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APPENDIX A

By using this appendix as the conclusion to our COT story it  has allowed me to add to the story two important issues without breaking the flow of the story. 

On 26 July 2008, thirteen years after the arbitrator  disallowed his technical consultants the extra weeks, they advised him was needed to fully address all of my arbitration claims these same unaddressed issues were again raised during my first 2008 Administrative Appeals Tribunal (AAT) Freedom of information (FOI) hearing (No V2008/1836) I provided Mr G.D. Friedman, Senior AAT Member hearing my case evidence showing the government communications regulator either deliberately or by not understanding the law as they should have provided the defendants of my arbitration namely Telstra and advantage that crippled any chance of me conclusively proving to the arbitrator the phone problems raised in my claim were still affecting the viability of my businesses endeavours.

On 26 September 2008, in my correspondence to Ms Regina Perton, Administrative Appeals Tribunal I noted:

"I am sure you are aware, the Trade Practices Act directs companies to withdraw faulty goods or services immediately upon becoming aware of problems related to those goods and/or services and, at the same time, to bring the problems to the notice of their customers and the Australian public in general. If they do not follow these directions they are in breach of the Trade Practices Act.

ACMA knows that, on at least two occasions, Telstra used the regulator to 'rubber stamp' two technical reports that Telstra knew were more than just flawed but which were then provided to the arbitrator during my arbitration. ACMA has not published their knowledge of this matter.

On 16th October 1995 the regulator allowed Telstra to address one of the billing issues from my arbitration, outside the legal arena of my arbitration. Since my arbitration was a private matter between Telstra and me. the regulator did not have the authority to allow arbitration matters to be addressed in such a confidential way, outside the arbitration process, thus disallowing me my legal right under the Commercial Arbitration Act 1984, to challenge the false information that Telstra knew was false and misleading".  (AS 1107)

Transcripts from my Melbourne Administrative Appeals Tribunal hearings (Respondents - ACMA) on 3 October 2008 (No V2008/1836) show that I maintained that my Freedom of Information FOI applications to the Australian Communications Media Authority (ACMA) should be provided in the Public Interest and therefore free of charge all of the requested information both Telstra and AUSTEL (now ACMA) withheld from me during my government endorsed arbitration process. 

This 2008 hearing was considered by Senior AAT Member Mr G D Friedman and it is now apparent that Mr Friedman was not aware that the Government solicitors (AGS) and ACMA had based their current AAT defence of my claims on totally inaccurate Department of Communications Information Technology and the Arts (DCITA) COT archival documents, including the sanitised, public AUSTEL COT report released in April 1994, none of which included the true (and very adverse) findings that AUSTEL had originally reached in relation to Telstra’s dealings with me (refer AUSTEL’s Adverse Findings).

On 3 October 2008, Mr G.D. Friedman, hearing my case against ACMA (No V2008/1836) stated to me in the public gallery:

“Let me just say, I don’t consider you, personally, to be frivolous or vexatious – far from it. Yes. 

I suppose all that remains for me to say, Mr Smith, is that you obviously are very tenacious and persistent in pursuing the - not this matter before me, but the whole - the whole question of what you see as a grave injustice, and I can only applaud people who have persistence and the determination to see things through when they believe it's important enough".  

APPENDIX B

During my second AAT hearing (No 2010/4634) which ended on 26 May 2011, I had raised prior to that date an example of where Ericsson equipment not just their AXE Portland telephone equipment but their NEAT testing equipment used at the unmanned RCM Cape Bridgewater switching exchange prior to and during my arbitration. My claims to ACMA and the AAT were that this Ericsson faulty equipment which often recorded incorrect and impracticable test results had knowingly been used by Telstra so as to cover up the many problems my business and other Telstra subscribers were experiencing in our region.

During many months that both parties submitted evidence for and against I provided conclusive proof using government records namely AUSTEL/ACMA’s own findings from  their April 1994 COT Cases Report that it was uncovered just how bad these Ericsson faults were.

I was also able to conclusively prove in writing (which I did) showing that the findings in AUSTEL’s own April 1994 COT report on page 157 which discusses the Ericsson testing process which AUSTEL unknowingly and/or unwittingly used to support their findings in this government report had been grossly impracticable. This report and its findings was submitted by Telstra to Dr Hughes (the arbitrator) as evidence that Telstra most  recent testing at Cape Bridgewater in 1993 and again in 1994 met all of AUSTEL’s specifications when this was not the case.      

Regardless of my evidence provided to ACMA and the AAT in 2011, ACMA has still not provided me the Ericsson AXE report. In fact, AUSTEL notes after having accepted in 1994 that in some incidence ongoing AXE fault could have caused problems for my business reported in their April 1994 COT report at point 7.40:

“AUSTEL recently became aware that Telecom had prepared an internal document on the subject of this ACXE fault and in 21 March 1994 sought a copy from Telecom.”

I again reiterate, nether Telstra nor the government has ever released this AXE report to me under FOI regardless of the thousand of dollars my two AAT hearings personally cost me.  

At the final oral hearing ON 26 May 2011 Mr G.D. Friedman, Senior AAT Member noted:

"Mr Smith still believes that there are many unanswered questions by the regulatory authorities or by Telstra that he wishes to pursue and he believes these documents will show that his unhappiness with the way he has been treated personally also will flow to other areas such as it will expose the practices by Telstra and regulatory bodies which affects not only him but other people throughout Australia,

Mr Smith said today that he had concerns about the equipment used in cabling done at Cape Bridgewater back in the 1990s. He said that it should - the equipment or some of the equipment should have a life of up to 40 years but, in fact, because of the terrain and the wet surfaces and other things down there the wrong equipment was used".

During this second AAT hearing, I again raised the telephone problems that had affected my business from before my arbitration from 1988 to 1995, stressing that the arbitrator had failed to investigate why my phone problems were still affecting the viability of my business endeavours, which therefore allowed them to continue for a further eleven years after the end of the arbitration.

Also, during this second AAT hearing, I raised 2006 statutory declaration prepared by the new owners of my business concerning the problems they were having with the optical fibre (see Main Evidence File No 13) and the advice from Telstra to move Darren and Jenny Lewis of the fibre back onto the copper wire network.

To support my claims that in some case where optical fibre had been used in moisture-prone locations like Cape Bridgewater (similar to that reported by Darren and Jenny Lewis), I submitted Telstra FOI folio A00253 document (refer to Bad Bureaucrats File No/16) dated 16 September 1993 titled Fibre Degradation which states:-

“Problems were experienced in the Mackay to Rockhampton leg of the optical fibre network in December 1993 [sic] Similar problems were found in the Katherine to Tenant Creek part of the network in April this year. The probable cause of the problem was only identified in late July, early August. In Telecom’s opinion the problem is due to an aculeate coating (CPC3) used on optical fibre supplied by corning Inc US. Optical fibre cable is supposed to have a 40 year workable life. If the MacKay & Katherine experience are repeated elsewhere in the network, in the northern part of Australia, the network is likely to develop attenuation problems within 2 or 3 years of installation. The network will have major QOS problems whilst the CPC3 delaminates from the optical fibre. There are no firm estimates on how long this may take.

Existing stocks of Corning cable will be used in low risk / low volume areas.

Were the citizens of Australia entitled to be advised by the Australian government, before it sold off the Telstra network, that, e.g., the optical fibre with CPC3 coating, supplied to Telecom/Telstra by Corning Inc (USA), was installed in their area? How many people in Australia have been forced to live with a subpar phone system, i.e., a known poor optical fibre that Telstra should NEVER have installed? How many businesses have gone up against the wall due to Telstra’s negligent conduct of knowingly laying their existing stocks of Corning cable in locations that Telstra believed were low risk/low volume areas?

Chapters one to three in our Tampering with Evidence page show Telstra was also prepared to re-deplore some 450,000 faulty TF200 telephones to locations where Telstra thought moisture was non-existent. The decision-makers regarding where Telstra installed these moisture-prone phones were certainly not trained in meteorology. I doubt that Telstra or the government advised these TF200 customers, when Telstra was sold off, that if they were experiencing phone problems that this was no longer Telstra’s problem or the governments.

We suggest that any Regulator and or agent of the Federal/Crown, who possessed knowledge of the nature of these unlawful acts and events by Telstra during the AUSTEL facilitated COT arbitration procedure, and specifically concealed these acts by not broadcasting to the appropriate law enforcement agencies, would be acting outside of the law, and would be engaging in prima facie abuse of office, and obstruction of justice.