Telecom ponders 0867 suit

By MICHAEL FOREMAN

Telecom New Zealand says it is still considering whether to defend three Disputes Tribunal actions against the company filed by anti-0867 campaigners.

The first hearing is set for July 3 in the Christchurch District Court, where ClearNet user Mike van Lokven is disputing a Telecom bill for $562.53 of extra "internet connection" charges.

PC World columnist Geoff Palmer will be contesting a similar charge in Wellington on July 11, and Torbay-based Brian Fairchild, whose daughter's use of ClearNet resulted in a $214 extra charge, has a hearing date set for August 1 in the North Shore District Court.

Telecom spokeswoman Linda Sanders said the 2 cents-a-minute charges, which applied after 10 hours' monthly use, had ceased on May 15 after Telecom reached an interim interconnection agreement with Clear.

"Whether they are re-instated depends on what happens with Clear, but we have no intention of doing anything until the end of August [when the interim agreement with Clear expires]."

In all three cases the claimants maintain that internet charges levied by Telecom against users not using the 0867 prefix broke Clause 5.2.1 of the 1990 Kiwi Share agreement which states: "A local free-calling option will be maintained for all residential customers."

Telecom had not decided its position on the specific cases but it disputed the argument that the internet charges broke the Kiwi Share Agreement, Ms Sanders said.

"The wording of the agreement specifies that we have to provide free internet calling options, as we have with the 0867 system."

Ms Sanders pointed out that Telecom already charges for local calls under certain schemes. For example, 65,000 users of its Home Line Economy plan paid 20 cents per local call in return for a reduced monthly charge of $24.75.

Mr Palmer said such schemes were covered in the same clause of the agreement, which allowed Telecom to develop "optional tariffs which entail local call charges for those who elect to take them as an alternative option."

"0867 users have never been given the choice. It's been, 'do this or else'," he said.

The campaigners fear once the national 0867 system has been established, Telecom could charge for internet connections, as they would not be classed as local calls.