Section 40, The Telecommunications Act, 2006

(1) The Commission may determine such general orspecific standards of performance in relation to the provision of telecommunications services by an operator as in the opinion of the Commission ought to be achieved by that operator consistent with the International Telecommunications Union standard, and arrange for the publication of the standards in such form and in such manner as the Commission considers appropriate. (2) The Commission may only make a determination under subsection (1) – (a) after consulting with the operator concerned and the persons or bodies that appear to the Commission to be representative of the persons likely to be affected; and (b) after carrying out such research or investigation as the Commission considers appropriate with a view to discovering the views of a representative group of persons likely to be affected and considering the results. (3) For the purposes of this section, the Commission may determine– (a) the circumstances in which the operator is to inform persons of their rights under this Act; (b) such standards of performance in relation to any duty under this Act as, in the opinion of the Commission, ought to be achieved in all cases; (c) the circumstances in which the operator is to be exempted from any requirements pursuant to this section. (4) If the operator fails to meet any required standard, he shall pay to any person who is adversely affected by the failure such compensation as may be determined by the Commission. (5) The requirement for payment of compensation under this section in respect of any failure to meet the required standard does not preclude any other remedy at law which may be available or any other measure that may be taken or sanction that may be imposed by the Commission in respect of the act or omission which constituted that failure. (6) Any dispute arising from the application of this section may be referred to the Commission by either party for determination by the Commission.