ACMA issues ByteCard compliance warning

Canberra ISP ByteCard has received  a formal warning from ACMA for failing to comply with the TIO Scheme.

The warning comes after disputes were alleged to have remained unresolved, as a consequence of this ISP’s refusal to comply with the TIO Scheme.

According to ACMA:

The TIO referred this matter to ACMA because 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.

ACMA’s power to direct compliance

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

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

Eligible carriage service providers are defined by s127 as:

(a) a carriage service provider who supplies:

(i) a standard telephone service, where any of the customers are residential customers or small business customers; or

(ii) a public mobile telecommunications service; or

(iii) a carriage service that enables end users to access the Internet; or

(b) a carriage service intermediary who arranges for the supply of a service referred to in subparagraph (a)(i), (ii) or (iii).

In this instance, ACMA’s formal warning came about because of the alleged failure of ByteCard (who is an eligible carriage service provider) to comply withe TIO Scheme in breach of Part 6 of the Act.

We have previously examined issues with the TIO Scheme and frustrations that some CSPs encounter, but the law is the law, unless a CSP is exempt (under s129) they must comply with their obligations under Part 6.