CHORUS...FIBRE INTERNET CABLE DAMAGE

Tresta from Feilding

Hi everyone
I am posting this as I feel it is of public concern and will affect all home owners who have or will have a fibre internet cable on their property and who have or will sell their home ( and those who enjoy gardening)

I am a retired (pre technology) woman who recently purchased a home (vacant at time). After moving in, I contacted Vodafone to arrange internet and landline. I discovered that I had a “ CHORUS” box already insitu. CHORUS connected this via remote access and no house call was offered.

A few weeks ago, I was gardening, planting a shrub in the middle of my existing garden, and chopped an old looking cable which was shallowly buried there. I thought it was an old disused cable but then discovered it was my internet/landline fibre cable. I used my mobile to call Vodafone and was without internet / landline service till Chorus came to repair this.

I questioned the serviceman, and he told me that Chorus have no plan at all or any recorded idea of where cables are buried on your property, and that I should have phoned before “ digging” ( I don’t consider gardening to be digging.) With the "FIBRE ROLLOUT" there are going to be thousands of homes that CHORUS has absolutely no record of where your cable is buried, and you are all bound by this "END USER AGREEMENT" according to this person representing CHORUS

A couple of weeks ago I received an invoice for $547.22 for cable repair damaged while “digging”.

This despite the fact that
1. CHORUS say on their website that they don’t charge if you cut the cable.
2. 2. The TCF regulations seem to suggest that the cable should be at a set depth, and in a conduit
3. 3. The cable is the responsibility of CHORUS to the termination box

I disputed the invoice, but CHORUS representative, Zeeshan AnsariNetwork Billing & Credit Coordinator, who is the person writing the reply emails
Said
”The depth of the fibre cable cannot be identified from the time it was laid initially to the time it was damaged.
 
I can understand that you have moved in the property a few months ago, However all the fibre installs gets done with an END USER AGREEMENT and the presence of the cable should be known to the home owners/residents.
 
I’m sure you have checked the Chorus website. It also states -  If the route from your street to your property is a soft surface like grass, dirt or garden, we can bury our fibre cable. We dig a shallow trench by hand with a spade or saw and lay our fibre cable in the trench.
The trench doesn't need to be in a straight line and can curve around trees and paths. We choose a location away from high impact areas where it's unlikely to be dug up.  If you already have an ETP for your copper services, it's likely we'll install a new one in the same place.
 
The depth the fibre gets laid generally is at 200mm Depth. It is not necessary for the fibre cable to be protected in a conduit unless provided by the home owners/residents at the time of the install.
 
We thereby hold you liable for the cost of the repair.”

AND
“ The presence of fibre should have been questioned by you with the previous owners”

From a real estate agent, I have been told
“I have sold almost two hundred houses and there is NEVER any pass over of information about where cords come in, either electrical, phone or internet. The only service information is easements that are lodged on the title.”

I intend to dispute the invoice as I doubt the legality of their claim, but am interested to know of others experience.
Thanks Tresta