The Electronic and Postal Communications Authority (AKEP) stands firm on its decision, rejecting One Albania's appeal and maintaining the 10 million ALL fine. Delve into the details of the regulatory dispute and its implications for the electronic communications sector.

Introduction:


In a regulatory standoff, the Electronic and Postal Communications Authority (AKEP) remains resolute, dismissing the appeal from One Albania and upholding the imposed fine of 10 million ALL. This decision, rooted in violations uncovered during inspections in 2023, signals AKEP's commitment to enforcing legal compliance in the realm of electronic communications. Explore the intricacies of this administrative clash, shedding light on the legal nuances and the potential impact on service providers.

A Closer Look at the Regulatory Landscape:

Legal Framework:


The crux of the matter revolves around infringements identified during two inspections conducted in 2023, leading to AKEP's imposition of a 10 million ALL fine on One Albania. The primary transgression was the company's failure to adhere to the statutory notice deadlines before terminating services for contracted subscribers, as mandated by Article 109 of the "On electronic communications" law.

Fines and Legal Ramifications:


The legal framework empowers AKEP to levy fines ranging from 10 million to 50 million ALL when electronic communication operators breach contractual terms, restricting access to services or terminating contracts improperly. One Albania found itself on the receiving end of this financial penalty due to its non-compliance with contractual obligations.

The Appeals and Counterarguments:

One Albania's Plea:


In response to the hefty fine, One Albania submitted an appeal seeking a downgrade of the penalty to a warning. The company argued that the actions taken during a random inspection exceeded the principle of proportionality defined in the law. It contended that AKEP failed to solicit information or address procedures related to the suspension of services for non-payment earlier, challenging the necessity of the inspection.

Counterarguments and Legal Rights:


One Albania maintained that the actions taken to limit services for subscribers with outstanding contractual obligations were not inherently illegal. The company emphasized procedural aspects, asserting its legitimate right to suspend services for non-payment. It highlighted that out of the ten cases scrutinized, service suspension occurred for eight subscribers, underscoring the legal and contractual grounds for such actions.

AKEP's Defiance and Preventive Measures:

Governing Council's Stance:


AKEP's Governing Council, scrutinizing One Albania's appeal, determined that no additional evidence was presented to warrant a modification of the imposed fine. The Council emphasized that, according to the law, the nature of the inspection (random or remote) does not affect the essence of the process. The focus remains on subscribers' complaints, and the inspections, as part of these complaints, have been duly extended.

Preventive Intent:


AKEP underscores the preventive aspect of imposing fines, aiming to deter future violations regarding the termination of services within the legal timeframe. The Council's unwavering support for the fine reflects its commitment to upholding regulatory standards and fostering compliance within the electronic communications sector.

The Road Ahead: Legal Recourse for One Albania:

Limited Options:


While AKEP's decision appears final, One Albania retains the right to appeal to the Administrative Court of First Instance. The legal recourse presents an avenue for the company to contest the imposed fine and seek a more favorable resolution.

Industry-Wide Implications:


The outcome of this dispute reverberates beyond the immediate parties involved, setting a precedent for how regulatory bodies enforce compliance within the electronic communications sector. Service providers will closely watch the developments, aware that adherence to contractual obligations and regulatory frameworks is non-negotiable.

In conclusion, AKEP's unwavering stance on maintaining the 10 million ALL fine sends a clear message about the importance of adherence to regulatory norms in the electronic communications landscape. The clash between regulatory bodies and service providers underscores the evolving nature of legal frameworks in the digital age, with implications that extend beyond individual cases to shape industry-wide practices.