About Peter Moon

Peter Moon is a commercial lawyer with 20 years experience in the tech and telco industries.
Author Archive | Peter Moon

Telstra fined for Do Not Call breaches

do-not-call
Telstra has paid a $101,200 infringement notice for telemarketing to numbers on the Do Not Call Register more than 30 days after they were registered.

ACMA announced its biggest scalp yet under the new law, following an investigation into calls made by an offshore call centre on behalf of Telstra.  Inexplicably, Telstra allowed illegal calls to continue after ACMA had raised concerns based on several complaints.

“The investigation found that inadequate compliance systems, procedures and supervision had contributed to calls being made to numbers on the Register where the consumers were not existing Telstra customers.”

Telstra may be the biggest Do Not Call catch so far for ACMA, but it’s not the record penalty payer.  That ‘honour’ belongs to Dodo at $147,400.

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A taxing time for carriers

calculatorIf you hold (or recently held) a communications carrier licence, 28 September 2009 is a key date.  That’s the last day for filing an Eligible Revenue Return (‘ERR’) with the Australian Communications and Media Authority (‘ACMA’).

The ERR has a key purpose:  To determine what proportion of the national communications subsidy the client will be required to fund.

It’s a very specialised return and carriers have to get it right … and get it in on time.  No extension is possible.

Telecommunications law expert Peter Moon explains this unique regime.

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Saving legal costs: DIY ‘discovery’

Law BooksIt’s a sad fact of life that ISPs and telcos sometimes end up in court cases.  The saddest fact of all is the legal bill that’s usually involved.

From a lawyer’s perspective, there’s a lot that clients can do to save time and money.  We’ll look at some key strategies in this series of posts.

Today, let’s look at the legal process of ‘discovery’, and why it needn’t add a small fortune to the bill.

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Optus toughens up mobile contract

optus-5a

Last December Optus incurred customer wrath, effectively torpedoing mobile access to cheap international VoIP services by charging them at international rates. 

At the time, Optus insisted that:

International calls within the meaning of your Optus Mobile Standard Form of Agreement for all Timeless and Cap plans includes calls that re-route or divert to international numbers.

CSP Central asked Optus to tell us where the SFoA said that.  We couldn’t be sure – because the document is a confused mish-mash – but as far as we could tell it said no such thing.

Apparently Optus didn’t feel too sure of its grounds, either.  So it has bolted on a powerful, unbalanced  new contract term that is sure to attract the interest of consumer regulators who have unfair contract terms legislation in their armory.  Today, that’s only Victoria.  On 1 January 2010, it will be every Australian State and Territory, and the ACCC.

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ACCC hauls Optus into Federal Court

phone-cardIn the latest action in its war on trade practices non-compliance in the telco sector, ACCC has taken Federal Court action against a wholly owned subsidiary of Optus Mobile Pty Ltd.

Prepaid Services Pty Ltd supplies phone cards that are resold by an independent company Boost Tel Pty Ltd

ACCC alleges that Prepaid and Boost were involved in false advertising.

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Component pricing seminar notes available

funnytel-2-smallSeminar notes from today’s popular ‘Component Pricing Law’ seminar at Logie-Smith Lanyon Lawyers are now available for download.

Delivered in our trademark style … plain english guaranteed … the seminar offered practical and expert insights into living harmoniously with the new trade practices law.

We’ll offer a repeat session soon … keep watching.

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FunnyTel introduces unit pricing in new mega-value FAT plans

1180827_double_cheeseburgerComms industry leader FunnyTel today announced its ground-breaking FAT plans. 

No stranger to innovation – FunnyTel was Australia’s first ISP to introduce the random number billing that has since proved so popular with Telstra management – the FAT plans include Australia’s first internet unit pricing scheme.

‘We read about the Government’s idea for unit pricing with groceries,’ says FunnyTel spokesman Chad Blake.  ‘And we thought “This makes sense.”  Why should customers pay for an 80 gigs download allowance and not know exactly how many P2P movies they’ll get for their dough ?’

‘We’re actually thinking of applying to the ACCC for an award for this,’ said Blake.  ‘Our 2 New Hollywood Releases a Night’ plan is a revolution in truth-in-advertising.  ‘And that’s A-FACT !’ says Blake with a cheeky wink.

We asked Chad if he thought that other market leaders like iiNet would adopt the system. 
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Consumer Bill’s bonkers bit

960307_crazy_facesThere’s an element in the proposed national unfair contract terms law that:

It makes no sense.  It’s bananas.  And the Explanatory Memorandum that accompanies the Bill admits as much.

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National consumer law Bill hits Parliament

accc-kickOn 24 June 2009, the Government introduced the Australian Consumer Law Bill into Parliament.  It represents the biggest shake up of Australian consumer law in a long time.

From 1 January 2010, the Government intends that we’ll have a national unfair contract terms law.  ACCC will have power to demand that advertisers positively substantiate any claims they make.  And there’ll be new penalties, enforcement powers and options for compensating consumers.

Stay tuned to CSP Central for plenty of news and expert commentary about the new law.  We already have some detailed comments on one misconceived part of the drafting.

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Component pricing law seminar announced

plain-english-2-midOn 21 July 2009 CSP Central contributors Victor Ng and Peter Moon will be conducting a masterclass in understanding and complying with the new component pricing law.

Victor says that the seminar will explain the law as it applies to ISPs, telcos and other industries.  ‘This law applies over almost all retailing in Australia,’ says Victor.  ‘So every business needs to be across it.’  Victor and Peter both specialise in plain english explanations, so this will be an ideal chance for business people to learn these important new rules.

Bookings are free but places are limited.  There are only so many people who can fit into the Logie-Smith Lanyon board room :-)

Here’s the seminar flyer.

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