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The ACMA has issued ISP, Green Tree Frog, with a remedial direction, arising out of its alleged failure to comply with directions of the Telecommunications Industry Ombudsman (‘TIO’) in two separate instances.

According to ACMA Chairman, Chris Chapman:

All members of the TIO Scheme have an obligation to comply with the responsibilities established under the scheme as well as those established by the legislation that governs the industry….In issuing this direction, ACMA has undertaken the appropriate enforcement action to prevent Green Tree Frog from continuing to contravene its regulatory obligations.

The failure to comply arose out of two instances in which among other things, the TIO directed that Green Tree Frog “pay money to a customer and waive their early termination fee“.

We previously reported that another ISP had failed to comply with the TIO scheme and had been issued with a direction by the ACMA. The ACMA in line with its recently processes, has once again exercised its statutory powers to compel compliance.

Whilst the ACMA is bound to enforce the law, bigger questions about the role of the TIO and its impartiality have in the recent past been in issue. Only time will tell whether the industry will make a stand on this issue.

Tags: ACMA, isp law, ISP Lawyers, telecommunications law, Telecommunications Lawyers

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