"But when I entered into a six-month lease, I was told if I wanted internet I had to use their nominated service provider, Fuzenet, and there was no other option." William Maslin is unable to sign up to the internet service provider of his choice. Credit:Nic Walker Owners of apartment complexes often enter into agreements with telecommunications or utility providers to set up infrastructure for services in the whole building. Under these arrangements, services to individual apartments cannot be separated and residents cannot choose their own provider – even if they're suffering drop-outs and slow speeds. An ACCC spokesperson said in some cases such arrangements "may raise concerns under the third line forcing provisions of the Competition and Consumer Act," however businesses can apply for exemption.

"It took me around 12 days to get connected," Mr Maslin said of his apartment in the new Meriton Luna building in Lewisham, a suburb in Sydney's inner west. Teresa Corbin, chief executive of the Australian Communications Consumer Action Network. "I did not find the speed satisfactory, so I inquired about getting approval for my own independent telephone line, but they refused." He was also asked to sign a customer service guarantee (CSG) waiver, waiving his protection and rights in full, including damages for breach of performance standard, time for payment of damages and guaranteed maximum connection periods. The Australian Communications Consumer Action Network has found plans in embedded network arrangements can be "limited in inclusions, compared to more main stream plans and may cost more".

In the case of the Meriton Luna building, the network provider is LBN Co, which usually offers "wholesale open access" to more than 10 retail service providers. However, a Meriton spokesperson told Fairfax Media construction was still under way at the site, so "the full services [were] not available," and Fuzenet remained the only option until the end of 2016. Mr Maslin said he was never told there would be other options available by the end of year, arguing that, regardless, "we are stuck with LBN Co providers". "Why can't it be open market? It is disguised choice if what Meriton claims does come to fruition." A Fuzenet spokesperson said it sold both data and voice services.

"Our voice services are delivered over our data network, so they are not liable to the Customer Service Guarantee Standard," he said. "If they want to buy a voice service, they have to sign the waiver." The CSG standard only covers the supply of standard telephone services and requires phone companies to meet maximum time frames for connection and repairs. But telephone service providers may propose to a customer they waive their rights under the standard, in order to offer services that may not be offered if CSG protections applied, such as internet. "CSG exists in relation to the universal obligation, which only requires standard telephone services are accessible to all people, but it is high time the standard applied to internet data, not just fixed telephone lines," Ms Corbin said.

"The reality is, if it was clear that the customer was using it for a DSL-service they wouldn't get the guarantee, because it doesn't cover data. The waivers ultimately render the CSG less effective." ACCAN has been campaigning for a review of the standard, arguing it is out of step with the growth in broadband-based communication. Lawyer Dominic Green said consumers were under no obligation to sign CSG waivers, unless in embedded network arrangements. "This is a unique situation ... no consumer would ever give the waiver unless they were in such a situation, where they felt that they had to, in order to get service in the place they were already living." CEO of the Communications Alliance John Stanton said the CSG was in need of revision "as customers increasingly moved onto NBN-based services".