Brian* retired and moved out of the city to a more peaceful location where he could go hunting and fishing. While he enjoyed the environment of his new home, Brian did not enjoy the mobile coverage which was ‘patchy’ at best and seemed to be getting worse over time. On most days he had to travel many miles to get any coverage. 

Over the years Brian tried various strategies to improve his connection, but they did not result in any significant or long-term improvement, so he contacted TDR.

During the investigation, Brian’s telecommunications provider explained to TDR that his home is located outside the area where good mobile coverage would be received, although they say that coverage in his area is ‘fair’. 

They say they are not breaching any contractual obligation owed to Brian because their contract stipulates that they will make ‘best efforts’ in terms of coverage. In particular, the provider pointed to a term in their contract which states that their service will only be available in certain coverage areas and that speeds and coverage will vary according to location.

Outcome

The matter was not suitable for mediation and so TDR formally adjudicated the matter.

TDR examined the terms of the contract between the parties and concluded that Brian’s telecommunications provider did not guarantee coverage in any particular area. TDR also looked for evidence that the provider had misrepresented the availability of coverage in Brian’s area to him but could not find any suggestion of this. 

TDR also considered whether Brian’s provider had acted in a fair and reasonable manner, it was determined that the provider had met the required standard. 

Brian’s complaint was not upheld.

Lessons learned

Terms and conditions are important. There is no legal obligation on a telecommunications provider to provide 100% coverage over all of New Zealand or to install infrastructure such as cell phone towers to improve reception in any particular area. In cases like these, we look to the individual terms of a contract to see what protections and guarantees have been made. 

The manner in which the provider approached Brian’s complaint was important, as they were able to show that they had been fair and reasonable in all circumstances.

 

* Names and identifying details have been changed or removed