39. End-user compensation
(1) The Commission may, for the purposes of this section, specify a failure (referred to in this section as a "specified failure") of a provider of internet access services or number-based interpersonal communications services (referred to in this section as a "provider") to comply with an obligation under -
(a) a minimum quality-of-service standard, or
(b) Regulation 90 of the Code Regulations.
(2) Where a provider commits a specified failure the provider shall pay compensation to any end-user affected.
(3) Where the Commission specifies a failure under subsection (1) providers shall, not later than 3 months thereafter, prepare and publish a scheme (in this section referred to as a "compensation scheme") setting out the compensation that end-users are to be entitled to in respect of the specified failure and a transparent procedure by which compensation shall be paid.
(4) A compensation scheme shall include at least the following in respect of the specified failure -
(a) a user-friendly description of the procedure by which compensation is paid,
(b) the amount of compensation that end-users are entitled to,
(c) the means by which compensation will be paid, and