ACA prepares legal action against 30 ISPs

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13 October 2000 03:00 PM
Tags: isp, ombudsman, aca, watchdog, case, telecommunications industry, join, hearing
The Australian Communications Authority is preparing to take legal action against as many as 30 Internet Service Providers in matters involving the Telecommunications Industry Ombudsman, the Federal Court heard Friday.

The ACA's plans were mentioned during a hearing before Justice Matthews. The hearing involved two separate cases where ISPs have been charged with not joining the consumer complaints watchdog TIO.

Cases involving Albury Local Internet and Viper Communications both highlight a possible conflict between the legislation that empowers the Ombudsman, and confusion between the company called Telecommunications Industry Ombudsman Limited and the watchdog scheme all ISPs in Australia are required to join.

Justice Matthews asked ACA representatives if there were any further such cases in the legal system. Barrister John Griffiths replied that there were "30 in the pipeline" and that these may be commenced "sooner or later".

The ACA was unavailable to provide further comment on the nature of future cases for this story.

Legislation in section 128 (3) of the Telecommunications Consumer Protection and Service Standards Act, says ISPs are required to join the scheme, as operated by the TIOL. Operator of Albury Local Internet, Ross Wheeler has told ZDNet Australia that his ISP would otherwise join the scheme, but that he balked at watchdog membership forms requiring ISPs to become part of the company Telecommunications Industry Ombudsman Limited.

A hearing to deal with the preliminary question of law raised by these cases has been set for June 27.

See also TIO cases question watchdog's legal status

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