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Sunday, April 09 2000

i4free chief executive Annette Presley.

Court order gets i4free back in 0867 game

04.04.2000 - By CHRIS BARTON

Since its launch on Saturday, New Zealand's first truly free internet service, i4free, has played a complex game of hide the 0867 number with Telecom in an effort to stay online.

But every time i4free changed its dial-in access numbers, Telecom disconnected them. By yesterday morning, i4free was rapidly running out of options.

The free service was so frustrated with Telecom it took the matter to the High Court yesterday afternoon, seeking a mandatory injunction requiring Telecom to reconnect the disconnected numbers.

It also asked for an injunction restraining Telecom from further 0867 disconnections.

The High Court granted i4free an interim injunction until next week, when the matter will be heard again.

The saga began at 7.30 pm on Friday, when Telecom cut off the 0867-prefixed access number i4free was about to use to launch its service on Saturday.

I4free logged a fault with Telecom and was told "the number had been disconnected due to political issues - an argument with the customer."

The i4free team worked through the night reconfiguring the downloadable software with a new access number obtained from Attica Communications, through the efforts of director Wayne Toddun, an investor in the new venture.

The Attica 0867 number kept i4free going through the weekend, but about 8 pm on Sunday, shortly after a TV news item, Telecom struck again, taking the Attica number offline.

This disconnected not only 3000 newly signed i4free customers but also Attica's existing customers, including the Muscular Dystrophy Association and Takapuna Grammar School.

I4free was down but not yet out. A competing net provider, WorldxChange Communications, came to its aid - offering its 0867 number to i4free.

Telecom cut that number too, but quickly reinstated it when it realised the number belonged to WorldxChange and not i4free.

"I4free are a direct competitor for us. We're a month away from launching our own ISP [internet service provider], but they're in the same boat as us so we thought we would give them a hand," said WorldxChange operations manager Paul Clarkin.

He said Telecom's action was "blatantly anti-competitive."

"We're backing i4free 100 per cent, hoping this will escalate the issue enough so that it's put at the front of the telecommunications inquiry or maybe that the Government acts now and resolves it right away."

Late last night, i4free users were still using WorldxChange's number. Mr Clarkin had initially expected it could be disconnected at any time, after he received a written warning from Telecom.

What ties i4free, Attica, WorldxChange and a number of other internet providers including freenet and Web Internet together is their refusal to give in totally to Telecom's 0867 regime.

While all have obtained 0867 numbers from Telecom, they have also decided to use Clear Communications for their local access. That involves using "number readdress " under Clear's number portability agreement with Telecom to send the 0867 calls to Clear's network.

In the process, Clear pays Telecom for every call that is "ported" and Telecom in turn pays Clear a per-minute "interconnection" fee for the duration of the call.

Many have suggested this is Telecom's main motivation for enforcing the 0867 regime - so that it doesn't have to pay Clear substantial interconnection revenue on long-duration internet calls. Treasury briefing papers indicate this amounts to about $12 million a year.

For its part, Telecom says 0867 was necessary to protect its network from the growth of internet calls. It introduced the numbers in September, telling Clear they were outside the scope of its current interconnect agreement.

Clear has steadfastly refused to be party to 0867, but at its customers' requests is using number portability to terminate those calls on its network.

As quickly as it finds internet service providers using number porting, Telecom is shutting them down, claiming the practice is in breach of its self-imposed 0867 rules and "completely negates the network management benefits of 0867."

On Friday, the Business Herald asked Telecom to show us the clause in the 0867 agreement that says number porting is in breach of its rules, and to explain why an 0867 number - even if it is eventually ported off Telecom's network - cannot still be managed on by Telecom's "intelligent [0867] network."

Spokesman Glen Sowry referred to Clause 4, which says the 0867 service is for use "by links on Telecom's network." He said diversion on to Clear's network made "it more complex to maintain control" of calls.

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