Consumer Protection in the Communications Industry: Moving to best practice - Issues Paper (July 2008)

Abstract[42]

Signatories[43]

Status

Complaints mechanism[44]

ACIF C513:2004 – Customer and Network Fault Management

The objectives of this Code are as follows:

1. outline the process of recording, managing and resolving customer faults and network faults between carriers and carriage service providers in the most efficient manner to the benefit of users of telecommunications services;
2. allocate responsibility for the recording, managing and resolving of customer faults and network faults to the appropriate carrier or carriage service provider;
3. establish procedures to address fault management processes; and
4. establish service levels for fault resolution.

<http://www.commsalliance.com.au/documents/codes/C513>

• Telstra
• Hutchison 3G Australia

In force

• Industry complaints to ACIF (clause 3.2).

ACIF C515:2005 – Pre-selection

The objectives of this code are as follows:

1. to set out competitively neutral processes for implementation of pre-selection
2. to set out competitively neutral processes by which Prime Service Deliverers (PSDs) may exchange information with each other and with Access Service Deliverers (ASDs), while at the same time fulfilling the legal requirements and community expectations in relation to privacy
3. to set out criteria against which the compliance of PSDs and ASDs with the code can be measured and
4. to maximise customer choice through processes which are convenient and customer friendly so that a customer's wishes can be implemented with as little inconvenience as possible.

<http://www.commsalliance.com.au/documents/codes/C515>

• Telstra

In force

• Complaints to the TIO (clause 22);
• Industry complaints to ACIF (clause 23).

ACIF C518:2006 – Call Charging and Billing Accuracy

The Code specifies the requirements for checking the accuracy of call charging and billing of the standard telephone service in a multi-service deliverer, multi-network environment in Australia. The Code is intended to be a significant part of the industry approach to self regulation of call charging and billing accuracy for the standard telephone service . The Code provides visible and specific criteria through which the effectiveness of industry self regulation of call charging and billing accuracy can be monitored.

In a competitive market, many new and different call charging options are continually introduced, some of which may apply only to a single customer or group of customers, for either a defined or ongoing period. The Code requires a representative sample of these options to be tested as a part of complying with the Code.

<http://www.commsalliance.com.au/documents/codes/C518>

• Hutchison 3G Australia
• Optus

In force

• No powers to the TIO (expressly stated in clause 5.5);
• Industry complaints to ACIF (clause 5.6).

ACIF C519:2004 – End-to-End Network Performance for the Standard Telephone Service

This Code specifies minimum levels of performance for the end-to-end carriage of the standard telephone service over public telecommunication networks. The Code provides visible and specific criteria through which end-to-end network performance can be assessed. Compliance with this Code is demonstrated by self-attestation (i.e. self-verification and declaration) for both connectivity and transmission parameters.

<http://www.commsalliance.com.au/documents/codes/C519>

• Telstra
• Hutchison 3G Australia

In force

• Industry complaints to ACIF (clause 9.1).

ACIF C521:2004 – Customer Information on Prices, Terms and Conditions

The objectives of the code are:

1. to provide a concrete set of minimum standards for suppliers to meet in telling customers about the prices, terms and conditions of telecommunications products on offer;
2. to educate and inform residential and small business customers;
3. to provide safeguards against confusion and deception of customers generally;
4. to improve fairness and accuracy of disclosure to customers;
5. to ensure customer confidence in acquiring and using telecommunications products;
6. to address conduct which has resulted in customer confusion;
7. to promote competition in telecommunications markets; and
8. to recognise the legitimate business interests of suppliers of telecommunications products.

<http://www.commsalliance.com.au/documents/codes/C521>

None

In force

This code is one of six to be replaced by C628:2007 – Telecommunications Consumer Protections (TCP)

• Complaints to the TIO (clause 3.2);
• Industry complaints to ACIF (clause 3.3).

ACIF C522:2007 – Calling Number Display

This Code is intended to:

1. require suppliers to provide privacy protections in the use of Calling Line Identification (CLI) and Calling Number Display (CND);
2. ensure that suppliers adopt procedures to allow callers using the standard telephone service (STS) to easily enable or block CND to the called party;
3. require suppliers to inform their customers, on an ongoing basis, about CLI and CND and the privacy implications of both, and how customers can utilise CND blocking features of their STS so that they are able to make informed choices about their use of telecommunications; and
4. deal with the use of CLI by suppliers.

<http://www.commsalliance.com.au/documents/codes/C522>

None

In force

• Complaints to the TIO (clause 6.2);
• Industry complaints to ACIF (clause 6.3).

ACIF C524:2004 – External Telecommunication Cable Networks

This Code provides a standard, universal set of considerations for the installation of new networks, such as the electrical environment, access restriction, environmental impact, and public safety.[45]

<http://www.commsalliance.com.au/documents/codes/C524>

None

In force

• Industry complaints to ACIF (clause 3.2).

ACIF C525:2006 – Handling of Life Threatening and Unwelcome Calls

This Code provides a standard procedure for the cooperative handling, including call tracing, by carriers, CSPs and the NRS provider of incidents of communications which traverse the networks of one or more carrier/CSP and which are connected with life threatening calls or repeated unwelcome calls.

<http://www.commsalliance.com.au/documents/codes/C525>

None

In force

• Complaints to the TIO (clause 4.2);
• Industry complaints to ACIF (clause 4.3).

ACIF C536:2003 – Emergency Call Services Requirements

The objectives of this industry code are:

- to ensure all end users of a standard telephone service have access to an emergency call service in case of life threatening emergencies or where a time critical response is required from an emergency service organisation;
- to ensure the operational effectiveness of the Telecommunications (Emergency Call Service) Determination 1999;
- to ensure that the obligations of carriers and carriage service providers, in relation to the emergency call services, are clearly documented and understood; and
- to promote public understanding (through public number directories) of the emergency call services, including appropriate use, and advise that the disclosure of personal information to emergency service organisations will occur as part of the emergency all process, in accordance with section 35 of the Telecommunications (Emergency Call Service) Determination 1999.

<http://www.commsalliance.com.au/documents/codes/C536>

• PowerTel
• Telstra
• AAPT
• Hutchison 3G Australia

In force

• Industry complaints to ACIF (clause 6.2).

ACIF C540:2007 – Local Number Portability

The objectives of the Code are:

- to put in place operational arrangements which enable a Customer to directly connect to another carrier or CSP's network and retain the same telephone number;
- to put in place operational arrangements which enable a Customer to relocate premises within the same standard zone unit and retain the same telephone number;
- to set out competitively neutral and non-discriminatory processes for the implementation and operation of LNP;
- to set out competitively neutral processes by which carriers and CSPs may exchange information with each other in accordance with the requirements of Part 13 of the Telecommunications Act 1997 and the Privacy Act 1998;
- to set out criteria against which the compliance of carriers and CSPs with the Code may be measured; and
- to set out procedures between carriers and CSPs to enable a Customer to retain their telephone number when transferring from one carrier or CSP to another, even though the relevant number range will still be allocated to the donor carrier or CSP.

<http://www.commsalliance.com.au/documents/codes/C540>

None

In force

• Complaints to the TIO (clause3.2);
• Industry complaints to ACIF (clause 3.3).

ACIF C541:2006 – Credit Management

The objectives of this Code are to provide customer protection by setting minimum industry standards on credit management practices and to foster good industry practice rather than rely on remedial measures enforced through legislation.

<http://www.commsalliance.com.au/documents/codes/C541>

• Hutchison 3G Australia

In force

This code is one of six to be replaced by C628:2007 – Telecommunications Consumer Protections (TCP)

• Complaints to the TIO (clause 8.2);
• Industry complaints to ACIF (clause 8.3).

ACIF C542:2003 – Billing

The objectives of this code are to promote informed customer choice, and enable customers to understand and have confidence in their bills. It does this by establishing a set of minimum standards for suppliers to meet when billing their customers, by ensuring that:

1. customers are provided with or have access to sufficient information to enable them to verify the correctness of billed charges
2. bills are easy to read and understand and
3. charges are billed, bills are issued, and payments are credited in a timely manner.

<http://www.commsalliance.com.au/documents/codes/C542>

• PowerTel
• Telstra
• AAPT
• B Digital
• Hutchison 3G Australia

In force

This code is one of six to be replaced by C628:2007 – Telecommunications Consumer Protections (TCP)

• Complaints to the TIO (clause 14.3);
• Industry complaints to ACIF (clause 14.4).

ACIF C546:2007 – Customer Transfer

The objectives of this code are to protect consumers and minimise the incidence of unauthorised transfer of telecommunications service(s) from one supplier to another. It establishes procedures for suppliers to:

1. identify the authorised customer;
2. inform customers of all relevant terms and conditions of the transfer and supplier contact details;
3. ensure appropriate conduct of suppliers' sales representatives;
4. confirm the components of the transfer to the customer;
5. verify the transfer through independent means;
6. notify the customer of the completion of the transfer;
7. maintain records of the transfer process; and
8. provide customer access to suppliers' records of the transfer.

<http://www.commsalliance.com.au/documents/codes/C546>

• Macquarie Corporate

In force

This code is one of six to be replaced by C628:2007 – Telecommunications Consumer Protections (TCP)

• Complaints to the TIO (clause 3.2);
• Industry complaints to ACIF (clause 3.3).

ACIF C547:2004 – Complaint Handling

The objectives of this code are for suppliers to develop and enforce a comprehensive complaint handling process that will maintain and enhance customer satisfaction, through:

1. recognising, promoting, and protecting customers' rights, including the right to actively provide feedback;
2. providing an efficient, fair and accessible mechanism for handling customer complaints;
3. providing information to customers on the complaint handling process for telecommunications products and services provided by suppliers; and
4. monitoring complaints for the purpose of improving the quality of products and services.

<http://www.commsalliance.com.au/documents/codes/C547>

• Optus
• PowerTel
• Hutchison 3G Australia
• Primus

In force

This code is one of six to be replaced by C628:2007 – Telecommunications Consumer Protections (TCP)

• Complaints to the TIO (clause 3.2);
• Industry complaints to ACIF (clause 3.3).

ACIF C554:2004 – Rights of Use of Premium Rate Service Numbers

The objectives of this Code are to:

1. recognise and protect the interests of rights of use holders in numbers;
2. recognise and protect the investment and interest in numbers of the parties involved in the provision of a service;
3. provide certainty in arrangements for numbers so that the identity of the rights of use holder can be clearly ascertained and be supported by appropriate contractual arrangements; and
4. provide a concise procedure for rights of use holders to move their numbers between premium rate service providers.

<http://www.commsalliance.com.au/documents/codes/C554>

None

In force

• Industry complaints to ACIF (clause 3.2).

ACIF C555:2008 – Integrated Public Number Database (IPND)

This industry code sets out rights and obligations of data providers, data users and the IPND Manager regarding the access, input, use, disclosure and storage of public number customer data in the IPND.

The objectives of the industry code are to ensure that:

1. data providers capture and record details of the customer’s choice of listed or unlisted entry, or where offered, suppressed address entry:
2. data providers take reasonable steps to provide customers with sufficient information about the use of public number customer data;
3. the rights and obligations of participants regarding their input, use, disclosure and storage of public number customer data in the IPND are clear;
4. agreed uniform procedures and formats are followed when public number customer data is transferred to the IPND by data providers;
5. agreed uniform procedures and formats are followed when public number customer data is transferred from the IPND Manager to data users;
6. IPND procedures treat data providers on an equitable basis;
7. IPND procedures treat data users in the same approved purpose category on an equitable basis;
8. IPND procedures do not detract from customers' reasonable rights with regard privacy of personal information;
9. procedures and processes maximise data accuracy and efficiency through the cooperation of all participants; and
10. the integrity and confidentiality of the public number customer data that is input to, stored in, used and disclosed from the IPND is adequately protected.

<http://www.commsalliance.com.au/documents/codes/C555>

None

In force

• Industry complaints to ACIF (clause 13.2).

ACIF C559:2006 – Unconditioned Local Loop Service (ULLS) Network Deployment

The objectives of this industry code are:

- to protect the integrity of the telecommunications network when systems and services (including the standard telephone service) are operated using the ULLS;
- to facilitate the most efficient use of ULLS for the deployment of carriage services taking into account the nature of access networks and the likely use of the ULLS;
- to limit to an acceptable level the risk of interference between systems and services (including standard telephone services) operated using ULLS;
- to identify specific Deployment Classes with associated Deployment Rules which, if complied with, will ensure a carrier or carriage service provider will meet the obligations in this Code;
- to prescribe the process by which new Deployment Classes may be identified and new services operated using ULLS;
- to promote the greatest practical use of industry self-regulation in providing guidance to the telecommunications industry in operating systems using the ULLS;
- to develop performance requirements for the operation of systems using the ULLS that promote the long term interests of end users and the efficiency of the Australian communications industry;
- to facilitate the supply of diverse and innovative carriage services and content services using the ULLS;
- to specify the safety requirements for equipment that uses remote power feeding and is used as part of the operation of a system using ULLS; and
- to avoid the use of spectrum prior to the consideration by the telecommunications industry of the most efficient use of that spectrum in the operation of systems using ULLS.

<http://www.commsalliance.com.au/documents/codes/C559>

None

In force

N/A

ACIF C564:2004 – Deployment of Mobile Phone Network Infrastructure

The objectives of this industry code are to:

1. apply a precautionary approach to the deployment of radiocommunications infrastructure;
2. provide best practice processes for demonstrating compliance with relevant exposure limits and the protection of the public;
3. ensure relevant stakeholders are informed and consulted before radiocommunications infrastructure is constructed;
4. specify standards for consultation, information availability and presentation;
5. consider the impact on the well being of the community, physical or otherwise, of radiocommunications infrastructure; and
6. ensure Council and community views are incorporated into the radiocommunications infrastructure site selection.

<http://www.commsalliance.com.au/documents/codes/C564>

• Telstra

In force

N/A

ACIF C566:2005 – Rights of Use of Numbers

The objectives of this Code are to:

1. define when a number is issued to a customer in association with a service and to clarify carriage service provider obligations in managing numbers; and
2. confirm and clarify rights of use of numbers and the obligations of carriage service providers in relation to the reservation, issue, porting, disconnection and quarantine of numbers.

<http://www.commsalliance.com.au/documents/codes/C566>

• Hutchison 3G Australia

In force

• Industry complaints to ACIF (clause 3.2).

ACIF C569:2005 – Unconditioned Local Loop Service - Ordering, Provisioning and Customer Transfer

This Code sets out technical requirements for Unconditioned Local Loop Services (such as ADSL networks).

<http://www.commsalliance.com.au/documents/codes/C569>

None

In force

N/A

ACIF C570:2005 – Mobile Number Portability

The objectives of this code are as follows:

1. set out procedures between CSPs to enable a Customer to retain their mobile number when transferring from one CSP to another or changing Mobile Carrier Networks, even though the relevant number range will still be allocated to the Donor CSP;
2. set out competitively neutral and non-discriminatory processes for the implementation and operation of MNP;
3. set out competitively neutral processes by which CSPs may exchange information with each other in accordance with applicable privacy regulation;
4. set out criteria against which the compliance of CSPs with the Code may be assessed; and
5. provide a robust process that can support MNP in a timely fashion.

<http://www.commsalliance.com.au/documents/codes/C570>

• Telstra
• PowerTel
• Globalstar Australia

In force

• Complaints to the TIO (clause 3.2);
• Industry complaints to ACIF (clause 3.3).

ACIF C609:2007 – Priority Assistance for Life Threatening Medical Conditions

The objectives of the Code are to:

- promote consistent industry arrangements for maximising standard telephone service continuity to those individuals who by reason of a diagnosed, life threatening medical condition are at the risk of suffering a rapid, life threatening deterioration in their condition;
- promote consistent industry arrangements for identifying and
- maintaining priority customers; and
- ensure that people are informed of the eligibility requirements for priority assistance.

<http://www.commsalliance.com.au/documents/codes/C609>

None

In force

• Complaints to the TIO (clause 6.2);
• Industry complaints to ACIF (clause 6.3).

ACIF C617:2005 – Connect Outstanding

The objectives of the Code are:

1. to set out procedures between carriage service providers that provide timely connection of a new occupant’s standard telephone service where a working standard telephone service has not been cancelled at the service address;
2. to ensure an appropriate balance between the rights of the new occupant and the previous occupant;
3. to set out competitively neutral and non-discriminatory processes; and
4. to minimise disadvantage to the previous occupant or any third party where a reversal is necessary.

<http://www.commsalliance.com.au/documents/codes/C617>

None

In force

• Complaints to the TIO (clause 3.2);
• Industry complaints to ACIF (clause 3.3).

ACIF C620:2005 – Consumer Contracts

The objectives of this Code are:

1. to identify and prohibit the use of unfair terms in Contracts;
2. to provide an objective basis for determining whether a contractual term is unfair; and
3. to state the minimum requirements for the format and structure of Contracts and to encourage the use of plain language.

<http://www.commsalliance.com.au/documents/codes/C620>

• Hutchison 3G Australia

In force

This code is one of six to be replaced by C628:2007 – Telecommunications Consumer Protections (TCP)

• Complaints to the TIO (clause 3.2);
• Industry complaints to ACIF (clause 3.3).

ACIF C625:2005 – Information on Accessibility Features for Telephone Equipment

The objectives of this Industry Code are to:

1. specify obligations on equipment suppliers to provide product information on the functional characteristics of their customer equipment used with a standard telephone service (which covers services that deliver voice telephony) that would be beneficial to people with a disability and older people; and
2. to ensure that the information provided by equipment suppliers is clear and comprehensible to assist both carriage service providers and consumers in identifying equipment features that will meet an individual’s communications needs.

<http://www.commsalliance.com.au/documents/codes/C625>

None

• Industry complaints to ACIF (clause 4.2).

C628:2007 – Telecommunications Consumer Protections (TCP)

This Code seeks to:

- make it easier to know consumers’ rights;
- ensure consistency in drafting, style, and terminology;
- separate rules from procedures; and
- allow suppliers to determine their own methods for complying with the code, rather than specifying mandatory procedures.

The Code contains rules about:

- advertising of products and informing customers about the prices, terms and conditions of products on offer;
- determining when consumer contract terms may be considered unfair, including having regard to the intelligibility and accessibility of contract terms;
- billing procedures and the provision of billing information to customers;
- the credit assessment of customers, the provision of security and credit control tools, and a requirement to have a financial hardship policy to assist customers experiencing financial difficulties;
- ensuring all transfers of service that occur are authorised and verified; and
- complaint handling procedures for information provision to customers and recording of their complaints.

Once registered with ACMA, this Code will replace:

- ACIF C521:2004 – Customer Information on Prices, Terms and Conditions;
- ACIF C541:2006 – Credit Management;
- ACIF C542:2003 – Billing;
- ACIF C546:2007 – Customer Transfer;
- ACIF C547:2004 – Complaint Handling; and
- ACIF C620:2005 – Consumer Contracts.[46]

<http://www.commsalliance.com.au/documents/codes/C628>

None

Not yet in force – awaiting ACMA registration (as at April 2008)

• Complaints to the TIO (clause 10.2);
• Industry complaints to ACIF (clause 10.3).