Formal Warning under subsection 122(2) of
the Telecommunications Act 1997

TO: Lycamobile Pty Ltd (ACN139 717 212)

OF:Unit 47, 2 O’Connell Street, Paramatta NSW 2150

Attention: Christopher Tooley, Director

I, Jennifer McNeill, delegate of the Australian Communications and Media Authority (theACMA), hereby issue a formal warning in respect of the Telecommunications Consumer Protections Code C628:2012 (TCP Code 2012)to Lycamobile Pty Ltd (ACN139 717 212) (Lycamobile), being satisfied thatLycamobile:

a)has contravened clause 6.4.1 of the Telecommunications Consumer Protections Code C628:2007(TCP Code 2007); and

b)has contravened clause 5.5.1 of the TCP Code 2012as described below.

Details of the contraventions

  1. The ACMA has investigated Lycamobile’s compliance withclause 6.4.1 of the TCP Code 2007(the original code) and clause 5.5.1 of the TCP Code 2012 (the replacement code).As a carriage service provider, Lycamobile is a participant in the section of the telecommunications industry to which both the TCP Code 2007 applied and the TCP Code 2012 applies.
  2. Both clause 6.4.1 of the TCP Code 2007 and clause 5.5.1 of the TCP Code 2012 require a supplier to be able to verify and demonstrate billing accuracy except in certain specified circumstances where the inaccuracy is caused by persons other than a director, employee or agent of the Supplier or where a matter is beyond the Supplier’s control.
  3. The ACMA is satisfied that Lycamobile contravenedclause 6.4.1 of the TCP Code 2007, during the period that the TCP Code 2007 was in effect, by failing to verify and demonstrate billing accuracy by over-charging certain customers that made calls to fixed line numbers starting with “4” between January 2011 and 31 August 2012.
  4. On 1 September 2012, the TCP Code 2007 (the original code) was replaced with the TCP Code 2012(the replacement code).
  5. Having regard to subsection 122(4), the ACMA is satisfied that had Lycamobile’s conduct,as described in paragraph 3, occurred after the replacement code was registered, Lycamobile could have been given a formal warning under subsection 122(1), in particular with respect to contravention of clause 5.5.1 of that code.
  6. The ACMA is also satisfied that Lycamobile contravenedclause 5.5.1 of the TCP Code 2012, during the period the TCP Code 2012 was in effect, by failing to verify and demonstrate billing accuracy by over-charging certain customers that made calls to fixed line numbers starting with “4” between 1 September 2012 and August 2013.
  7. In total, over the period January 2011 to August 2013, 12,596 customers were over-charged.

______

Signature

Jennifer McNeill

General Manager

Content, Consumer and Citizen Division

Delegate of the Australian Communications and Media Authority

3 March 2014