[LINK] NBNCo Breach results in a belting with a feather duster

Wed Jun 3 11:32:19 AEST 2020

NBN Co must pay TPG, Canberra VDSL2 users for disconnection notice bungle
https://www.itnews.com.au/news/nbn-co-must-pay-tpg-canberra-vdsl2-users-for-disconnection-notice-bungle-548857

NBN Co misled Canberra consumers about needing to move to the NBN
https://www.accc.gov.au/media-release/nbn-co-misled-canberra-consumers-about-needing-to-move-to-the-nbn

On the one hand it's good to see action at last.

On the other hand, the absence of any meaningful penalty means that 
there's no deterrent against such breaches by NBNCo or anyone else.

It seems more like an open invitation to organisations to breach the 
law.  That's because:
(a)  the chances of attracting the attention of a resource-limited
      regulator are pretty low;  and
(b)  the costs are limited to reparations, and hence a rational
      company can see a net profit from breaking the law, even if
      they get caught out.

It was particularly galling that the blunder (if that's what it was) was 
committed in relation to domestic premises as late as the first half of 
2019.

In July *2018*, I drew the same errors in relation to business premises 
to the attention of NBNCo's Exec GM, Business Sales and Marketing, Ben 
Salmon.  He replied, but vacuously.  To me, that's indicative of an 
intention to flout the law.

See the email exchange below.

-----Original Message-----
From: Roger Clarke [mailto:Roger.Clarke at xamax.com.au]
Sent: Thursday, 26 July 2018 4:00 PM
To: Ben Salmon <BenSalmon at nbnco.com.au>
Subject: Re: 'Your business is ready to be connected'

Dear Exec Assistant to Ben Salmon

Emails to Ben.Salmon at nbn.com.au and ceo at nbn.com.au bounced.

I then emailed to Ben.Salmon at nbnco.com.au, ceo at nbnco.com.au.
The ceo address bounced.

However - apparent success - the Ben.Salmon one didn't.

A copy is below.

I'd greatly appreciate an acknowledgement of receipt (and a substantive 
response in due course).

I appreciate that your standard practice may well be to send 
acknowledgements of receipt, but given the uncertainties involved with 
email-addresses, this one's particularly important.

Many thanks  ...  Roger Clarke

______________________________

Mr Ben Salmon
Executive General Manager
Business Sales and Marketing
NBNCo
100 Arthur St
North Sydney  NSW  2060

Dear Ben

On 25 July 2018, I received a letter from you, addressed "To the 
manager", and bearing the date 18 July 2018, reference Location ID: 
LOC000111875787.

It declares to me that "Your business is ready to be connected".  As 
will be apparent from what follows, that catchphrase may be appealing to 
a marketing consultancy or a PR person, but it's quite wrong, both for 
my business and, I'm sure, for many others that receive the letter.

Your letter informs me that "Most existing landline phone and internet 
[sic] networks in your area will be disconnected from 17 January 1920".
It is then vague about whether my services are affected by that stipulation.

Your letter and the accompanying brochure refer to "landline" multiple 
times, although there is also a mention of "copper" on p.5 of the brochure.

As far as I could see, nothing on the NBNCo web-site, including the 
FAQs, provides any meaningful assistance with the uncertainties created 
by your letter.
I eventually found small-print on p.9 of the brochure, which refers to 
"landline networks, including copper and the majority of HFC networks 
within the fixed line footprint" and says "fibre networks ... may not be 
affected".

1.  It would be helpful to recipients if your letter contained the 
correct date, which is 25 January 2020 (i.e. both the day and the year 
were wrong).

2.  It would be helpful to recipients, if your letter wasn't vague about 
whether any landlines to the identified Location will or will not (under 
current arrangements) be disconnected on the relevant date.

3.  It would be helpful to recipients if your letter explained quite 
specifically what "landline" means in their particular context.

3.1  Does 'landline' include the coax cables used by both Telstra and 
Optus to support their (originally) PayTV service?  (To NBNCo or a 
telecomms engineer, "HFC networks" may mean the same thing, but your 
letter is addressed to managers of mostly small businesses).

3.2  Does 'landline' include the coax cables used for many years by 
TransACT/iiNet/TPG to deliver a VDSL/2 service in many parts of Canberra?
The Location in question lies within the TransACT footprint, so 
presumably everyone who uses the TransACT service has received or will 
receive the same letter, and has been or will be left wondering what it 
actually means.

It's particularly confusing given that:
(a)  TransACT users have copper running from the nearest node to their 
premises, which appears to be included within the "landline networks, 
including copper" that you say will be "disconnected";  and
(b)  TransACT users already have a VDSL2 modem, but they see on pp.8-9 
that they will need ... a VDSL2 modem.

3.3  Does it include fixed-wireless services, particularly those *not* 
run by NBNCo?

It's completely inadequate to attempt, as your letter and brochure do, 
to deflect these questions to the incumbent ISP and other retailers.
This is all basic information, NBNCo knows the answers, and you, on 
behalf of your company, have an obligation to provide that information 
to the organisations and individuals you send this notification to.

Would you please provide meaningful responses to the above questions, in 
writing, either via email reply-to, or by snail-mail.

Thank you for your consideration

Roger Clarke

-------- Forwarded Message --------
Subject: RE: 'Your business is ready to be connected'
Date: Thu, 26 Jul 2018 06:58:23 +0000
From: Ben Salmon <BenSalmon at nbnco.com.au>
To: Roger Clarke <Roger.Clarke at xamax.com.au>

Hi Roger,

Thanks for your note.  I apologise for the incorrect date in your letter 
- I'll certainly look into this to understand how that happened and how 
to prevent it in future.

Our reason for directing enquiries to retail service providers is that 
nbn has limited information about individual end-users or their retail 
services.

Thank you.

Ben

-- 
Roger Clarke                            mailto:Roger.Clarke at xamax.com.au
T: +61 2 6288 6916   http://www.xamax.com.au  http://www.rogerclarke.com

Xamax Consultancy Pty Ltd      78 Sidaway St, Chapman ACT 2611 AUSTRALIA 

Visiting Professor in the Faculty of Law            University of N.S.W.
Visiting Professor in Computer Science    Australian National University