Consumer Consultation in Australia

1. Consumer Consultation in Australia Ms Teresa Corbin Executive Director Consumers’ Telecommunications Network Prepared for ACMA International Training Program 2006

2. About CTN • The Consumers’ Telecommunications Network (CTN) is an independent non-profit community-based organisation in Australia. Established in 1989. • We are an umbrella organisation with a membership of over 100 peak consumer bodies and individuals directly representing more than one million residential consumers in Australia. • CTN is dedicated to representing the interests of residential consumers to improve the accessibility, availability and affordability of telecommunications products and services. • CTN is an association member organisation of the Communications Alliance previously known as the Australian Communications Industry Forum (ACIF). ACMA International Training Program 2006

3. Members • Pensioners & superannuants • Low income consumers • Families with children • People with disabilities • Women’s groups • Rural & remote consumers • Indigenous Australians • Deaf consumers • People from non English speaking backgrounds • Individual members ACMA International Training Program 2006

4. Vision That all Australians will have equitable, accessible and affordable telecommunications. ACMA International Training Program 2006

5. Mission To understand telecommunications needs and issues and, on behalf of residential consumers represent these needs and issues to government and industry to achieve better outcomes. ACMA International Training Program 2006

6. Role • Advocate for inclusive processes so that consumer participation is optimised • Raise awareness of consumer views • Represent consumer interests in industry, regulatory, community, academic, research and standards setting forums ACMA International Training Program 2006

7. Priorities Working towards access and equity in the digital age Maintaining interoperability & quality of service levels Optimising informed choice in an open competitive market Achieving a balance between consumer & shareholder interests Supporting consumer participation in decision making Ensuring consumers have access to free and fair dispute resolution mechanisms ACMA International Training Program 2006

8. Representation • Parliament (Minister, MPs, Senate Inquiries) • Government - Department of Communications (DCITA) • Australian Communications & Media Authority (ACMA) • Australian Competition & Consumer Commission (ACCC) • Standards Australia • Telecommunications Industry Ombudsman (TIO) • Telephone Information Services Standards Council (TISSC) • Communications Alliance Board • Australian Communications Industry Forum (ACIF) • Privacy Commission • Human Rights & Equal Opportunity Commission (HREOC) • Australian Regulatory Protection & Nuclear Safety Agency (ARPANSA) • Service Provider Consumer Councils (Telstra & Optus) • International standards meetings e.g. the Global Standards Collaboration GSC

9. Consumer Participation ACMA International Training Program 2006

10. In the last funded period 1 October 2005 – 30 June 2006 CTN completed the following: • Contributed and tracked over 25 different regulatory and self regulatory reviews and inquiries completely in addition over 24 written submissions. • CTN represented consumers at over 30 ACIF bodies including - working committees, working groups, reference panels and advisory Councils including the Consumer Council for over 80 meetings. • Represented Consumers on 6 ACMA committees and for 12 meetings and ad hoc consultations. ACMA International Training Program 2006

11. Consultation Mechanisms • Policy Development through CTN’s network of volunteers and member organisations • CTN Council Portfolios • Consumer Forums and Advocacy Training • Publishing Quarterly Newsletter, weekly Web News • Producing Policy and Discussion papers • Maintaining a Website at www.ctn.org.au • Facilitating Discussion Forums • Hosting an Annual Conference & Seminars • Co-ordination through a small Secretariat in Sydney with a paid staff of five people • Consumer Driven Research Projects

12. Why Consumer Involvement ? • Consumers participating in regulation can ensure that potential concern to end-users can be taken into account and adequately addressed. • Concerns may include access, affordability, availability, health, safety, performance, quality, reliability, environmental protection, ease-of-use, backwards compatibility and interoperability. • End-user contributions improve the likelihood of the successful marketability of a product. ACMA International Training Program 2006

13. Principles Underpinning Consultation • Valuing end-user Contributions • Mutual Respect • Inclusiveness • Accessibility • Clarity of understanding • Transparency & Accountability • Responsibility • Continual Review & Evaluation ACMA International Training Program 2006

14. Consultation in Australia • Formal consultation processes are integrated into the self-regulatory framework created by the Australian Telecommunications Act 1997 • CTN has had 16 years experience of informing and consulting with residential users • Consultation at the earliest possible stage is essential if undesirable outcomes are to be avoided and/or addressed • CTN representatives are involved in committees drafting standards, guidelines and industry codes. • CTN actively consults with government, regulators and industry representatives in order to get better outcomes for consumers.

15. Resourcing Consultation • The Australian Telecommunications Act 1997 established a grants program for consumer advocacy and research funded by a levy drawn from carrier license fees. Applications are sort annually via a competitive tender process. CTN has received core funding for nearly 8 years. • Representatives on the Australian Communications Industry Forum (ACIF) Consumer Council and the Disability Council receive sitting fees from this fund. ACIF also funds travel & accommodation for its consumer representatives on committees and councils. • ACMA pays for travel on its representative committees but no sitting fees. ACMA has in the past also funded specific projects and research. (e.g CTN international project) • Telstra and Optus pay for travel and sitting fees for its consumer consultative groups • ACMA will now also be able to fund consumer code development through additional levies on industry

16. Consultative Bodies • ACMA Consumer Consultative Forum • ACMA Committees • ACIF Consumer Council • ACIF Reference Panels & Working Committees • ACCC Consumer Consultative Council • TIO Council • TISSC Council • Standards Australia Council • Telstra Consumer Consultative Council • Optus Consumer Liaison Forum • ARPANSA Electromagnetic Emissions Health Reference Group ACMA International Training Program 2006

17. Different Bodies – Different Roles • ACMA Consumer Consultative Council Provides a forum to consult on regulatory issues particularly research. Consumer education, Quality of Service reporting, consumer protection and enforcement and compliance. Often more reactive. • ACIF Consumer Council Provides a proactive forum to co-ordinate all the consumer participation in ACIF and work directly with industry to resolve consumer issues through self-regulatory mechanisms. • Telstra & Optus Consumer Councils Provides a carrier specific forum for consultation on product and service development and also to assist in fulfilling some carrier license conditions. ACMA International Training Program 2006

18. Self Regulation The Communications Alliance (CA) previously known as Australian Communications Industry Forum (ACIF) facilitates industry self-regulation through the development of voluntary codes and standards. The name ACIF has been retained to refer to the section of the CA work which will continue to produce self-regulatory outputs. ACMA International Training Program 2006

19. CTN represents consumers @ ACIF : • Consumer Codes of Practice • Technical Standards • Disability Standards • Network & Operations Codes & Guidelines • Industry Guidelines • Consumer Information campaigns ACMA International Training Program 2006

20. ACIF Consumer Consultation Framework • 3 elected user representatives on ACIF Board • Consumer Council (previously 9 representatives from different consumer sectors) • Disability Council (9 Representatives from different disability peak organisations) • Consumer Representation all Reference Panels • Consumer Representation on relevant working committees drafting technical standards, industry codes and guidelines • Consumer Rep. on Convergence Group ACMA International Training Program 2006

21. In the period 1 October 2005 – 30 June 2006 CTN contributed to development of: • 10 ACIF code reviews • 1 new ACIF code • 3 ACIF Standards • 1 Industry Scheme • 1 ACIF Guide • Signed 6 certificates of mandatory consultation ACMA International Training Program 2006

22. ACIF Consumer Council Some Sectors Represented: Rural & remote consumers Business Users Small enterprise users Ethnic Communities Older Consumers People with Disabilities Internet users Residential consumers ACMA International Training Program 2006

23. ACIF Disability Council Some Sectors Represented: Deaf Consumers People with Physical Disabilities People with Hearing Impairment Women with Disabilities Blind Citizens ACMA International Training Program 2006

24. ACIF Reference Panels Consumer Issues Reference Panel 1 consumer representative (also the Deputy Chair); 1 small business user representative Operations Reference Panel 1 consumer representative, 1 business user representative Customer equipment and Cabling Reference Panel 1 consumer representative Network Reference Panel 1 consumer representative ACMA International Training Program 2006

25. 2006 Consumer Representation @ ACIF • Caller Number Display Code Review • Priority Assistance Industry Code • VoIP Working Committee • Call Charging & Billing Accuracy Industry Code • Mobile Telephone Terminals Standards Review • Cordless Customer Equipment Standards Review • Convergence Group • Financial Hardship Guide Review • Billing Industry Code Review • Integrated Public Number Database Code Work soon to begin: • Telecommunications Consumer Protection Code (Single Consumer Code) ACMA International Training Program 2006

26. 2005 Consumer Representation @ ACIF • Customer Transfer Industry Code Review • Accessibility Features Information Code • VoIP Information for Providers leaflet • Credit Management Code Review • Mobile Acoustic Safety Standard • Local Number Portability Code Review • Life Threatening & Unwelcome Calls Code Review • Mobile Messaging Working Group • Connect Outstanding Industry Code ACMA International Training Program 2006

27. Past Consumer Representation @ ACIF • Consumer Contracts Code Review • End-to end Network Performance Code • Complaints Handling Code • Mobile Number Portability Code • Prices, Terms & conditions Industry Code • Disability Standard ACMA International Training Program 2006

28. “Consumer Driven Communications Project” • Objective:To improve the effectiveness of consumer input and influence to the regulation and governance of the communications industry. CDC Project was funded by the Communications Regulator (ACA) ACMA International Training Program 2006

29. Main Themes from CDC Project • Consumer seek workable regulation and effective enforcement in the telecommunications industry to ensure that consumers get the products and services they need in an environment with adequate safeguards • Regulatory bodies must offer consumer representatives avenues of early input into regulatory and code development and revision processes • Appropriate funding of the consumer sector is essential in achieving the required level of input • A comprehensive training and mentoring program is needed to broaden and strengthen the pool of consumer advocates • The consumer sector can strengthen its voice and the effectiveness of its advocacy by improving the co-ordination of advocacy (wherever possible) • Consumers believe that the telecommunications industry will be enhanced by broadening and strengthening effective consumer participation in communications policy development

30. ‘Authoring’ Policy Solution Implementation Participate Consult Advocate Monitoring Consumer Driven Problem Research Feedback Raise Awareness Audit Complaint Regulatory Review Representational Cycle

31. The Regulatory Pyramid L.A.W. Standards Industry-wide Enforced codes Formal but voluntary Competition can work Sometimes we need educating We live in communities Most people do what is right

32. UN Consumer Rights • The Right to Safety • The Right to be Informed • The Right to Choose • The Right to be Heard • The Right to Satisfaction • The Right to Education • The Right to Redress • The Right to a Healthy Environment ACMA International Training Program 2006

33. Reviewing Consultation • 2004 ACIF Review leads to procedural improvements • 2005 Government funded Review of Consultation • 2006 Moving to 2nd Generation Consumer Participation OUTCOMES for ACIF> • Smaller Consumer Council (9 members) • Consumer Participation Framework Adopted • Charter Implemented • Better co-ordination and use of resources – including consumer driven research • Consumer Register established ACMA International Training Program 2006

34. ACIF modelling ‘Best Practice” • Public forum at the outset to inform all stakeholders including consumers, suppliers and regulators of issues and objectives; • Strict timeframe for completion of public comment draft and final publication • Equal representation of consumer and supplier representatives on the development working committee • Independent chair (not a supplier or consumer representative) • Independent professional draftsperson • Provision of daily sitting fee, transport and accommodation costs for consumer representatives • resources for consumer representatives to liaise with each other during the code development via teleconferencing • assistance for consumer representatives to consult with wider constituencies. ACMA International Training Program 2006

35. Consumer Participation Framework • The ACIF Consumer Participation Framework outlines the principles and operations for consumer organisation participation in ACIF. • Existing ACIF Shared Values –: • Teamwork • Leadership • Respect • Impartiality • Integrity • Passion for outcomes ACMA International Training Program 2006

36. ACIF Consumer Charter • Partnership • A commitment by stakeholders to shared responsibility for the quality of consumer participation and the outcomes achieved. • Valuing all contributions and acknowledging wider partnership between ACIF, consumers and industry, regulators and governments. • Mutual Accountability • Accountability of the partners to each other; • Accountability of consumer representatives to their constituency; • Accountability of industry representatives to their constituency. • Quality outcomes • Commitment to quality outcomes which further consumer interests, research and fact-based advice. ACMA International Training Program 2006

37. ACIF Consumer Charter • Efficiency • Commitment to furthering the consumer interest using resources efficiently – time, labour and cost. • Avoiding duplication in stakeholders’ effort. • Partnering with external stakeholders to promote efficiency and quality outcomes. Commitment to a process of ongoing review and evaluation. • Accessibility • Commitment to inclusiveness and ensuring processes are accessible for all stakeholders. • Ongoing Awareness • Commitment to promote awareness of the Charter to all participants in ACIF ACMA International Training Program 2006

38. Consumer Representatives • The most valuable outcome of raised consumer awareness would be a greater level of participation by consumer volunteers • How do we do this ? • Engage on issues they care about !! ACMA International Training Program 2006

39. Hot Issues 2006 • VoIP (CTN current research & ACIF Work) • Do Not Call Register • Bad Debts Default Listing • Telecommunications Protection Code (otherwise referred to as Single Consumer Code) • Complaints Handling • Payphones • Mobile Content Services • Consumer Consultation ACMA International Training Program 2006

40. Hot Issues 2006 • Broadband Access • Impact of T3 • Free Directory Assistance 1223 • CDMA Roll-back 13. Phishing, scams, spam, spyware 14. Access to Content 15. Consumer Education 16. Indigenous Community Access to Services ACMA International Training Program 2006

41. Portfolios • Rural, Regional & Remote (includes CDMA Roll back) • Disability Issues • Emergency Services • Next Generation Networks & Internet Access (broadband roll-out & VoIP) • Mobiles & Wireless Services (SMS & MMS) • Issues for Senior Consumers • Affordability & Issues for Low Income Consumers • Universal Service Obligation (STS & CSG) • Issues for Indigenous Consumers • Multicultural Diversity issues • Competition & Privatisation • Consumer Consultation • Issues for Women • Consumer Education (Customer Information & Directory Assistance) • Complaints HandlingPrivacy (Telemarketing,Do not Call Register) • Payphones • Issues for Children & Young Consumers • Self Regulation (includes Single Consumer Code) • Technical Standards & Safety • Phishing, scams, spam, spyware, malware • Access to Content

42. Previous Campaigns • Universal Service • Untimed Local Calls • Free Directory Assistance • Access for Rural & Remote Consumers • Access for People with Disabilities • Consumer Participation • Unfair & Misleading Contracts • Financial Hardship • Privatisation of Telstra • Emergency Service Provision ACMA International Training Program 2006

43. Other Current Issues • Quality of Service • industry accountability & compliance • billing • credit management • selling practices • competition policy • call centres and telephone queues • digital divide/digital dividend issues • directory providers • equipment standards setting • privacy • National Numbering Plan ACMA International Training Program 2006

44. Emerging Technologies • Wireless techologies • M-commerce • Next generation networks • RFID Tags • Security online (scams/viruses/hackers) • IP Television • Instant Messaging • Australia Post Regulation ACMA International Training Program 2006

45. Expanding Scope New consumer issues will arise as new content services, applications, wireless, digital and broadcasting technologies begin to have more widespread impact on consumers ACMA International Training Program 2006

46. Consumer expectations CTN’S plays a role in gauging consumer expectations: • More than just consumer information • Adequate Safety Nets • Robust consumer protection • Enforceable regulation • Strong regulator • Security to try and buy new products and services ACMA International Training Program 2006

47. Recent CTN Submissions TIO Review Consumer Submission in August 2006: http://www.tio.com.au/TIOReview/TIOreviewmain.htm Available On CTN Website: http://www.ctn.org.au/content.cfm?ContentType=Content&ContentID=154 2006 May: CTN Submission to the QoS-Based VoIP Service Interconnectivity Discussion Paper. May:  CTN Submission to the Backing Indigenous Ability Discussion Paper. April:  CTN Submission to Customer Service Guarantee Changes Discussion Paper. April:  CTN Submission to Improving Identity Check Processes for Pre-paid Mobile Services Discussion Paper. February: CTN (Joint) Submission to ACMA Consumer Consultative Forum. February: CTN Submission to Reimbursement of Costs of Development of Consumer-Related Industry Codes Discussion paper. February:  CTN Submission to Spam Act 2003 Review Issues Paper. January: CTN Submission to Mobile Premium Services Code of Practice. January:  CTN Submission to the Broadband Connect and Clever Networks Discussion Papers. January:  CTN Submission to Mobile Connect Discussion Paper.

48. Recent CTN Submissions Available On CTN Website: http://www.ctn.org.au/content.cfm?ContentType=Content&ContentID=154 2005 November:  CTN Submission to Introduction of a Do Not Call Register Possible Australian model Discussion Paper. September: CTN Submission to the Inquiry into the Transition to Full Private Ownership of Telstra, Amendments to the Telecommunications, Future Proofing & Other Related Bills. September: CTN Submission to the Metropolitan Broadband Blackspots Program Discussion Paper. April: CTN Submission to the Inquiry into the Performance of the Australian Telecommunications Regulatory Regime. March: CTN Submisssion to Regulatory Issues Associated with Provision of Voice Services Using Internet Protocol in Australia Discussion Paper.

49. More resources Subscribe to CTN Weekly Web News & Quarterly Newsletter www.ctn.org.au CTN Hot Topics http://www.ctn.org.au/content.cfm CTN Latest Research CTN Consumer Research - Expectations and Experiences with Voice Over Internet Protocol (VoIP), March 2006http://www.ctn.org.au/content.cfm?Live=1&ContentType=Content&ContentID=201 ACIF Consumer Participation Documents: http://www.acif.org.au/ACIF_documents/Consumer_Participation ACA Consumer Driven Communications Project http://www.acma.gov.au/ACMAINTER.524610:STANDARD::pc=PC_1661 ACMA International Training Program 2006

50. Contact Consumers’ Telecommunications Network Unit 2, 524-532 Parramatta Rd, Petersham NSW 2049 www.ctn.org.au ctn@ctn.org.au Telephone: +61 2 9572 6007 Fax: +61 2 9572 6014 TTY: +61 2 9572 6047 ACMA International Training Program 2006