Asasa Complaint

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Peapod

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just sent off this complaint to ASASA (advertising standards authority www.asasa.org.za)
I suggest any like minded individuals do the same
:mad:

Dear Sir

Complaint: Telkom False Advertising iro Broadband Services

I refer to Telkom’s continual reference to their DSL offerings as BROADBAND in press releases, general correspondence and advertising as being misleading to the general public. It constitutes misinformation as they do not have an offering that constitutes what is generally accepted in telecommunications and broadcasting to mean broadband. Broadband is generally accepted to mean any bandwidth greater than 1Mbps. Telkom’s highest offering in their suite of DSL services is a 512Kbps service.

Please could you intervene to ensure that Telkom do not continue to mislead the uninformed public as to what services they are actually delivering in this respect. It is certainly NOT broadband.

From the US Securities Exchange Commission Website Press Release by Telkom http://www.sec.gov/Archives/edgar/data/1214299/000111667905001149/0001116679-05-001149.txt

Reference
http://new.george.co.za/index2.php?option=com_content&do_pdf=1&id=129
http://free.financialmail.co.za/05/0422/technology/atech.htm
http://www.telkomsa.net/support/NoticeBoard/MR20050124.jsp
Telkom drops ADSL prices in a bold broadband move http://www.telkomsa.net/index.jsp
http://forum.kingsley.co.za/index.php?op=ViewArticle&articleId=17&blogId=1
http://www.moneyweb.co.za/news/433284.htm
http://www.finance24.com/articles/companies/display_article.asp?ArticleID=1518-24_1691778

I have included some international definitions of broadband for your benefit.
• A descriptive term for evolving digital technology that provides consumers a single switch facility offering integrated access to voice, high-speed data service, video demand services, and interactive delivery services.
www.voip-architecture.com/glossary/glossary.html
• Broadband comes from the words "broad bandwidth" and is used to describe a high-capacity, two-way link between an end user and access network suppliers capable of supporting full-motion, interactive video applications.
largebande.gc.ca/pub/technologies/bbdictionary.html
• A classification of the information capacity or bandwidth of a communication channel. Broadband is generally taken to mean bandwidth higher than 2 Mbps.
www.3gnewsroom.com/html/glossary/b.shtml
• An adjective used to describe large-capacity networks that are able to carry several services at the same time, such as data, voice, and video.
shopforoc3.com/t1terms.cfm
• Generally refers to a user access network connection with bandwidth approximately 1 Mbps or more. It is essential for graphic-intensive websites, music services and video applications. Common forms of broadband include DSL (Digital Subscriber Line), cable modem, WiFi (wireless access), and Metro Ethernet (Ethernet access over optical fiber).
newsroom.cisco.com/dlls/2004/hd_051904c.html
• Broadband refers to communications medium that uses wide-bandwidth channels for sending and receiving large amounts of data, video or voice information.
www.glossary-of-terms.net/glossary-cell-phone-terms-definitions.html
• A transmission medium that can carry signals from multiple independent network carries on a single cable, by establishing different bandwidth channels. Broadband technology is used to transmit data, voice, and video over long distances and, because many different frequencies operate concurrently, more information can be transmitted more quickly that conventional telephone lines (in the same way that more traffic can flow on a motorway than a single lane road).
europa.eu.int/idabc/en/document/650
• The technique used to multiplex multiple networks on a single cable without interfering with each other. Technologies that allow you to transmit or receive higher volumes of data at higher speeds.
bwcecom.belden.com/college/Cable101/data%20glossary.HTM

With thanks.
Yours sincerely
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"New broadband initiatives include the launch of the HomeDSL 192 service for residential customers" <--- I just blushed from embarassment.

Go Peapod, nice complaint.. I cant remember who ruled that Sentech can call always-on offering broadband but they obviosuly lack any kind of intelligence.
 
Maybe you should also point them to the fact that they say that you will be able to watch live videos and other media content. Just check out any of Telkom's ADSL fliers, but when you confront them they reply with: "ADSL was never intended for Bandwidth hogs and live video feeds" from Icasa Hearings.

:)
 
While your intention is noble Peapod unfortunately there is no clear definition for broadband, rather just a rough definition. The Japanese may consider even 10 mbit connections as non-broadband given that they can get 100 mbit and even 1 gbit connections, it's all relative.
 
Yip, as Perdition said, there is no clear definition of broadband.

From Wikipedia.

Broadband in general refers to data transmission where multiple pieces of data are sent simultaneously to increase the effective rate of transmission. In network engineering this term is used for methods where two or more signals share a medium.

Various forms of Digital Subscriber Line service are broadband in the sense that digital information is sent over one channel and voice over another channel sharing a single pair of wires. Analog modems operating at speeds greater than 600 bit/s are technically broadband. They obtain higher effective transmission rates by using multiple channels with the rate on each channel limited to 600 baud. For example a 2400 bit/s modem uses four 600 baud channels . This is in contrast to a baseband transmission where one type of signal uses a medium's full bandwidth such as 100BASE-T Ethernet.
Click to expand...
 
but it was SO worth a shot. Lets see what happens - it could open up a marvellous debate in which telkom is jammed in the middle.
 
fair enough, having adsl voice/data line can be broadband.. but where does offerings like sentech get the nerve to call themself broadband providers?

pathetic.
 
By the time ASASA has made a decision, one could mot probably appeal on the grounds that technology has advanced such a lot during the process, that the judgment is no longer valid.

All these "judicial" kind of processes seem to be out of tune with the speed at which technology is advancing.
 
ASASA wont do anything. it was just nice to vent i guess.
 
ASASA did do something!!!

Got a reply back from ASASA where they advise i go to the press ombudsman to stop Telkom referring to their services as broadband.
They also sent me a ruling on a similar case: Not exactly on topic but interesting reading none the less - shows what one voice can achieve (GO GERALD) imagine what 4060 can do?

Here are the responses...
RULING OF THE ASA DIRECTORATE

In the matter between:

GERALD MILTON COMPLAINANT
and
SENTECH LTD RESPONDENT


20 May 2004

MY WIRELESS / MR GERALD MILTON / 1217


Mr Milton lodged a consumer complaint against a Sentech billboard and Internet advertisement promoting MyWireless Internet access.

The Internet

The advertising contains, inter alia, the wording:

• “Up to 3Mbps of broadband at your fingertips”
• “Download speeds of up to 3Mbps”
• “Supports up to 3Mbps transmission speeds”

The billboard

The advertising contains, inter alia, the wording “MyWireless” and “It’s astonishing!”

COMPLAINT

The complainant submits that:

• The advertising promises up to 3Mbps of broadband. Yet on further enquiry 3Mbps is not available, only a maximum of 512Kbps.
• The help line advised that the modem was capable of 3Mbps, and not the service.

RELEVANT CLAUSES OF THE CODE OF ADVERTISING PRACTICE

In light of the complaint the following clauses of the Code were taken into account:

• Section II, Clause 4.2.1 (Misleading claims)
• Section IV, Clause 4 (Non-availability of advertised products)

RESPONSE

The advertising agency Scharrer Advertising, on behalf of the respondent, submits that:

 There is no reference to 3Mbps on any billboard. The complaint regarding this issue is therefore not valid.
 There has been reference to 3Mbps on the website.
 The technology that the respondent deploys is capable of delivering up to 3Mbps to a single wireless modem.
 The respondent has decided to launch packages up to 512kbps currently. The main reason for this is because of the high cost of Internet bandwidth in South Africa. It would not be economically feasible to provide higher bandwidth products for now.
 The products that the respondent specifically advertises on its website and in any other material are available today.
 The first paragraph, second sentence, of the webpage stating, “This technology platform is capable of supporting transmission speeds of up to 3Mbps to a portable wireless modem or PC card” is factually correct and does not need to change.
 To avoid confusion and for the purpose of clarity, the respondent accedes to changing the wording on its website as follows:

- The words “up to 3Mbps of broadband at your fingertips” will change to “Up to 512Kbps of broadband at your fingertips”.
- Under the heading USB/ETHERNET MODEM, the first bullet reading “Download speeds of up to 3Mbps” will change to “Currently download speeds of up to 512Kbps”
- Under the heading PC CARD MODEM, the first bullet reading “Download speeds of up to 3Mbps” will change to “Currently download speeds of up to 512Kbps”
- The second bullet reading “Supports up to 3Mbps transmission speeds” will change to “The modem is capable of supporting up to 3Mbps transmission speeds”.

ASA DIRECTORATE RULING

At a meeting held on 6 May 2004 the ASA Directorate considered all the relevant documentation submitted by the respective parties.

The Directorate notes the respondent’s submission that there is no reference to 3Mbps on any billboard. Having viewed the billboard and found this to be correct, the Directorate is of the opinion that the billboard in question is not misleading as it does not refer to 3Mpbs in any way.

Based on the complaint, the billboard is therefore not in contravention of Clause 4.2.1 of Section II and Clause 4 of Section IV of the Code.

The Directorates notes the respondent’s submissions that it will amend the following claims on its webpage:

• “Up to 3Mbps of broadband at your fingertips”
• “Download speeds of up to 3Mbps”
• “Supports up to 3Mbps transmission speeds”

The Directorate is of the opinion that the amendments appear ex facie to address the complaint at hand. The Directorate therefore accepts the respondent’s undertaking to amend the claims in question on condition that the offending claims are:

 withdrawn with immediate effect within the deadlines stipulated by Clause 15.3 of the Procedural Guide; and
 not used again until such time as the claim correctly reflects the status quo.





___________________________________
ON BEHALF OF THE ASA DIRECTORATE
Click to expand...
and my stuff
The above matter refers.

Please note that the ASA cannot deal with the content of press releases as that would fall under the Press Ombudsman duties the contact telephone number for the Press Ombudsman is (011) 788 4829The ASA’s jurisdiction does not cover service related issues either, and we can only deal with the content of published advertising.

We will be happy to investigate Telkom’s website if you could tell us exactly which part of the website your complaint relates to.

Attached for your ease of reference is a ruling that we made on the My Wireless issue, which may be of interest to you. The ASA had found that there are many different approaches to the term ‘broadband’, making its use a contentious issue.

We look forward to hearing from you.
Click to expand...

If anyone knows where on the Telkom Site Broadband is mentioned in relation to their services, please PM me the URL so i can forward to ASASA.
Thanks
Le Pod
 
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