Investigation Finding Report

After analyzing the information and evidence from both parties, we determined that the service provider reasonably performed its obligations towards the customer and found no fault in its handling of the issues brought forth.

Issue 1: The customer’s complaint is that they experienced intermittent service delivery issues.
• The customer is disputing intermittent home phone service delivery issues they’ve been experiencing since May 2023, indicating that these issues began when they migrated from copper to fibre optic technology in May 2023.
• We reviewed the service provider’s Terms of Service, which state that the service provider makes no warranties, representations, claims, guarantees or conditions, express or implied with respect to any services, equipment or devices.
• That said, the CCTS expects a service provider to follow its troubleshooting policy when a customer reports service delivery issues. We reviewed the electronic notification sent to the customer on April 25, 2023 informing them that the service provider was in the process of replacing its networks with fibre optic technology in their area and advising them to call to book an appointment to transfer their services.
• We reviewed the order confirmation, which shows that the customer upgraded their internet service from a 150-MB package to a 1.5-Gbps package on May 25, 2023.
• We reviewed the account and technical notes from May 2022 to today and found the following details:
– The customer contacted the service provider on May 23, 2023 to report service delivery issues with their home phone service. The customer was informed that the copper technology they were using was being decommissioned and that their home phone service needed to be migrated to fibre optic technology. During the call, the customer agreed to have a technician complete the migration on May 24, 2023.
– The migration did not take place due to the customer refusing to migrate their services from copper to fibre optic technology during the technician’s visit.
– On June 2, 2023, the customer requested that a technician repair their copper home phone line. The customer was advised that copper technology was no longer supported, that the line needed to be migrated to fibre optic technology, and that a technician would have to come out and investigate the repairs.
– We noted that a ticket was placed for the migration to take place, and the customer agreed to have a technician come on the afternoon of June 3, 2023.
– We noted that, as per the technical notes, the modem change was completed on June 10, 2023.
– On June 14, 2023, the customer reported ongoing problems with their home phone service following the migration of their service.
– On June 21, 2023, the customer informed the service provider that they were still experiencing intermittent service delivery issues with their home phone service. We note that the service provider followed its troubleshooting policy and concluded that a modem change was required.
– Another follow-up was carried out by the service provider on June 27, 2023, extending the technical ticket to July 16, 2023.
– We confirmed that a repair technician visited the service address on July 29, 2023 and changed the modem; the customer stated that both the internet and the home phone were functioning properly.
– We found no further calls after July 29, 2023 regarding service delivery issues; therefore, we assumed the issue has been resolved.
• As a result, we find that the service provider has met their obligations in regard to the customer’s claim of wrongdoing.

Issue 2: The customer’s complaint is that the service provider makes an error or takes an action which the customer considers to be a breach of an existing agreement.
• The customer claims that the service provider has an obligation to ensure that their phone service is functional during power outages and contends that the service provider is thus obligated to provide them with a back-up battery for their modem, which is necessary for their home phone line to function during power outages.
• We reviewed the service provider’s Terms of Service, which stipulate that the service provider makes no warranties or guarantees with respect to any services, equipment or devices.
• We reviewed the service provider’s terms of service, and they stipulate that for a home phone, access to 911 will not work during a power outage if there is no back-up battery. A back-up battery is not included with the service or otherwise made available by the service provider. The customer is responsible for getting a compatible back-up battery if they wish, as well as for the ongoing monitoring, maintenance and replacement of their back-up battery, even if the service provider previously provided one to the customer. They recommend that the customer have another way of contacting 911 emergency services.
• We also reviewed the service provider’s Terms of Service, which stipulate that the service provider is not responsible for failing to meet its obligations due to causes beyond their reasonable control, including power outages.
• Considering the Terms of Service above, we can conclude that the service provider does not guarantee that its service will be error-free and uninterrupted. Specifically, we note that there are no obligations that confirm that the service provider’s home phone services will be fully functional during power outages.
• Regarding the provisioning of a back-up/spare battery for the modem, we have confirmed that the service provider does not supply modem batteries and that the customer can purchase one at their own expense from a third-party provider if they wish.
• As a result, we find that the service provider respected its obligations regarding this aspect of the customer’s complaint. That said, it is worth noting that the service provider did not charge the customer the $199 fee for the modem change.