Telcos failed to comply with code | ACMA

Telcos failed to comply with code

signing an agreement

The Australian Communications and Media Authority has directed six service providers to comply with the Telecommunications Consumer Protections Code (the Code).

The six telcos failed to lodge compliance documents by 1 April 2015 with Communications Compliance (CommCom), as required annually under Chapter Nine of the Code. These providers also failed to lodge documentation with CommCom in a previous year.

The six providers are:

  • AussieSim Pty Ltd
  • Btel Communications Pty Ltd
  • Datawave Internet Pty Ltd
  • Golden IT Pty Ltd
  • Harbour of Technology Pty Ltd
  • MVoice Pty Ltd.

‘The ACMA will continue to ensure industry participants work within industry “accountability measures”, so we will take action (such as issuing directions) if necessary,’ said ACMA Chairman, Chris Chapman.

On a more positive note, in May 2015 CommCom announced that 391 telcos had lodged the required documentation for 2015, compared to 331 lodgers in 2014 and 225 in 2013.

‘While the ACMA won’t be tolerating repeat instances of non-compliance, I’m obviously very pleased to see a general trend of greater compliance over the past few years and reduced complaints to the Telecommunications Industry Ombudsman,’ Mr Chapman said.

In September this year, the ACMA issued formal warnings to the 25 providers which, for the first time, failed to lodge documents with CommCom.

For more information or to arrange an interview, please contact: Emma Rossi, Media Manager, (02) 9334 7719, 0434 652 063 or

Media release 50/2015 - 8 October


CommCom is an independent body established under the TCP Code on 1 September 2012 to oversee the Compliance Framework set out at Chapter Nine of the Code. The framework requires telcos to promote code awareness, lodge annual compliance documents, prepare and maintain a Compliance Plan and, on the request of CommCom, prepare Compliance Achievement Plans.

The Code Compliance Framework encourages industry to take responsibility for its own compliance with the Code’s consumer protection rules.

Each telco that provides services to consumers under the TCP Code must provide two documents to CommCom annually by 1 April:

  • 1. A Customer Information Compliance Statement that sets out where customers can access information required to be made publically available under the code. This information includes Critical Information Summaries, Financial Hardship and Complaint Handling Policies.
  • 2. A Compliance Attestation that is a document endorsed by the CEO or a senior manager, confirming that it complies with the Code and has a Compliance Plan in place that meets Australian Standards. Large telcos must have this statement independently assessed.

The ACMA takes a staged approach to those providers who fail to lodge documents with CommCom.

Since the TCP Code was registered in September 2012, the ACMA has conducted many targeted TCP Code compliance audits and investigations resulting in:

  • 178 formal warnings
  • 35 directions to comply
  • 1 infringement notice

Last updated: 07 October 2015