Subject of complaint not an eligible carriage service provider

The TIO can only receive complaints by end-users of carriage services against eligible carriage service providers. Complaints that are not against the eligible carriage service provider, or where there is no direct relationship between the complainant and the carriage service provider that ultimately supplies the service, fall outside the TIO's jurisdiction. For example, the TIO cannot investigate complaints against Internet cafes by café patrons as Internet cafes are exempted from the definition of an eligible Carriage Service Provider and are therefore not required to be members of the TIO.

Similarly, the TIO cannot investigate complaints by hotel guests about the phone systems at hotels or motels, including charging, structure, quality of service, and lack of service provider choice. These matters lie outside the jurisdiction of the TIO as a hotel or motel is not an eligible carriage service provider as described in the Telecommunications Act 1997. Moreover, the end-user in these cases has no direct relationship with the eligible carriage service provider that ultimately supplies the service.

Complaints against hotels and internet cafes are usually referred to the relevant Department of Fair Trading or Consumer Affairs.

In the past, the TIO has also received complaints by prisoners about the phone systems at prisons. As a prison is not an eligible Carriage Service Provider as described in the Telecommunications Act 1997, and as the prisoner has no direct relationship with the relevant carriage service provider (the prison does), the TIO cannot pursue such complaints.

Complaints about prison phones are usually referred to the relevant statutory Ombudsman.