In an embarrassing gaffe, the Australian Communications Authority has issued a warning to an Internet Service Provider that, technically, doesn't exist.
As one of five ISPs warned by the ACA for failure to join the Telecommunications Industry Ombudsman scheme, Mark Russell, who operates Sydney Internet service Viper Communications (www.viper.net.au) was nominated as one of five facing possible fines up to $10 million - for failure to join the industry watchdog scheme.
However when the ACA issued Mark Russell with a warning over his company's failure to join the TIO scheme it stated his company as Vipernet (Vipernet.com.au) - a Victorian Web design company that has no association with Russell. The Victorian company does not offer ISP services, it specialises in Web design and management.
All Australian ISPs are required by law to join the TIO scheme, however a number of ISPs have objected to the scheme, maintaining that it is costly and unnecessary. Under the TIO scheme, ISPs are charged the cost of TIO investigations if customers make a complaint about their service.
An angry Russell says that the gaffe has shaken his confidence in the scheme and its ability to regulate ISPs, he now believes that he would rather close his business than join.
"Because of their previous mistakes, I still have objections to joining," he stated. "It would be bad business practice to let someone who has a record of making such mistakes to bill me money. I'll let them take me to court and I'll let the court decide and if the Federal Court does direct me to join then I will close up shop."
Earlier in the week the TIO made changes to its payment schemes in an attempt to reduce the financial burden on ISPs, however according to Russell the TIO scheme is still unnecessary. Russell said that he feels that the TIO scheme adds an unreasonable burden to the cost of running an ISP.
"I'm a small one man business, I've got lots of competition in the industry - I don't think that there is any need for the TIO scheme, if my customers have a complaint then they can take me to consumer affairs."
Since being notified of the mistake the ACA has withdrawn Vipernet's name from a press release it posted on its Web site.
According to ACA Authority member, Esther Alter, after the mistake was found the notice was withdrawn but another warning will be issued soon.
"There was a mix up in our department, and the notice has been withdrawn. We will be proceeding to correctly name the person shortly."
Alter also noted that all Australian ISPs should be members of the TIO scheme and that if the others named do not comply soon that they will end up in court.
"I hope that the 4 other ISPs will join otherwise they will be facing court action," she stated.
