TIO Annual Report 2005/06

Systemic complaints investigations procedure

Systemic issues affect not only the individual complainant, but also a wider group of consumers with similar experiences. In May 2006, the TIO’s Constitution was amended to formalise the TIO’s powers to investigate complaints that illuminate potential systemic issues. This process will be an ever more important element in the TIO’s active approach to complaint resolution.

The TIO conducted 10 systemic complaints in 2005/06. Two notable issues were dealt with during the year. The first related to DSLAMs – an emergent piece of infrastructure used by carriage service providers to allow access to ADSL services via their own networks. A number of carriage service providers have installed DSLAMs in telephone exchanges, with a view to rolling the technology out further.

After complaints from Primus customers after it migrated them to its DSLAM network, the TIO investigated a number of problems. While Primus agreed to resolve the complaints that were the subject of the systemic complaint, a number of outstanding issues remained. These issues illuminated further problems associated with the migration of Primus customers to its DSLAM network - as well as, more broadly, the operation of DSLAM networks across the industry.

Pursuant to its Constitution, the TIO referred its outstanding concerns about Primus to ACMA. It also advised ACIF’s Operations Reference Panel, whose job it is to consider issues related to network migration, about the need to protect consumers from a range of potentially detrimental consequences associated with migration of DSLAM networks.

The second notable issue related to Adam Internet’s decision to charge consumers a disconnection fee, when those consumers chose to leave Adam Internet for an alternative ISP after Adam increased its prices. This complaint was the first time the TIO had considered a systemic breach of the Consumer Contracts Code, which was first registered in 2005. The code promises to be useful in resolving complaints about unfair contract terms.

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