ISP threatens Telstra with civil action on broadband pricing

South Australian based Internet provider, Internode Systems, has lashed out at Telstra over its newly adjusted wholesale broadband prices, saying they may take civil action against the telecommunications heavyweight for loss of income if the prices aren't fairly adjusted within the next few weeks.

The managing director of Internode, Simon Hackett, said the price-cut made to Telstra's wholesale fees was "trivial", leaving many of the competing Internet providers still at a loss in trying to match the carrier's recently-reduced retail prices.

"The net effect was to reduce our costs by AU$2 per customer. We needed at least a AU$12 reduction to restore our profits to the correct margin," said Hackett, adding "Telstra produced the perception that the problem had been fixed but it hasn't. The move was a token gesture."

Telstra's new wholesale broadband prices came into effect last Thursday following protests from its wholesale customers that the company was offering some broadband connections cheaper to its retail customers than to its wholesale patrons.

The Australian consumer watchdog, the Australian Competition and Consumer Commission (ACCC), has been investigating Telstra's pricing schemes since the announcement of its discount entry-level broadband retail prices last month, and Hackett says they are not done with Telstra yet.

"If you own the road then it's illegal for you to block others access to it," said Hackett, adding that he has faith the ACCC will produce a fair outcome.

Hackett said the last time Telstra was reprimanded for competition breaches in 2001 the broadband market was not large to provoke a legal response. However, he says, now there are many more broadband dealers who have a lot to lose over the company's alleged misconduct.

"This time around, if the ACCC issue notice that Telstra is in breach of competition rules we are retaining the option to take up a civil case for compensation," said Hackett.

If the case goes ahead, Hackett says Internode will be seeking compensation for lost monies as from the day the entry-level BigPond retail deals came into effect, adding he believes the company has a reasonable chance for success.

"If they fix it in the next few weeks then there won't be much to compensate but last time it took 18 months. The stakes are higher now, we have our business to lose," said Hackett.

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Talkback 4 comments

    Lots of broadband ISP's have b ...Anonymous -- 03/03/04

    Lots of broadband ISP's have been undercutting BigPond's retail plans over the past few years - evidently this is 'fair' - Listen to them cry monopoly when BigPond cut the price of their retail plans. Now they want their profit margins restored, no doubt so they can start a fresh round of undercutting. I've got to say though, that their cheapest broadband plan ($30) comes with an unusable amount of download - wait for the complaints from those who go over and get charged for excess bandwidth usage!

    I don't think you quite get it ...Anonymous -- 03/03/04

    I don't think you quite get it Canberran Software Engineer - ISP's have been able to undercut Telstra in the past because of the natural price difference between Telstra wholesale and Telstra retail. The smaller ISP's who were cheaper were simply operating on a lower profit margin. Telstra's ideology on the other hand, has been to always work on the largest profit margin possible.

    I fail to understand firstly h ...Anonymous -- 03/03/04

    I fail to understand firstly how the Governemtn was able to sell the country's telecommunication infrastructure (paid for by Taxpayer dollars) in the first place, secondly, with the Government as a 51% shareholder in Telstra, I don't understand why they can't see there's an obvious conflict of interest with Telstra owning the infrastructure and playing at being an ISP (I say playing because previous experience has shown me that Telstra is amateurish when it comes to providing internet services). IMHO the Government should resume the infrastructure and turn it over to an independant regulatory authority.
    Can you imagine the uproar if Qantas owned all the airports and was able to charge competing airlines for use of the facilities? But a similar scenario with Telstra goes unchallenged?

    I just don't get it....hang on, yes I do. It's called spineless Government and probable bribery.

    No its more like a pump and du ...Anonymous -- 04/03/04

    No its more like a pump and dump. Uncompetitive Australian telecomunications, Telstra running at a 35% margin (even when they throw away hundreds of millions of dollars on pie in the sky schemes) whilst 51% Government owned. Competitive Australian telecommunications with changes in legislation after Telstra sold and running at a 5% margin (a globally competitve rate - it will happen)and when the make stupid investment blunders making a loss per share.

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