UPDATE: Optus mulls lawsuit over Telstra coverage maps

 

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The legal team at Australia's second largest telco Optus is preparing a lawsuit against incumbent Telstra, alleging that the nation's incumbent telco misrepresented Optus' network coverage in maps posted on a Telstra blog.

[This story was updated with a confirmation by Optus at 2pm on Friday 11th June - see bold text below].

Telstra lifted Optus' network coverage maps and transposed them against it own in an effort to illustrate the reach of its Next G network for connecting mobile data devices such as smart phones and notebook computers.

Telstra claims that the maps, published on Telstra's website [as shown in gallery, top right], compare the "on street" coverage of Next G's 850 MHz network versus Optus' 2100 MHz 3G network.

In a note published alongside the maps, Telstra spokesman Rod Bruem explains that because some models of smartphones and tablets are not compatible with the 900MHz spectrum deployed as part of Optus' 3G data network (predominantly deployed outside of Australia's major cities), regional users are less likely to get any joy connecting at high speed from rural and regional areas.

"If you use one of these devices outside of major metropolitan areas, it will access the Optus GSM/GPRS network (where it is available) but you will only be able to access limited data speeds," Bruem said.

"Telstra never claims to have the cheapest prices, but as they often say in the bush, you get what you pay for."

Sources from Optus told iTnews that the company's legal team has stewed over the maps to prepare a legal challenge. Optus claims the maps are misleading in so far as they don't include its 900MHz spectrum coverage, but also misrepresent the range of its 2100MHz coverage.

[UPDATE - June 11:

Optus has confirmed with iTnews that the company is "considering its legal options with respect to stopping these misleading claims.

"We look forward to a correction as [Telstra] have grossly misled the consumer and distorted the options that Australian customers have when it comes to mobile coverage," the company said in a prepared statement.

An Optus spokesman said the majority of Optus smartphones on the market "are able to access the full dual band coverage, which is not included on Telstra's map.

"The fear of more choice and competition for mobile services in Australia is forcing competitors into making misleading claims when it comes to coverage comparisons," he said. "In the past 12 months Optus has quadrupled the carrying capacity in our mobile network and added more than 600 new mobile sites."

Telstra's Bruem told iTnews that the maps were "sourced from their website" the night before they were published yesterday.

"We will be checking each week and updating the maps to ensure they are accurate," he said.

Bruem said he was yet to hear from Optus about any lawsuit or demand to take down the maps.

Bruem said that 'on-street' coverage refers to "what you'd normally expect to get with a handheld outdoors i.e. unobstructed by walls and ceilings."

He pointed out that should the calculations have been made to include "in-building" reception, Optus' 2100MHz reception would have fared worse, in his view, due to its higher frequency range that Telstra's 850MHz network.

"Our maps are comparing Optus 2100 to Telstra 850... not their 900Hz coverage," he said. "I hope that's clear."

Analysts have noted that Telstra's mobile data advantage is likely to be somewhat temporary, at least when it comes to the huge selling Apple iPhone.

Nathan Burley, analyst at Ovum has noted that the new iPhone 4 supports quad-band 3G (as opposed to tri-band in previous models) and will therefore "be able to access the larger 900MHz 3G network footprints of Optus and Vodafone, where previous generations weren't.

"The gap to Telstra in terms of network user experience when using the iPhone 4 compared to previous versions will be narrowed," he said.


"Some 3G devices only support 2100 MHz. If Optus published a map showing its 2100 MHz coverage (quite big) vs Telstra's 2100 MHz (much smaller - only the 3GIS network) and claimed that proved its ..."
By vostok
 
 
 
Comments: 12
sydneyla
Jun 11, 2010 8:37 AM
And Optus complains bitterly that Telstra is always engaging the services of legal people.
anonymous
Jun 11, 2010 11:28 AM

Welcome back, sydlala, haven't had a good laugh for a while.

Now as you are such a knowledgeable person, would you like to publicly compare the annual legal services bills for Optus and Telstra?

Discuss.
Digger11
Jun 11, 2010 12:50 PM
+ the annual billings of Minter Ellison as all in the Industry know they are a closed shop for the evil Telstra.
umbria
Jun 11, 2010 4:25 PM
In the process of buying an Optus 3G plan for use in a regional area, any reasonable person would purchase a device compatible with 900 MHz (which can now include an iPhone). OK, SydneyLa, would you like to suggest what remedy the ombudsman should require if it considers as disingenuous Telstra's misleading advertising defence that Optus's 900 MHz footprint didn't count as 3G? Maybe some full-page ads spruiking Optus? :-)
tin
Jun 11, 2010 6:51 PM
Re: sydneyla
Optus in this case has every right to legal action... Telstra has purposely created a map designed to mislead people into thinking Optus doesn't have a network.

Would it make sense if Optus made a map showing Optus "YesG" coverage compared to Telstra Cable coverage? No. Yet this the same as what Telstra have done.
Paul Grenfell
Jun 12, 2010 8:54 AM
Sydney, the main problem is with the Maps.. Telstra tried to infer it was just comparing the Apple Ipad and Iphone , but thats only the half of it..
The Maps dont infer that at all, in fact , this is what is Stated at top of the Maps Pdf,
"3G Smartphone and Tablet PC handheld coverage comparison between Telstra NextG Network and Optus 3g 2100mhz network"

Pretty Conclusive really.. One could assume the Maps infer all 3g Smartphones and Tablets.
Then Telstra have the hide to note, that this map doesnt show all the NextG coverage, and then also neglects to mention that the Map, doesnt show
all of Optus 3G coverage.

I think Optus have pretty good grounds for Legal Action..This is Typically like a NWAT tactic.. Its not the sor tof thing Telstra should be engaging in, nor any other
Telco for that fact..
daviddth
Jun 13, 2010 9:03 AM
Actually having both an Optus iPhone and a Telstra iPhone I think the comparison is pretty good. I know not all 3G Smartphones will have the same limitations, but there are not too many which support 3G on 850, 900 and 2100 MHz, so the comparison is valid.

I understand it is not comparing Apples with Apples (Pardon the Pun), but when talking about the iPhone/iPad and 3G data availability, it is a realistic map. There is no need to include Optus 900Mhz 3G as the iPhone and iPad does not support high speed 3G on 900 MHz, just slow GSM speeds. I dropped dialup 8 years ago for a reason, and dont want those speeds on my phone nowdays

I have been an Optus customer for well over 14 years, and vowed I'd never go to the dark side (Telstra), but I am considering it when the next iPhone comes out.
johnpro2
Jun 13, 2010 2:45 PM
Why have the lawyers such large smiles ...?

Jp
sydneyla
Jun 13, 2010 3:35 PM
Paul, many thanks for your words of enlightenment. It will be interesting to see what the Legal Eagles make of it all (other that enough money to keep their Rolls running. lol.
drummer
Jun 15, 2010 8:02 PM
I reckon Optus have got a cheek complaining about this. Their 3G coverage is crap. The coverage map on their website shows full coverage in Camberwell/VIC (11km from MEL CBD) where I live. The reality is that there is no coverage at all in this are, and they've admitted to me on the telephone that the coverage map is not accurate. I suggest they fix their patchy coverage rather than complain about Telstra telling it the way it.
Paul Grenfell
Jun 15, 2010 8:45 PM
Drummer, What device are you using? Paul
vostok
Jun 16, 2010 10:39 AM
Some 3G devices only support 2100 MHz. If Optus published a map showing its 2100 MHz coverage (quite big) vs Telstra's 2100 MHz (much smaller - only the 3GIS network) and claimed that proved its superior coverage, would that be a fair comparison? Many 3G devices support 900 MHz and not 850 MHz. If Optus published a map showing its 900/2100 MHz dualband coverage (very big) vs Telstra's 900/2100 MHz dualband coverage (same as 3GIS) and claimed that proved its superior coverage, would that be a fair comparison? The answer in both cases is clearly no. If Optus did either of those things, Telstra wouldn't be thinking about legal action, they'd sool the lawyers onto it faster than you can blink. People buy devices that are appropriate for the network they use it on. To compare NextG 850 with Optus 2100 MHz is as silly as Optus comparing its 900 MHz network with Telstra's 2100 MHz. Fortunately, most people here can see that cheap tactic for what it is.
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