By Lee Hyo-sik
Nearly 1,000 users of second-generation (2G) handsets have filed a class action lawsuit against the Korea Communications Commission (KCC) to nullify the regulator’s approval of KT’s plan to end its 2G wireless service.
Jang Baek, a law firm in southern Seoul, said Wednesday that it filed the suit with the Seoul Administrative Court against KCC on behalf of 970 individual 2G service users of the country’s second-largest wireless service provider.
“We filed the class-action suit against the communications regulator Wednesday afternoon in a bid to invalidate the decision allowing KT to halt 2G mobile service on Dec. 8,” lawyer Choi Soo-jin said. “We also asked the court to suspend KCC’s approval until it issues a verdict on the matter.”
After rejecting KT’s two previous bids, the regulator voted on Nov. 23 to approve the company plan to end its 2G wireless service in the 1.8 gigahertz bandwidth. The approval enables Korea’s second-biggest mobile operator to begin long-term evolution (LTE) service on the band.
Choi argued KCC violated the Electro Communications Business Act that requires both landline and wireless communications service providers to notify users of service changes 60 days in advance.
“Under the law, if KT’s 2G service comes to an end on Dec. 8, the company should have informed 2G handset users of its plan to terminate services before Oct. 8. But it did not. This clearly breached the communications act,” the lawyer said. “Additionally, KT was engaged in dubious activities to artificially reduce the number of 2G service users in order to get the regulator’s approval.”
Before allowing KT to halt the 2G services, KCC should look into the company’s unlawful behavior.”
Choi said she will consider initiating another class-action lawsuit seeking compensation after the administrative court ruled on the initial suit. “Nearly 160,000 2G users will be affected by KCC’s decision. They should have been given a chance to voice their views,” the lawyer said.
The commission rejected KT’s previous requests in April and July, saying the company’s number of 2G handset users was too large to force an end to the service.
KT, which had 1.1 million 2G mobile phone users in March, only had 340,000 users by August after waging aggressive marketing campaigns to woo 2G mobile phone users to upgrade to third-generation (3G) handsets.
Though its dogged methods sometimes faced a backlash and complaints from 2G users, the number dropped to below 160,000 in November, less than 1 percent of its wireless subscribers. The remaining 2G users can either subscribe to 3G mobile services or switch mobile carriers.