Brief

Telstra has paid a $394,380 penalty after failing to conduct required internet speed tests for over 3,800 customers migrating to the NBN. The failures, caused by IT system issues between 2022 and 2023, resulted in some customers being overcharged and others not being informed about slower-than-promised speeds.

Telstra Limited (Telstra) has paid a $394,380 penalty for failing to make required internet line speed checks while migrating customers from legacy networks to the NBN.

An Australian Communications and Media Authority (ACMA) investigation found Telstra failed to undertake more than 3,800 tests to confirm whether the speed of a customer’s new NBN connection could provide the speed specified in the contracted plan.

Telstra had self-reported these failings to the ACMA, which were caused by IT system issues from early 2022 to the end of 2023.

Under NBN migration rules, when a telco connects a new NBN service which still partially relies on the copper network, such as fibre to the curb or node connections, it must undertake maximum attainable speed testing within 20 working days.

ACMA Chair Nerida O’Loughlin said consumers were entitled to expect internet speeds to be able to meet those advertised in their NBN plans.

“Maximum speed testing of new NBN services remains important, because customers should be getting what they’re paying for,” Ms O’Loughlin said.

“These are some of the last services to be migrated across from the old copper network to the NBN, so there are no excuses for Telstra not to get it right.”

Where testing shows connection speeds cannot meet those advertised in a customer’s plan, telcos must notify the customer within five working days and let them know they are entitled to move to a lower tier plan at a lower price or exit the contract without cost.

The investigation also found Telstra failed to notify a customer of underperforming NBN speeds on 34 occasions after testing had been carried out and charged 157 customers for an NBN service before notifying them about the slow speeds. Telstra also experienced system issues resulting in delayed refunds on 12 occasions to customers who had elected to downgrade or disconnect their plan.

“Telstra’s customers agreed to accept a refund and were then left in the lurch due to its internal errors,” Ms O’Loughlin said.

“Too often we see telcos’ internal systems and processes being blamed for bad consumer outcomes. Telcos need to invest in and oversee their internal systems so that they comply with the rules.”

Telstra advised that it has undertaken an end-to-end review of its maximum speed testing processes and taken action to address the identified system issues.

Highlights content goes here...

Purpose:

The penalty aims to enforce compliance with NBN migration rules, ensuring consumers receive the internet speeds they pay for and are properly informed of any discrepancies.

Effects on Industry:

  • Increased accountability for telcos to ensure compliance with NBN migration regulations.
  • Potential reputational damage for Telstra and heightened scrutiny on telcos’ internal system management.
  • Stricter oversight of speed testing obligations and consumer notification requirements.

Relevant Stakeholders:

  • Telstra and other telecommunications providers migrating customers to the NBN.
  • Consumers impacted by slow or misrepresented internet speeds.
  • ACMA, which enforces NBN compliance rules.
  • NBN Co, which manages the infrastructure transition from legacy networks.

Next Steps:

  • Telstra has conducted an internal review and implemented system improvements to prevent future failures.
  • ACMA may increase regulatory scrutiny and enforcement actions against telcos failing to meet NBN compliance requirements.
  • Consumers are encouraged to verify their internet speeds and report discrepancies to ACMA.

Any Other Relevant Information:

This penalty follows a trend of regulatory actions aimed at holding telcos accountable for NBN migration failures. With most copper-to-NBN migrations now complete, compliance expectations are higher, and further lapses may lead to more severe penalties.

Australian Communications and Media Authority (ACMA)

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