Complaints to ICASA: Telkom in breach of ADSL Regulations

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Debbie

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Hi all,

One of our forumites, tommygun, lodged a complaint with ICASA in February this year.

The complaint alleges that Telkom is in breach of Section 3.4 of the ADSL Regulations as stipulated in the Government Gazette 29141. This section states that "local bandwidth shall not be subjected to a cap".

ICASA say that "very few" people have complained about Telkom's non-compliance with the ADSL regulations.

Next week ICASA will hear on tommygun's complaint. (If you would like to attend: ICASA, Presentation Room, Katherine Street, Sandton, Wednesday 24 Oct 9am.)

If you too believe that Telkom are in contravention of Section 3.4 the ADSL Regulations, and you support tommygun's complaint (as below), and you would like ICASA to know that you support tommygun's complaint, then please send an email to me [debbie2(at)antitrust dot co dot za] with your name and a statement that you support the allegations made in Mr Cleghorn's complaint (ICASA reference #CA/WC854/06). (Alternatively you can send a similar email to [email protected]).

Please, if you agree, shrug off laziness and just send me a mail to add your voice to the complaint. The more people who do so, the better our chances of holding Telkom accountable.

Debbie

Telkom/TelkomInternet's accounting mechanisms for users does not distinguish between local and international traffic. Local traffic is counted towards the overall usage allowance given to users. This is in direct contravention of Government gazette 29141 point 3.4 (Local bandwidth usage shall not be subject to the cap.) Telkom/Telkom Internets non compliance does not limit itself to disregarding 3.4, it is also in contravention of sections 5 and 7 although I will limit my argument to contravention of 3.4.

My assertion that Telkom/Telkom Internet are in contravention of said regulations has been has been acknowledged by Dr Sharon Horton and I quote "any usage whether local or international, will count towards the customer's cap until the necessary development is completed on the IP network" (Dr. Sharon Horton Senior Specialist Regulatory and Public Policy).

The Gazette 29141 has been a legally binding since its introduction in August 17th 2006 however Telkom have chosen to ignore its contents and its non-compliance has been hugely beneficial; and profitable to it as a company and to its shareholders at the expense of the Public who are directly out of pocket because of this theft of resources.

Telkom/Telkom Internet claim non compliance due to technical reasons however, the regulations were released over 12 months ago in August 2006, the ICASA findings from which the regulations were constructed were released 25 JULY 2005 that is over 25 months ago. This is underscored by the fact that Telkom did not object to the removal of the cap for local bandwidth use and further indicated that its network could distinguish between local and international usage. This is not to mention the fact that Telkom were consulted on making the regulations.

Quote: (All From the ICASA Web site)
4.6.10 ICASA's Findings
The Authority is of the opinion the the count of local use towards the cap should be removed.

Telkom must stop billing illegally until such time they do have mechanisms
in place to appropriately and accurately monitor traffic sources and
destinations.

In direct relation to this issue should Telkom not be able to monitor local
and international usage, they should not be able to apply a cap of any size or description until such time as the issue is resolved. This needs to be done with immediate effect. They are in breach and the regulator must regulate.
Click to expand...

Regulations: http://www.icasa.org.za/Documents.aspx?Page=74
 
can't everyone just add their name to the email and have one person control this list? in other words, everyone just adds their name to the list and one person sends out the email. it will save thousands of emails.
 
Fill the inbox

Hi

I think the impact would be more significant if that inbox overflows with e-mails.
 
Jacobl said:
Hi

I think the impact would be more significant if that inbox overflows with e-mails.
Click to expand...

Agreed with that.

Can't we get a pr0n peddler to stuff that mailbox full of complaint emails? :D Just for three or four days should do the trick... :D
 
Debbie2 said:
ICASA say that "very few" people have complained about Telkom's non-compliance with the ADSL regulations.
Click to expand...

How can ICASA do nothing if nobody complains? Isnt it breaking the law what telkom is doing?
So if I rob a bank, and nobody complains, that makes it alright?

Well then...
 
kevinswan007 said:
How can ICASA do nothing if nobody complains? Isnt it breaking the law what telkom is doing?
So if I rob a bank, and nobody complains, that makes it alright?

Well then...
Click to expand...

Yeah, but just as long as I get my cut for not complaining :p
 
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