200 lek, the expiry date of the prepaid number is postponed for 60 days. "200 ALL to 600 ALL - 60 days, 1080 ALL - 180 days, 1800 ALL - 360 days, 4000 ALL - 500 days", these are the figures of a mobile company in North Macedonia. So although in Albania, the average salary is lower than the two aforementioned countries, the prices of the fees for postponing the expiration of a prepaid number are more "salty" than Kosovo and North Macedonia.
