A TIMOLEAGUE-BASED broadband provider has been convicted and fined €15,000 for failing to implement a Code of Practice for handling complaints.

Voip and Internet Services with an address at Cartue, Timoleague, Bandon pleaded guilty at Macroom District Court to four charges; two related to one of their companies, Tipp Broadband and two to their other company, Rural Broadband.

The prosecution was taken by the Commission for Communications Regulation (ComReg) in relation to Tipp Broadband for failing to respond to a request pertaining to customer contacts as well as one charge for failing to prepare, publish, keep update and implement a Code of Practice for complaints handling. Rural Broadband faced the same two charges.

The court heard that the company operated two separate websites for the two companies and that the maximum penalty that could be imposed was a fine of €5,000 on each charge

ComReg compliance operations manager Miriam Kilraine said the company has had a licence since 2009 to provide broadband.

Ms Kilraine said that ComReg first became aware of numerous issues with the company in 2024. She said they examined the information on its website and were concerned that they weren’t complying with any of the regulations.

‘There were no contracts, no information on internet speeds, no provision for a cooling off period and no bills were being received in some cases. Both Tipp Broadband and Rural Broadband are also required to provide customer reference numbers in the event that they wanted to change provide but this was not done,’ said Ms Kilraine.

The court also heard that both companies required a three-months’ notice period from customers who wanted to switch provider or cancel their service. Ms Kilraine said that under legislation customers were not required to give any notice to move service provider and that they only had to give one month’s notice if they wanted to cancel the service.

Ms Kilraine pointed out that one customer who had cancelled the service was owed €600 by the company but was told that the company was sold.

‘They didn’t implement a code of practice for complaints handling. We sent them a letter asking had they complied with sample consumer cases but we didn’t get a reply.’

Ms Kilraine said she did receive an email from a director of the company in May of this year asking if she had received documents but ComReg didn’t receive anything from them.

‘They got a couple of extensions and we never got the information we required. This was the only second time in my ten-year career here that we had a refusal to get details from a company.’

Ms Kilraine added that a code of practice is required and it has to be published on the main webpage of a company’s website which is very important for consumers.

‘On August 27th last a link to a code of practice on the Tipp Broadband website led one to a template with random wording when you clicked on it.’

Defence solicitor Patrick Goold said there were no complaints against his client up until 2024 and that year a number of customers cancelled their contracts due to fibre broadband being more efficient.

He added that the company had received a large number of cancellations that year which hit ‘like a tsunami’.

‘The sale of the company has been ongoing for the past two years which is nearly completed. The reality is they can’t compete with those offering fibre broadband. They have met this case as fairly as possible,’ said Mr Goold.

Judge John King said he was ‘shocked’ at the behaviour of the defendants who he said didn’t do anything to ‘mend the hand.’

He convicted and fined the company €3,750 on each of the four charges. He awarded legal costs of €5,000 plus VAT to the prosecution.

Recognisances in the event of an appeal were fixed in the defendant’s own bond of €100.