UPDATE: Aust ISPs in legal limbo for four months over modem

By Andrew Colley
29 August 2003 01:40 PM
Tags: internet, telstra, adsl, isp, service, d-link, netcomm, provider
Modem manufacturer D-Link had been distributing one of its ADSL modems to some of Telstra's largest wholesale customers without the carrier's interoperability certification for around four months.

Many ISPs have been bundling D-Link's DSL-302G Ethernet USB modem into their service offerings since its release late April, even though the manufacturer had not until this morning attained Telstra's certification that the device was compliant with its network interoperability standard IP1149.

"The D-Link DSL-302G modem is not currently certified for connection to the Telstra ADSL network," said the carrier as part of a prepared statement received by ZDNet Australia on the matter at around 3.40 pm yesterday.

D-Link told ZDNet Australia earlier this week that it had deliberately not sought Telstra's certification for the device, considering it an unnecessary step that would contradict its distribution strategy.

"Whether we decide for our interests to certify them to Telstra IP1149 or not is no-one's issue, it's not a legal requirement," said D-Link Australia business development manager, Australia and New Zealand, Graeme Reardon talking to ZDNet Australia Wednesday adding contradictorily: "even though we have in this particular case".

Another apparent contradiction appears in a press release located on D-Link's Web site dated April 28 2003 announcing the release of the DSL-302G. Certainly at the time D-Link felt it necessary to inform its customers that the modem was "approved" by Telstra. D-Link listed one of the features for the modem as: "Telstra Approved - ISP Approved".

However, despite all this, the company has pulled all stops to get the DSL-302G certified and listed by Telstra.

Nigel Glennie, Telstra Public Affairs, today advised ZDNet Australia that the carrier had received documents from D-Link early this morning requesting Telstra certification for the modem. Telstra granted D-Link's request and added the modem to its schedule of certified customer equipment early today.

Telstra maintains the list of equipment certified interoperable with its network at its Web site. While the D-Link DSL-302G was not listed on the site late yesterday the modem's model number now been added to the site.

ZDNet Australia contacted Reardon for comment today. He issued a firm no comment and reiterated that D-Link Australia had chosen not to seek Telstra's certification for the DSL-302G for "its own reasons".

It appears that Telstra and D-Link's views on the modem had originally diverged when it came to the definition of 'certified': D-Link believed that certification occurs after Comtest -- an independent lab Telstra has authorised to conduct testing on its behalf -- passes the modem through its labs; Telstra took the view that it happened after it has evaluated those test results and viewed declarations by the company concerning issues such as the modem's chipset and capabilities.

Still, D-Link Australia angrily disputed Telstra's view Wednesday. At the time D-Link claimed that merely having obtained test results from Comtest's lab was sufficient for the DSL-302G to be deemed Telstra-certified.

Comtest clarified the matter for ZDNet Australia indicating that while devices may be submitted to its labs for testing, it is not authorised to make judgements about the results.

"On the issue of Telstra interoperability, Comtest does not certify a product. Comtest only provides a test report relating to the product tested," said Greg Caspar, director of Comtest.

Still, when ZDNet Australia  repeated Telstra's view during enquiries with the modem manufacturer's customer OzEmail Wednesday, D-Link demanded we retract them for their benefit.

Reardon did concede Wednesday that certification was recommended to allow ISPs to gain more confidence in the integrity of the equipment.

However, at the time he claimed that the manufacturer deliberately avoided attaining a place on the Telstra's schedule of certified ADSL equipment in order to avoid generating too much demand for the modems in the retail market.

"I don't want the entire general channel to know about this product because I can't supply it to the general channel yet. I only have enough stock availability to supply it to select ISPs such as OzEmail," he said at the time adding:

"I don't want the mums and dads on the street going into somewhere like Harvey Norman or Harris Technology looking for this product because they've seen it on Telstra's Web site".

Some industry observers were sceptical about Reardon's reasoning and one retailer that ZDNet Australia spoke to described it as "obscene". Others questioned why the manufacturer took the step of spending up to AU$20,000 in securing Comtest's service if it had no intention of submitting the results to Telstra for certification.

While Reardon maintained that D-link did not want to sell DSL 302G's to "mums and dads" at Harvey Norman and Harris Technology, both those stores sell the modem to their retail customers along with a broad range of non-ISP affiliated equipment vendors.

ZDNet Australiacontacted Harvey Norman, Harris Technology and a number of smaller resellers and found no evidence of special conditions attached to reselling the modem.

Telstra yesterday manoeuvred to distance itself from the situation, avoiding making direct comments on any impact that the use of non-Telstra equipment may have had on the legal position of its wholesale customers. However it did remind modem manufacturers and ISPs of the importance of adhering to its certification procedures.

The carrier yesterday said the "process [was] necessary to ensure end-users have access to the quality of broadband services and superior technical support expected from Telstra".

However ZDNet Australia   has obtained documents indicating that ISPs that authorise use of non-Telstra certified customer equipment could be in breach of Telstra's wholesale ADSL service contract. The contract states:

"The Customer must ensure that Non Telstra Equipment connected to the [DSL Service] at the End User side of the Network Boundary only, has passed Telstra's interoperability tests."

Netcomm claims that it was advised by Telstra that ISPs could be exposed to breach of contract claims by the carrier if they connect non-certified modems to its ADSL network. Furthermore, Netcomm said that the vast majority of ISPs consider the certification mandatory when issuing tender requests for modems.

D-Link has captured a significant part of the DSL market, largely owing to distribution deals with ISPs. OzEmail, Pacific Internet and TPG Internet actively incorporate the DSL-302G into their products. OzEmail bundles the modem into services it sells through its retail partner Harvey Norman.

Also, well-placed sources alleged that Optus had been looking favourably on the unit during a limited tender for DSL network equipment it is currently considering.

Opinions on the importance of Telstra's certification among ISPs and retailers that ZDNet Australia spoke to were divided.

Harvey Norman director, John Slacksmith, said the retailer would be concerned if modems sold through the retailer had not been certified as compatible with Telstra's network. However, Pacific Internet technical spokesperson Lee de Souza said that while it considered the certification preferable it was by no means mandatory.

"If a customer is using a modem that we haven't provided we'll still support them...we still want that customer online, we still want to work with them," he said.

According to de Souza, as long as Telstra remains willing to carry out checks on equipment at its exchange while the non-certified modems were in use, the ISP had no concerns about using the non-Telstra certified modems.

Telstra refused to comment on whether the unit had been a source of grief for Bigpond ADSL customers and again sought to remove itself from the issue.

The carrier said Wednesday it was "not Telstra's place to comment on [the] equipment" as, at the time, it had not certified the product as one that it would interoperate with its ADSL network.

However, Pacific Internet's de Souza conceded that the device had been the source of a notable number of calls to its technical support service. He said the modem locks up for "no real reason".

de Souza said Pacific Internet is currently testing a beta version of new firmware for the DSL-302G designed to address the problem.

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Talkback 7 comments

    Why all the fuss... The D-Link ...Anonymous -- 29/08/03

    Why all the fuss...
    The D-Link 302G is listed on Telstra's web site via the liked in this article
    D-Link ADSL Modem - DSL 302G

    I am with Pacific and have got ...Anonymous -- 29/08/03

    I am with Pacific and have got one of those modems. I can tell you that every few hours, the modem does indeed lock up. I find it very frustrating and hope that the new Firmware does resolve this issue. Now that I know that it seems to be a widespread problem, maybe it is time I consider asking for a refund from the manufacturer who led me to believe that it would work without any trouble.

    According to Telstra's own sit ...Anonymous -- 29/08/03

    According to Telstra's own site, with its list of 'OK' DSL products the D-Link ADSL Modem - DSL 302G is OK. It is on their list. So, what is the problem, or does this whole article now have no weight at all.

    I have one of those modems too ...Anonymous -- 30/08/03

    I have one of those modems too. My experience shows that it locks up when using the USB port to communicate through it. The Ethernet port, on the other hand, works fine. However, I am not sure how clean it is managing the Ethernet interface through, most of that gets cleaned up by the OS and the host network interface.

    There has never been any requi ...Keith Styles -- 30/08/03

    There has never been any requirement for modems to comply with International or any other protocol standard. NOTE: I said PROTOCOL not ELECTRICAL. It's nice if they do of course! Comtest and others provide testing to ensure a product complies with Electrical Safety Standards and any other technical standards required for interoperability with the Australian POTS network.
    Thousands of modems have been produced over the years which have had protocol problems and T(H)elstra has never insisted on any requirement for them to comply. They have the power to disconnect them if they cause network problems. They have in fact installed 1000's of modems which have had problems and have been field modified to ensure they work in accordance with International as well as local standards.
    To claim a modem has been ceritified by T(H)elstra does not mean it fully complies with any standards. T(H)elstra is no longer the agency responsible for authorizing equipment compliance. That is the responsibility of the ACA. It simply means the product worked and was safe to connect, when it was submitted for testing. It may subsequently fail or even be modified by newer firmware and fail. There is no requirement for a manufacturer to resubmit for compliance testing once it has received certification from either the ACA, Comtest or T(H)elstra. Everyone would like to think there is, but in fact there IS NOT, if the manufacturer decides to ignore the requirement. The entire process is one of trust!!! not enforcement. It is not T(H)elstras responsibility to ensure a modem works, even if they have listed it as approved. They never have! If they provide it, they will usually endeavour to make it work, but over time a product may fail & if it is no longer covered by warranty...You are on your own. The situation outlined in your article is not surprising, it tends to be the norm!!! Commodity products like modems are manufactured to a price not a gold standard, which is a fact of life in todays' world not withstanding the best efforts of the ACCC or any other enforcement agency.

    After my experences with the o ...Phil dGraves -- 30/08/03

    After my experences with the origional D-Link DSL-300 losing sync with the exchange every few hours and now reading that the 300G locks up i'm starting to think D-Link are incapable of building a modem that works, I ended up dumping the DSL-300 and buying a DtayTek and went from not being able to hold a connection for a single day with DSL-300 to 20 days uptime on a single connection with the DrayTek.

    Lift your game D-Link.

    I've had a DSL-302G operating ...Anonymous -- 01/09/03

    I've had a DSL-302G operating for the past 33 days. During that time it has had to be reset once, when the wiring and cables to and from the machine it's connected to were tidied up. Since then it's been connected continuously. 7 days 5 hrs 18 minutes at time of writing.

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