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Action on telco consumer protections: July to September 2020

Enforceable undertakings

We accepted enforceable undertakings from 4 telcos.

Telco investigation

We completed 9 telco investigations. We gave a direction to one telco.

Compliance assessments

We completed 55 compliance assessments. 26 related to rules about bringing in extra checks and publishing consumer information under the Pre-Porting Verification Standard.

Notices issued

We issued notices to 10 telcos to obtain information on the financial hardship arrangements for their customers.

Statutory Infrastructure Provider register

We established the Statutory Infrastructure Provider register.

Telco compliance activities

2020–21 compliance priorities – A better move to the NBN

We accepted 4 enforceable undertakings from Telstra, TPG Internet, Optus and Dodo. This followed investigations that found the 4 telcos had breached NBN service continuity rules.

We started 2 investigations and one compliance assessment related to NBN service continuity rules.

We completed 3 compliance assessments – 2 related to NBN service continuity rules. One related to compliance with the NBN Consumer Information Standard.

Protecting telco customers (selling to vulnerable consumers and financial hardship)

We started one compliance assessment into TCP Code rules on responsible selling practices.

We completed 14 compliance assessments under the Telecommunications Consumer Protections (TCP) Code rules. These related to responsible selling practices and financial hardship.

We also issued notices to 10 telcos to obtain information on their financial hardship arrangements for customers in 2019–20. The information collected will be used in our second ‘state of play’ report on telco customer financial hardship.

Mobile porting fraud (scams)

We are monitoring industry compliance with new rules to help prevent mobile number fraud and identity theft. The rules came into effect on 30 April 2020.

They include obligations to use enhanced ID checking such as multi-factor identification. They apply to all mobile carriage service providers and mobile number ports in Australia.

Targeting scams across telco networks is one of our compliance priorities in 2020–21.

We started 10 compliance assessments into pre-porting verification rules. These related to additional identity checking measures and publishing consumer information.

We completed 26 compliance assessments into pre-porting verification rules.

Other telco compliance activities

We started 5 investigations into telco compliance with:

  • the Complaints Handling Standard (one)
  • Telecommunications (Consumer Protection & Service Standards) Act 1999 (TCPSS Act) rules on complying with the Telecommunications Industry Ombudsman (TIO) scheme (3)
  • TCPSS Act rules on joining the TIO scheme (one).

We finalised 7 investigations into telco compliance with the TIO scheme and one into whether a telco joined the scheme. We also completed one investigation into TCP Code rules on billing accuracy.

We began 8 compliance assessments into telco compliance with:

  • Customer Service Guarantee (CSG) performance benchmarks (3)
  • Payphone performance benchmarks (one)
  • TCPSS Act rules on joining the TIO scheme (4).

We completed 12 compliance assessments into telco compliance with:

  • the Emergency Call Service Determination (one)
  • CSG performance benchmarks (3)
  • Complaints Handling Standard (one)
  • TCPSS Act rules on complying with the TIO scheme (one)
  • TCPSS Act rules on joining the TIO scheme (4)
  • Mobile Premium Services Code rules on customer verification (one)
  • Payphone performance benchmarks (one).

Completed compliance activities

Figure 1

Finalised investigations and enforcement actions

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Provider* Details Provisions investigated Enforcement outcome

Provisions of the Telecommunications Act and the TCPSS Act

Unnamed provider*

(7 investigations)

 

TCPSS Act – compliance with the TIO scheme.

  • Subsection 101(1) and subclause 1(1) of Schedule 2 to the Telecommunications Act – failing to comply with the TIO scheme as required by section 132 of the TCPSS Act.

 

Breach finding for 7 investigations.

 

Enforcement action being considered.

Unnamed provider*

TCPSS Act – join the TIO scheme.

  • Subsection 101(1) and subclause 1(1) of Schedule 2 to the Telecommunications Act – failing to join the TIO scheme as required by section 128 of the TCPSS Act.

 

Breach finding.

 

Provider obtained TIO membership – no enforcement action taken.

 

Provisions of the Telecommunications Consumer Protections Code

Telstra Corporation Limited

TCP Code – billing accuracy.

  • Clause 5.5.1 of the TCP Code – failing to comply with the requirement to provide, verify and demonstrate billing accuracy.

Direction to comply with clause 5.5.1 of the TCP Code.

* The ACMA does not generally publish the names of entities that have not been found in breach. This includes where enforcement actions have not been finalised or published.

Statutory Infrastructure Provider (SIP) register

The SIP register is a national public register listing the names of all SIPs and their service areas.

The SIP regime commenced on 1 July 2020. Our role is to maintain the SIP register and monitor and enforce compliance with SIP obligations.

At 30 September 2020, 19 SIPs were listed on the register.

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