Can you sue NBN for speed issues?
The simple answer here is no you cannot, the reason being you are not an NBN customer.
If you are not an NBN customer then what are you?
When the NBN was set up it was designed as a wholesale model to sell to selected tier 1 Service Providers that would on sell to the public.
These Providers included Telstra, Optus, TPG, M2, Vonex as well as many smaller players. List here
Now that is not a definitive list either because many of these have second level providers. An example is Belong NBN owned entirely by Telstra. It Is sometimes confusing when they market against themselves.
You deal with a Provider.
So, in a nutshell, you deal with the provider not with NBN so your problem exists with them.
When the NBN started a year or two ago the providers sold an internet speed based on a designated model allowing a choice of speed 12,25,50 or 100 MBPS.
It may be argued that the NBN model was changed from a full fibre supply to a Node-based business to speed the installation process
In fairness to the providers, this principal also had existed for many years with the ADSL model. You bought your ADSL service and received a speed somewhere between 1.5 Mbps right through to a top 12Mbps.
There were no other options but to accept it. Distance from the exchange was the principal excuse and unless you moved premises there was nothing you could do about it. No discount, no credits just a Bad Luck Buddy shout from the crowd.
So why should the NBN be different was, evidently, the adopted attitude.
What happened to change the NBN model
But this attitude did not “cut the mustard” when you had a choice
Many customers then went to task the providers into changing the status quo.
Most providers like Telstra and Optus bit the bullet and immediately started offering to refund payments made that were taken under unfair conditions.
It is a fact that under some of the New model NBN there are limiting factors and distance continues to be a dominant one.
Has the NBN changed
Now, after you have signed a contract NBN and your provider will do a speed test and adjust your plan based on the results.
This measuring procedure does fix that one problem of distance.
Anything over about 500 meters from a node suffers.
One other major issue is what I call channel stuffing. Your provider buys from NBN a channel that will carry a set number of subscribers at a guaranteed speed during peak times. Increase that number and speed will suffer sometimes drastically.
Some carriers offer a range of product based on channel loading. You pay a little more for guaranteed speed Example Vonex where you can see a variable of $20 a month over the plans.
In conclusion, we believe it is no good trying to sue the NBN but you have a good chance with your service provider.
Peter Hanley
