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[Roger Clarke]

ACMA cold on revised customer service code
James Hutchinson
Apr 18, 2012 12:55 PM (19 hours ago)
http://www.itnews.com.au/News/297432,acma-cold-on-revised-customer-service-code.aspx

Regulator threatens direct intervention.

The telco industry has entered last-ditch negotiations with the 
communications regulator in an bid to gain approval for a revised 
customer service code it hopes to enact by August.

The code was revised in response to an 18-month inquiry by 
the Australian Communications and Media Authority, Reconnecting the 
Customer, that sought answers on spiralling complaint levels from 
telco customers.

It was submitted to the ACMA for registration in February. However, 
the ACMA has so far declined to register the revised code over 
concerns that it does not meet all recommendations laid out by the 
inquiry.

Communications Alliance CEO John Stanton yesterday revealed further 
amendments to the revised code had come about as a result of 
discussions with the ACMA, consumer groups and the competition 
watchdog during February and March.

These included:
*   Strengthening a proposed Communications Compliance body that is 
to oversee adherence to the code.
*   More prominent display of unit pricing, including in fixed-line 
broadband plans (the ACMA had called for unit prices for two-minute 
calls, SMS messages and a megabyte of data).
*   Adoption of a standardised summary of information for plans. (the 
ACMA had wanted telcos to publish a "Plan Essentials" document 
summarising the details of all plans offered to consumers).

Stanton said the industry code had entereda new round of redrafting 
and would now move to a final round of consideration this week.

The ACMA's decision to reject or accept the industry code is expected 
"imminently."

"There is now no rational reason... why we shouldn't be able to get 
the code registered by the ACMA and set about delivering to consumers 
the benefits that that code can bring," Stanton told the Commsday 
Summit in Sydney this week.

"It is really time for a Sistine Chapel moment - it is not time to 
look upwards at the depiction of the outstretched hand of God 
touching Adam and say, 'You know what, I'd like to change one 
brushstroke in God's index finger'.

"Rather, it's time to take ten steps backwards into the Navel chapel, 
look up, take in the big picture, wink at Michelangelo and say, 'Well 
done son. Let's take it to the people'."

The code still has a chance of failing the ACMA's approval process, 
however, with the watchdog's chairman Chris Chapman indicating there 
were several major flaws in the revised code.

Chapman said the industry body had shown "assiduous dedication" in 
revamping the code but that attempts to revise key areas marked for 
improvement - such as advertising, pre-sales information and 
expenditure usage tools - had been "less impressive".

"My view, without pre-empting the decision of the authority, is that 
[Communications Alliance] has made a good fist at meeting the 
principles of the Australian standard and in this aspect of the code 
and, if registered, would make a valuable contribution to customer 
satisfaction in the event of a problem," he said.

But, he said, several areas still "do not shape up".

Chapman told iTnews that that the regulator could choose to register 
the code in July for the compliance period to begin on August 1 but 
optimally wanted the code to begin as soon as possible.

Shadow of direct regulation

Should the code ultimately be rejected, even on relatively minor 
grounds, the ACMA would move to directly regulate the 
telecommunications industry, ending attempts and increasing calls 
from the industry to allow for co-regulation in customer service 
standards.

The imposition of direct standards would come as a win for the 
Australian Communications Consumer Action Network, the chief 
executive of which voted against the February version of the code.

A spokeswoman for the organisation said that the body was "in no way 
'ideologically opposed' to co-regulation", as was suggested by 
Stanton during his Commsday Summit speech, but that it would only 
work with appropriate enforcement.

"It is not possible for ACCAN to vote 'yes' to parts of the Code and 
'no' to others, where we can see they do not meet the ACMA's 
requirements - any more than it is possible for the ACMA to register 
parts of the revised TCP Code and not others," they said.

"Ultimately, we were as disappointed as any of the parties involved 
that the TCP Code fell so short of what was required of it by the 
regulator."

Chapman said he was not against co-regulation but the industry must 
show it was capable of achieving that standard.

Updated 2.50pm: Clarified position of ACCAN in voting against 
February version of the TCP code.


-- 
Roger Clarke                                 http://www.rogerclarke.com/
			            
Xamax Consultancy Pty Ltd      78 Sidaway St, Chapman ACT 2611 AUSTRALIA
                    Tel: +61 2 6288 1472, and 6288 6916
mailto:Roger.Clarke at xamax.com.au                http://www.xamax.com.au/

Visiting Professor in the Faculty of Law               University of NSW
Visiting Professor in Computer Science    Australian National University