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Posts Tagged ‘Code Compliance’

The TIO’s  recently released December 2008 quarter complaints statistics identify complaint handling as a problem area for ISPs and Telcos.

The TIO statistics show that complaints around complaint handling are increasing across all service segments:

Mobile services:

• Provisioning (an increase of 37.7 per cent, from 297 to 409)
• Customer Transfer (up 40.5 per cent, from 412 to 579)
• Complaint Handling (up 25 per cent, from 4,340 to 5,427)

Landline services:

• Complaint Handling (increasing by 55.1 per cent, from 3,957 to 6,137)
• Phonecard (up 70.1 per cent, from 281 to 478)
• Disability (up 117.4 per cent, from 46 to 100)
• Billing and Payments (up 40 per cent, from 6,999 to 9,796)

Internet services

• Complaint Handling (rising 31.5 per cent, from 2,782 to 3,657)
• Credit Management (up 30.7 per cent, from 1,177 to 1,538).

The statistics are a timely reminder of the Complaint Handling obligations contained in the Telecommunications Consumer Protections Code C628:2007.

Clause 9 of the TCP Code imposes a number of obligations, the core of which are:

1. (clause 9.1.1) having a complaint handling process;
2. (clause 9.1.2) having a documented complaint handling policy;

It is also a requirement under clause 9.1.4 of the TCP Code that:

Suppliers must give the TIO a copy of their internal Complaint handling policy and advise the TIO of any significant changes within 7 days of the change, or as soon as practicable after that time.

The success of compliance can in large part be impacted by staff training and awareness of the procedures and policies. This needs to be addressed to ensure effective TCP Code compliance.

Non-compliance may cause the ACMA to take action by issuing formal directions or taking other enforcement action.

Tags: Code Compliance, isp law, ISP Lawyers, telecommunications law, Telecommunications Lawyers, TIO
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The Australian Communications and Media Authority ACMA last week announced that it had assessed 44 carriage service providers, and issued formal directions to 2 providers for non-compliance with the financial hardship requirements of the Telecommunications Consumer Protections Code (TCP Code).

Chapter 7 of the TCP Code deals with Credit Management, and among other things sets out obligations on how CSPs and Carriers must conduct themselves throughout the credit management process, including in cases of financial hardship.

Clause 7.5.1 states:

7.5.1 Financial Hardship policy: A Supplier must have a Financial Hardship policy that:
(a) provides for training of staff who will be applying the policy;
(b) is sufficiently flexible to accommodate the circumstances of individual Customers;
(c) ensures that a Customer can contact appropriate employees of the Supplier if experiencing Financial Hardship; and
(d) includes options for managing a Customer’s Financial Hardship.

The ACMA’s formal direction to compel the 2 CSPs  in question, to prepare a compliant Hardship Policy, once again underlines the importance of implementing a proper code compliance program, to maintain compliance, before the ACMA is forced to take action. Failure to comply with the formal direction, would result in Federal Court action by the ACMA to compel the CSPs in question.

Unfortunately, many ISPs are not proactive in ensuring compliance, and it is only when the ACMA comes knocking that they realise. This is something that we can assist you to overcome.

We have prepared scores of compliant policies, if you are a CSP who doesn’t comply, give us a call, we can help!

Tags: Code Compliance, isp law, ISP Lawyers, TCP Code, telecommunications law, Telecommunications Lawyers
Posted in ISP and Telco Law | No Comments »