Stuart Corner
Friday, 27 October 2006 08:59
Opinion and Analysis
Page 2 of 3
So what did he do about it? He wrote to the Internet Industry Assocation (IIA), the peak industry body for ISPs. He said he had asked that organisation "to make clear to its members these concerns about broadband advertising and remind them of their obligations under the Trade Practices Act."
And this request came with a warning: "Those who fail to take note of this warning will find themselves the target of enforcement action by the ACCC."
So did these words strike fear of retribution into the hearts of errant ISPs and cause them to change their ways? Not one bit, or we would not be seeing Groundhog Day from the ACCC on this one.
The CEO of the IIA, Peter Coroneos, told me at the time that: "The ACCC has written to us asking us to advice our ISPs that they are investigating this area and where they believe the performance of a service is not consistent with what has been advertised there is potential a breach of Sections 52 and 53 of the Trade Practices and they are prepared to take enforcement action."
He said the IIA intended to do no more than pass this information on to its members. "We have simply notified members that the ACCC is doing this and it is a matter for them to ensure they comply.... It is not our job to ensure that the industry complies with the law."
However he added: "I would fully expect that our members would be focusing on this issue to ensure that they are being transparent in what they are offering...The last thing we want is unhappy consumers who turn off broadband because they feel they are not getting what they have paid for."
