ACMA cracks down on compliance with TIO Scheme

ACMA issues formal warning to Canberra ISP for failing to comply with the TIO Scheme.

The ACMA have issued a formal warning to ByteCard, a Canberra ISP who was allaged to have failed to comply with the TIO Scheme.

The warning comes after allegations that disputes raised with the TIO by customers remained unresolved, as a consequence of this ByteCard’s refusal to comply with the TIO Scheme. According to the ACMA:

“……Bytecard had failed to cooperate with the TIO in relation to two continuing matters. Both the TIO and ACMA have made attempts to encourage Bytecard to voluntarily comply with the TIO Scheme, without success.”

Part 6 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 (’the TCPS Act’) imposes obligations on Carriers and CSPs (who are referred to as eligible carriage service providers, as defined by s127) to (among other things):

1. Enter into the TIO Scheme; and
2. Comply with the TIO Scheme;

In this case, the ACMA’s formal warning came about by the alleged failure of ByteCard (who is an eligible carriage service provider) to comply withe TIO Scheme.

Unless a CSP is exempt under s129 of the TCPS Act, they must comply with their obligations under Part 6.