CPA vs Telkom angle: Advice needed please

jjbza77

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Hi everyone. I need some advice.

Firstly some background. I live in a townhouse complex. Applied for a Telkom phone line for ADSL. Thats where the fun started. According to Telkom the first problem was there is not a distribution box on the premises. Not true, I asked the administering the complex if this was the case. It is not, there is a distribution box on the premises. So obviously I went to Telkom with this little gem of information, just to be informed by the infrastructure dept that it is not viable for Telkom to install lines in the complex unless there is more applicants. So, must I become a Telkom sales agent for free in the complex. And either way Telkom's terms and conditions state that is must be viable for line installation, the lady at the Telkom shop informed me it is not feasable.

feasible: capable of being done with means at hand and circumstances as they are
viable:capable of being done in a practical and useful way OR Able to be done, possible




Service conditions (From Telkom web page)
The feasibility of an order for a new service will be dependent on infrastructure availability. Normal terms and conditions will apply.

Also from their terms and conditions document (the following can be deduced, from an angry email to Telkom):
Your standard Terms and Conditions state that you are responsible for providing the infrastructure within reasonable limits (sucks being the only fixed line operator now, doesnt it), it say nothing of viable and only the information on the website stated feasible, not viable.


To put things in context.
Distribution box on premises - check
Connected to Telkom (as there are no other company) - negative
Is the complex located in a remote location - negative
Are there houses around the complex or in the neighbourood with telephony - check

So obviously there is infrastructure available in the general residential area. Only the complex needs to be linked. Nor am I demanding a phone line in a remote location. So it is not totally from scratch, nor over a very long distance. Nor has there been a lot of copper cable theft in the neighbourhood. Why should it be my problem to get more people from the complex interested, perhaps if they see that I am successful, they might also consider a phone line. IT IS NOT MY JOB TO DO MARKETING FOR YOU. I AM AN INTERESTED CLIENT. Have you ever considered being nice to prospective clients?

Anyways enough of the rant. Is there anything in the CPA to force Telkom's hand?
(ironic, when looking for the CPA online, I get a lot of Telkom Simple advertisements)

Doing a quick scan ( I am no lawyer) I note the following:

Firstly: Definition of "service" include "the provision of access to any communications infrastructure." and
"access to any electronic communication infrastructure;"

Secondly: ‘‘electronic communication’’ means communication by means of electronic
transmission, including by telephone, fax, sms, wireless computer access, email or
any similar technology or device;

Now seeing is Telkom is the only fixed line operator, it is their responsibility to provide potential customers with a service when applied for. And not hide behind hidden clauses or rules like: we need more applicants from your complex, etc. As stated that is their marketers job.

Any loopholes Telkom will use.

This will probably make the CPA a joke as Telkom will find a way out of it.

Like I said: Any advice, criticism?
 
Well Neotel does not operate yet for non-corporate customers where I live, so that effectively removes them from the list of candidates. To be honest I would much rather prefer a wired solution.
 
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