Reconnecting the Customer Summit

3 August 2011

Stakeholder Feedback Report

On 3 August 2011 over 80 participants including consumers, consumer advocates, industry representatives, TIO representatives, government representatives and ACCAN and ACMA staff attended a Reconnecting the Customer Summit to provide feedback about the ACMA Reconnecting the Customer (RTC) Proposals.

Below is a list of participants’ questions, comments on things they like, comments on things they didn’t like and a selection of points raised during the roundtables discussions. We thank the Australian Communications and Media Authority (ACMA) for the opportunity to provide this as additional input into the RTC Inquiry for consideration in the drafting of the final RTC report.


PARTICIPANT QUESTIONS

1.  Has ACMA ever enforced mandatory code? (Jane Hutchison)

2.  But why wait for a new code to do more investigating? (David Havyatt)

3.  Why can’t codes just be varied, rather than having to completely revise and re-submit a new code? (Chris Connolly, UNSW)

4.  How will consumers without internet access or who lack English or literacy skills access spend management tools? (Adrianne Walters – Top End Women’s Legal Service)

5.  Text message notifications telling consumers they are at 50%, 75% or 100% (or at any other point) must advise them of the cost of data, calls & SMS outside of the plan. (Adrianne Walkers – Top End Women’s Legal Service)

6.  The large size of the telco industry has been spoken about in terms of the difficulties in regulating the industry. What mechanisms exist to regulate which companies become telcos in the first place? The lack of compliance & number of complaints would suggest this needs to be more tightly controlled. (Adrianne Walters – Top End Women’s Legal Service)

7.  Q to John Stanton:
Would the notification of 50% & 80% of usage be an extra charge to the consumer if they do not opt out? (Elaine Armstrong CWAA)

8.  Expenditure Management tools - These concepts require literate, sophisticated consumers - is more necessary for disadvantaged consumers. Who bears responsibility? (Denis Nelthorpe)

9.  What was the demographic of those surveyed in RTC? (Karen Gribbin – Kempsey NC)

10.  Has consideration been given to the accessibility of the language used in unit pricing proposals? The current terms – stated rate + effective rate are not readily understandable and may be inaccessible to a large portion of telecommunications consumers, particularly vulnerable consumers including: CALD, Indigenous elderly, young people, etc. (Lauren Walker NTLAC)

11.  Community Legal services & Legal Aid Commissions spend significant resources on making legal info available in languages other than English and in a culturally sensitive manner. These services deal with problems largely after they arise. As a method of primary prevention of such problems, telcos should be obligated to provide info/disclosures about services in languages other than English and in an accessible manner. (Adrianne Walters – Top End Women’s Legal Service)

12.  Rather than asking people if they thought they understood, did you do research on whether they really did. (1/2 means more didn’t understand than claimed) (David Havyatt)

13.  I need the ACMA to explain how they think a standard or other instrument is better. (David Havyatt)

14.  It may be a different issue to RTC focus, however an issue for people who have complex communication needs is the difficulty in connecting to businesses and government when phoning. If you have a physical disability and can’t speak easily it can be hard when you cannot directly speak with a “real person” and have to answer predetermined choices only on pre recorded messages. Hard to do this using NRS too. NOTE: This would be relevant when making complaints. (Harriet Korner – AGOSCI)

15.  Can the complexity of pre recorded messages be regulated, so it can’t involve too long before being put through to a live real person? (Harriet Korner – AGOSCI)

16.  Can there be a requirement (regulation) that all contracts and information about them need to meet “Plain English” guidelines so information is clear and can be easily understood. (Harriet Korner – AGOSCI)

17.  How will code be advertised to the general consumer? (Jane Hutchison)

18.  How can we better help consumers to identify what their needs, current and future are? (Ian Jarratt Queensland Consumers Association)

19.  What potential do the proposed charges have to lead to higher consumer prices? (Dave Lee, NSW Farmers)

20.  What can be done about access to remote communities that have inadequate coverage.
There is a problem with product sold to those who cannot access service. (Karen Gribbin – Kempsey NC)

21.  In regional & remote areas, there is a lack of true competition with the provision of telecommunications. Even with the proposed reforms, the lack of competition removes the motivation to focus on services most appropriate to consumers there is no threat of a consumer going elsewhere. Even where a consumer complains they lack any real power because ultimately they will depend on that service provider for their telecommunications needs. The drivers for effective self regulation do not exist, to the same extent as they do in urban settings.
How has the inquiry addressed this issue & how will the proposals benefit consumers in RRR settings? (Adrianne Walters Top End Women’s Legal Service)

22.  Is an industry standard being considered regarding the procedures and behaviours expected when telcos and ISPs deal with vulnerable customers? (Lauren Walker NTLAC)

23.  Reliance on website information makes information vital to customers inaccessible to people without ready & reliable internet access. In particular, internet access in remote communities in the NT is not prevalent. What other means of provision of this information is being considered? (Lauren Walker NTLAC)

24.  Can the TCP code include a requirement that telcos and ISPs have a call back service/function to enable customers to minimize the cost of proving complaints/resolving issues? (Lauren Walker NTLAC)

25.  The customer service experience also includes contact with debt collectors acting on behalf of telcos and ISPs. Has the inquiry and the review of the TCP considered the conduct of these debt collectors as agents of telcos? Problems include collecting statute barred debts, collecting debts in dispute, contacting clients with advocates, etc. (Lauren Walker NTLAC)

26.  The remote sector really needs a dedicated Telecommunications advocate. Who? How? (IRCA insufficiently resourced). (Linda Chellew, IRCA)

27.  How are mobile calls on a smart phone operating on a wireless network charged? Data?
(Linda Chellew, IRCA)

28.  A USO is needed to ensure remote people have access to mobile phone services, (currently few networks). (Linda Chellew, IRCA)

29.  Can ACMA or ACCAN commission research into Telecommunications needs of remote living Australians? (Linda Chellew, IRCA)

30.  Who will do the research for Remote Indigenous Sector? (Linda Chellew, IRCA)

31.  What is being done to educate the Aboriginal Communities to understand Telco contracts and door to door sales by Telcos? Laymen term advertisements? More awareness through media? (Mike Kirkness – Lifeline Cairns)

32.  Why not measure industry performance by consumer surveys and not just “complaints” statistics? (Ian Jarrett, Queensland Consumer Association)

33.  Why can’t a more competitive marketplace occur where Telcos do not sell products with fixed period contracts (12 or 24 months) but are only allowed to offer competitive prices paid monthly – where the consumer can change their provider at any time without exit fees? (Harriet Korner AGOSCI)

34.  Why can’t compliance with the new Industry code be compulsory & compliance with it a necessary precondition to being registered as a telco? (Adrianne Walters – Top End Women’s Legal Service)

35.  What can we do to amend Telecommunications Act and when? (Sue Salthouse)

36.  Q for CA: Why doesn’t anyone sign the codes? After months of work developing the code, why does the industry then ignore it/fail to sign it? Maybe we should have mandatory standards instead. (Chris Connolly UNSW)

37.  If you say that codes aren’t always the answer: Will ACMA look beyond compliance of code towards how the provider trains staff in implementation? (Karen Gribbin – Kempsey NC)

38.  Considering they are over 1000 providers why were only 20 of the largest suppliers chosen? (Karen Gribbin – Kempsey NC)

39.  Will the credit assessment provisions of the TCP be strengthened in the new code? In the NT, particularly in remote Aboriginal communities those are regularly breached. (Lauren Walker NTLAC)

40.  Will code require details of how to complain? (David Havyatt)

41.  Q to John Stanton: How will the industry deal with “clever” marketing – new forms? (Denis Nelthorpe)

42.  Can infringement notices be made public? (Jane Hutchison)

43.  How can we get uniformity within industry in the definition of “what is a complaint?” (Ian Jarrett, Queensland Consumers Association)

44.  What is missing is regulation of equipments to ensure maximum use of telecommunication services and products. A significant focus has been on the codes for services. What of the equipment? USO requires voice calls to be accessible to all equipment. Likewise for VOIP & SMS but not video calls, why? (Kyle Miers)

45.  Remote consumers (language speakers) need access to an awareness service ie “CHOICE” that can review and disclose best value communication packages by region and broadcast this appropriately. Who to fund? (Linda IRCA)

46.  Consumer education! What to fund this? Who to deliver this? Indigenous remote Comms Association for remote sector. (Linda IRCA)

47.  Need for local/regional complaints, support for remote Indigenous comms product consumers. (Linda IRCA)

48.  In the NT, several rogue traders sell mobile contracts without being able to provide coverage (particularly in remote Aboriginal communities in the NT). Will this practice be explicitly prohibited under the new TCP? Alternatively, telcos should have to guarantee coverage prior to offering a contract. (Lauren Walker NTLAC)

49.  Possible to mandate unit pricing for all telcos be available on one website? (Lisa McQuilken, Deakin University)

50.  Sell a $1,000 prepaid no extra charges consumers would buy. (Denis Nelthorpe)

THINGS PARTICIPANTS LIKE ABOUT THE RTC

1.  Great to hear mention of cultural, linguistic and literacy barriers. Especially culture as this is often sidelined. Go Marianna! (Jenni Gough FECCA)

2.  Support the move towards clear plain language. (Jenni Gough FECCA)

3.  Agree that “comparison price” is more useful than “unit price”. Well said Ian. (Chris Connolly UNSW)

4.  I agreed with everything David Lawson & Marianna Minhinnick said. As a financial counsellor from a large Indigenous community everything stated rang true. (Karen Gribbin – Kempsey NC)

5.  12 pt size – this is supported. Important for all advertising. (Darryl Sellwood ACE)

6.  On behalf of older people one of the major concerns is when they ring a call centre, either to complain or seek advice they have great trouble with the language being spoken from call centres. (M. Bird)

7.  Agree with Denis Nelthorpe’s proposal about right to renegotiate a contract where bill shock occurs within first 2 months because consumer has not understood terms of contract it is not appropriate to that consumer’s needs. (Adrianne Walters – Top End Women’s Legal Service)

8.  Controlling the use of “capped” & unlimited to ensure that they are not misleading is excellent but we want to ensure that any misleading terms are monitored and controlled. (Rob Garrett)

9.  Very impressed with the positive response by John Stanton (Comms Alliance) to the recommendations in the RTC report and the changes in the TCP code, well done. (Rob Garrett)

10.  Industry standards are more consumer friendly provide better protection. (Jane Hutchison)

11.  Good distinction between how well “complaint handling” is understood but “customer service” isn’t. Is an important distinction (David Havyatt)

12.  ACMA evidence is existing code works if the ACMA investigates, as you would expect. (David Havyatt)

13.  I liked the research used by the ACMA, contrasts with lack of research by industry. (David Havyatt)

THINGS PARTICIPANTS DON’T LIKE ABOUT THE RTC

1.  Calling a service provider for technical assistance/billing enquiries or to make a complaint should be a free call. 1800 and 1300 numbers should also be free calls as they are from landlines. (Adrianne Walters – Top End Women’s Legal Service)

2.  ACMA lawyer continues misrepresentation of the ACMA co-regulators approach as if it is self-regulation. (David Havyatt)

3.  My recent experience in purchasing a “sim card” to access data on my ipad was that I was not provided clear information about this. With new technologies clearer information is needed. Also, I have no idea at this stage how much data I will need to access on a monthly or yearly basis. (Harriet Korner – AGOSCI)

4.  Why can’t there be more pre paid options? This is so much simpler and would reduce bill shock problems. I think it would be good to improve the options with pre paid. (Harriet Korner – AGOSCI)

5.  Service providers need to ensure the accessibility of information associated with plans and the flexibility of plans, as access to mobile phones plays a major role in both independence and socialising for people with complex communication needs. (Georgia Cranko – AAC Voice)

6.  Poor PowerPoint slides design – visually difficult to read. (Darryl Sellwood)

7.  Don’t accept that 48 hours should be the maximum in the TCP code for how up to date data usage warnings are. 1-2 hours would be acceptable. (Chris Connolly UNSW)

8.  Regardless of what plan exists there must be notification as you get close to the limit, whatever that via SMS or email if it is data. (Rob Garrett)

9.  Data restriction for 48 hours – CA’s proposal. Many people with disability rely on data for communication, and it restricted, they do not have other means for effective communication (Kyle Miers)

10.  Prepaid as a spend management solution for bill shock. Too simplistic a solution. Post paid plans are marketed as “better value” and “free” phones are included – this is attractive to lower income consumers. (Michelle RLC)

11.  I am not able to check my data usage when using emails on my phone easily. It would be good to get this feedback on my phone, rather than having to phone Optus. (Georgia Cranko, AAC Voice)