Printed from https://fyi.org.nz./request/4009-cfh-chorus-ufb-service-performance-targets-and-results on November 16, 2024 05:56

CFH / Chorus UFB service performance targets and results

Garth Pennington made this Official Information request to Crown Infrastructure Partners

Response to this request is long overdue. By law Crown Infrastructure Partners should have responded by now (details and exceptions). The requester can complain to the Ombudsman.

From: Garth Pennington

Dear Crown Fibre Holdings Limited,

I run a website dedicated to advocating on behalf of Spark customers.

We are seeing a large number of complaints regarding Chorus UFB installation delays and network performance issues.

Looking at the CFH statement of intent, I can see what the performance targets are that Chorus need to meet under the title 'UFB service performance' in the contract.

We would appreciate it if you could provide us with all information relevant to the above that relates to:
- reporting on 'UFB service performance' by Chorus
- results of the above reporting
- copies of any communication between CFH relating to the above with either
Chorus , Spark or any government department or minister.

We would also like details of any provisions in any contracts for penalties should Chorus not meet their contractual obligations for 'UFB service performance' and if penalties have been or will be levied.

Yours faithfully,

Garth Pennington
Spark NZ customers deserve better service

www.sparkcomplaints.co.nz
[email address]
Portions of these emails and/or your replies may be made available to other parties or publications.

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From: Garth Pennington

Dear Crown Fibre Holdings Limited,

I have not received the information requested under the Official Information Act 1982.

Under NZ law the request must be answered promptly and within 20 working days which ended June 15, 2016

Can you please treat this matter with some urgency as the resultant data is pivotal to our investigation into this matter and ongoing discussions with Amy Adams,Communications Minister.

Yours faithfully,

Garth Pennington

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From: Rohan MacMahon

Good evening Garth

Thank you for your enquiry, and I apologise for the time taken to reply
which was affected by staff illness. To address your questions:

·         CFH’s Annual Report provides information on the performance of
Chorus and CFH’s other partners in terms of installing UFB services as
well as the performance of the UFB network. In the 2015 report (available
at
[1]https://www.crownfibre.govt.nz/wp-conten...)
this information is provided on pages 10 and 11. CFH will publish its 2016
Annual Report in coming months.

·         Any communication between CFH and either Chorus or Spark in this
regard is commercially confidential to those companies, and thus is
withheld under section 9(2)(b)(ii) of the OIA.

·         Correspondence between CFH and other Government departments or
Ministers in relation to the performance of specific partners including
Chorus is also commercially confidential to the partners and is thus
withheld under section 9(2)(b)(ii).

 

Regarding contractual penalties, CFH’s contract with Chorus, known as the
Network Infrastructure Project Agreement, is available on CFH’s website at
[2]https://www.crownfibre.govt.nz/crown-par....
The section relating to payments to CFH and Retail Service Providers for
any provisioning service levels not met is Annexure 2. No penalties have
been paid by Chorus to CFH in this regard to date.

 

Chorus has a Wholesale Services Agreement (WSA) with Spark as it does with
other Retail Service Providers. This includes Service Level Agreements
(SLAs) for provisioning UFB services and rebates if certain SLAs are not
met. CFH is not aware of how many SLAs Chorus has met or not met with
Spark under its WSA. Nor is CFH aware of any rebates paid by Chorus to
Spark. These are commercial matters between Chorus and Spark.

 

I trust this assists you.

 

Kind regards,

Rohan MacMahon

 

From: Garth Pennington
<[3][FOI #4009 email]>
Date: 17 May 2016 at 11:24:00 AM NZST
To: OIA requests at Crown Fibre Holdings Limited
<[4][Crown Fibre Holdings Limited request email]>
Subject: Official Information Act request - CFH / Chorus    UFB service
performance targets and results

Dear Crown Fibre Holdings Limited,

I run a website dedicated to advocating on behalf of Spark customers.

We are seeing a large number of complaints regarding Chorus UFB
installation delays and network performance issues.

Looking at the CFH statement of intent, I can see what the performance
targets are that Chorus need to meet  under the title  'UFB service
performance'  in the contract.

We would appreciate it if you could provide us with all information
relevant to the above that relates to:
-  reporting on  'UFB service performance'   by Chorus
-  results of the above reporting
-  copies of any communication between CFH relating to the above with
either
      Chorus , Spark or any government department or minister.

We would also like details of any provisions in any contracts for
penalties should Chorus not meet their contractual obligations  for 'UFB
service performance' and if penalties have been or will be levied.

Yours faithfully,

Garth Pennington
Spark NZ customers deserve better service

[5]www.sparkcomplaints.co.nz
[6][email address]
Portions of these emails and/or your replies may be made available to
other parties or publications.

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From: Garth Pennington

From: Spark Complaints <[email address]>
Date: Sat, Jun 25, 2016 at 10:01 PM
Subject: FOI request to Crown Fibre Holdings 17th May 2016. - refusal to release information.
To: The Ombudsman Parliament.nz

FOI request to Crown Fibre Holdings 17th May 2016. - refusal to release information.

Full details of the request and CFH’s response are available on this link

https://fyi.org.nz/request/4009-cfh-chor...

I run a website dedicated to advocating on behalf of Spark customers.

We are seeing a large number of complaints regarding Chorus UFB (Fibre optic) installation delays and network performance issues.

The NZ Government has invested $2 Billion dollars into UFB through CFH, Crown Fibre Holdings.

On behalf of the NZ public and as Spark NZ Customer Advocates we would like information to help us identify the reasons behind month long wait times to have Fibre installed, which is way outside the contractual targets CFH have set.

CFH have refused to provide the information requested because:

1) Similar information will be available in their annual report in a few months time.

2) Some of the information is commercially sensitive.

We think all the information requested should be released to us because:

1) Saying it will be released at a later date is not a reason to deny the request.

2) The NZ public has invested heavily in this new technology and has the right to information that can help shed light on the subject and increase public awareness as to the issues involved and what the real problems are behind the scenes. It will also aid us in advocating for delivering to New Zealanders services that they feel they have already paid for but are not receiving as well as assisting us in our discussions with Amy Adams Government minister towards recommendations for policy changes.

3) It is only through seeing the communication between CFH- Chorus , CFH-Spark and CFH-NZ Govt that we will be able to get any idea as to what the real problems are and the reasons they have not been addressed.

4) For example, in the refusal, CFH hint that Spark get a rebate each time Chorus fail to connect UFB within the period set out in the contract. This is not passed on to the customer and is not in the best interest of the public. We would like copies of any internal documents relating to this.

5) We appreciate that Spark are Chorus’s customers, but we are sure that there must be some communication between CFH and Spark.

Apart from the above, CFH failed to outline the appeal options and respond within the timeframe as set out in the act.

Kind regards

Garth Pennington
Spark NZ customers deserve better service
www.sparkcomplaints.co.nz
[email address]

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Things to do with this request

Anyone:
Crown Infrastructure Partners only: