ICASA FORMAL COMPLAINT: Headings

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Peapod

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Blokes and Blokettes
I have had another formal reply from ICASA inviting us to submit our complaint and appointing an officer to handle the matter. (Don't faint)
Here is the framework of the formal ICASA complaint. Some headings are loose at this stage but language will be tightened up and formalised in the next itteration.
Please could you help me out, choose a heading (and sub headings) and flesh out the bits you know MOST about.
<ul><li> The complaint has to be supported by irrefutable evidenciary documentation. </li><li> The complaint has to be concise and to the point. </li><li> The complaint has to unemotive and factual. </li><li> Any technical detail needs to be spelled out and idiot proof </li></ul>
So please, no rants, just bullet pointed facts and tags to suporting doco's.
If doco's are hard copy, please email them to me at [email protected]
I will collate the data you send and repost the document in various stages of readiness for comment and additions.


<b>ICASA - PARTICULARS OF COMPLAINT</b>

Telkom ADSL Broadband:

<b>1. Preamble – Timescales and Actions Required</b> (peapod and rpm?)
<b>2. Product Background</b>
a. What is ADSL
b. Telkom’s Original Offer:
c. Telkom’s Current Offer:
d. What Telkom Is Delivering Now:
e. Telkom’s Advertising:
f. Further service restrictions imposed by Telkom:
<b>3. Pricing</b>
a. Telkom’s Profit
b. International Comparisons for ADSL
<b>4. Implementation</b>
a. Rollout Plan
b. Ordering
c. Demand Tracking
d. Installation
e. Service Difficulties & Customer Support
<b>5. Last Mile Delivery</b>
a. Installation
b. Telkom’s Excuses
<b>6. Service Restrictions</b>
a. Port Prioritisation
b. 3Gb Capping
c. WWW vs SAW & the “local is lekker” restriction
<b>7. International Bandwidth</b>
a. International Comparisons
b. Cost Comparisons
<b>8. Market Manipulation</b>
<b>9. False Advertising</b>
<b>10. Infringement of Constitutional Rights</b>
<b>11. Legitimate Competition - Reliance on Telkom Infrastructure</b>
 
This could be a first:

The preparation of a complaint against a public body in PUBLIC!!!

Telkom will not be able to claim it did not know about the grievances - as all grievances are in public.

And as the doc grows, Telkom will be aware of progress.

This will provide them with the opportunity to close loops in the service offering - ie. improving on ADSL as we all wish they should do.

I see a win-win in this.

Telkom avoiding a "clash" with ICASA, and ADSL improving.

Pity, I doubt if Telkom will use the opportunity to improve their ADSL to World Class Standards at World Competitive Rates. Rather, I see a special anti-MyADSL PR and legal team running around with an unlimted budget to counter anything we attempt.
 
irrespective of what their PR department do, this complaint will be filed with ICASA, it is done so transparently, and when it is filed, we release a press release to the SA press announcing the contents of the complaint.
A real first for SA - a group of fed up consumers using the system to beat the system.
i mean, who knows, the system could actually work - we just got to test it to the ruddy limit.
 
Nice one once again Peapod

Telkom would be stupid to rather spend money on anti-MyAsdl PR than on the actual ADSL service, I don't think they want to fight their customers. This will just make them realise that people are not going to sit back and accept their current poor service.

When this report is done and published publicly it will make a difference.

We need the Internet, and we must fight for good service.
 
Nice one Peapod.

Could/should we not also include telkom's lack of accountability, i.e. ADSL is a "Best effort" service. We also need some transparency from telkom, for instance contention ratios, port prioritisation ( listed ). I also think that the fact that telkom can change the service as and when they feel like it is unfair business practices and also needs mention.

my 2c worth.

Keep up the good work.
 
Hi Peapod

Excellent work.

I think we all agree that you must be the ‘appointed officer”. If you need an email address or anything else from MyADSL please let me know.

I think one must include the fact that bandwidth is only a 25% part of the full ADSL package, and the rest is not region bound. I don’t know if you have this planned somewhere…

I will be glad to give specific information about the meeting and failure to respond effectively with us as promised by Telkom if you need this.

Regards,

RPM
[email protected]
 
thanks for the vote of confidence guys. I am swamped with a rather pressing research project at the moment but luckily it is allpart of the same thing so hopefully will have some kind of working document together in thenext few days or so. Just bear with me for a bit won't you?
RPM, definitely want to chat but will shout when I am ready to rock and roll.
All the best
 
Good one. Well structured doc. If I can help -&gt; shout.
 
Brilliantly sistematic! I am one of the countless lurkers on this forum who cant wait for the outcome of this! Thanks for everything you guys do for us, the ADSL peeps.

Itinerarium in mentis Deum
 
Why even waste your breath, ICASA is in telkom's back pocket. We will never be saved, unless George W Bush decides to come free us from this regime.

I am busy with the most frustrating problem with telkom at the moment and they just don't give a damn. They have routed Port Elizabeth instead of directly to Pretoria as it was, now via Durban then Cape Town then to Pretoria, adding a total of 100ms to the latency, rendering our conferencing applications, which previously were very successful, completely useless.

Thanks again Telkom/SAIX.
 
donaldpe, i feel your frustration - see topic Miracle of Miracles![xx(]
However I think ICASA <b>is </b>an effective avenue for recourse. As one voice, they can bury an individual in bureaucratic tangling and procrastination, but as a volley from 657 voices, they have absolutely no option but to act decisively.
Our argument with telkom is too strong and too obvious and is fully backed by irrefutable evidence to deny or wiggle out of.
Backed by hard fact <i>in law</i> (constitution, gazetted bills) any failure on ICASA's behalf can be read as an invitation to seek a solution elsewhere OUTSIDE OF THE REGULATED PROVIDERS - in other words, should ICASA and TELKOM not respond within a reasonable timefame, and should we prove that telkom cannot meet market demand (or Sentech for that matter) we can under law seek our own solution.
I don't think that posed with this reality (note I did not say threat) ICASA will fail to act - should we get the complaint just right, it will lead to a hornets nest no matter which way ICASA rule.
<b>One</b>, they rule that Telkom has to come to the party, it sets precident that other complaints of asimilar ilk will have similar results. In order to close that loophole, ICASA will have to lobby for regulatory reform - which takes time and leads to open debate.
<b>Two</b>, they do nothing, and we act outside of licenced providers as per the telecomms act and ICASA's own written guidelines. In other words, open the door for a telkom competitor that is NOT an approved SNO bidder to come in and proivide the services that Telkom can't. This will also lead to massive regulatory reform and, open the floodgates to providers - in other words, make telecomms and broadcasting unregulatable (if there is such a word.)
Complex, but you do see my point right?
 
I am so excited about this , i my self am tired fighting with telkom , and i am glad that you peapod , are doing something about it and i am realy greatfull , i will support this till the end and if any help is required with this please do ask :)
 
peapod, i seriously think this is gonna work !!!! :-) !!!

everybody here is 1000% behind u!!


[:D][:D][:D][:D][:D][:D][:D][:D][:D][:D]

South Africa / Poland / UK
 
Another Avenue - probably suggested already ....

<font size="2"><i><font color="blue">The Competition Commission is a statutory body constituted in terms of the Competition Act, No 89 of 1998 by the Government of South Africa empowered to investigate, control and evaluate restrictive business practices, abuse of dominant positions and mergers in order to achieve equity and efficiency in the South African economy</font id="blue"></i></font id="size2">

http://www.compcom.co.za/

Imho Telkom, ICASA, the government and the whole shooting match are all acting in violation of the law - The Competition Act.



Here is an extract from the Act:


OFFICE OF THE PRESIDENT
No. 1392
30 October 1998
It is hereby notified that the President has assented to the following Act which is hereby published for general information:-
NO.89 OF 1998: COMPETITION ACT, 1998.
(English text signed by the President)
(Assented to 20 October 1998.)
ACT
To provide for the establishment of a Competition Commission responsible for the investigation, control and evaluation of restrictive practices, abuse of dominant, position, and mergers; and for the establishment of a Competition Tribunal responsible to adjudicate such matters; and for the establishment of a Competition Appeal Court; and for related matters.
PREAMBLE
The people of South Africa recognise:
That apartheid and other discriminatory laws and practices of the past resulted in excessive concentrations of ownership and control within the national economy, weak enforcement of anti-competitive trade practices, and unjust restrictions on full and free participation in the economy by all South Africans.
That the economy must be open to greater ownership by a greater number of South Africans.
That credible competition law, and effective structures to administer that law are necessary for an efficient functioning economy.
That an efficient, competitive economic environment, balancing the interests of workers, owners and consumers and focused on development, will benefit all South Africans.
IN ORDER TO-
provide all South Africans equal opportunity to participate fairly in the national economy; achieve a more effective and efficient economy in South Africa;
provide for markets in which consumers have access to, and can freely select the quality and variety of goods and services they desire;
create greater capability and an environment for South Africans to compete effectively in international markets;
restrain particular trade practices which undermine a competitive economy; regulate the transfer of economic ownership in keeping with the public interest;
establish independent institutions to monitor economic competition; and give effect to the international law obligations of the Republic.
 
Hi Guys & gals
Have cleared the deck today to put together all the bits that have been sent my way. Will post a fleshed out doco this evening.
Please - I need all the assistance I can get with validating the document, commentary and general proof reading.
Back online at about 9pm - see you then.
Peapod
 
all this stuff soounds realy good , but we forget that the govermant has they finger in the pie and will do as they please , i have notesed in many cases the law doesnt excist for the Goverment .... they can write laws that make the majority happy becouse they think something is protecting them but othere wise if this law in someway goes against the goverments will itll just backfire , the sad part is that they controll everything here and do what they like no matter what we say
 
If at the moment we do not point fingers at the gov ...and there is no dirt slung that way I believe the goverment will remain quiet and allow Telkom to deal with this business.

However there is also a train of thought that suggests if the gov were to take some heat due to this situation they may force Telkom to concede some ground especially as the votes are being lusted for.
 
Having recently found and now joined MyADSL I would like to add my 'number and voice' to this forum.
Everything I have and am now reading every day encapsulates my entire ADSL experience [an absolutely lousy one in summary]. I can add nothing more it is all being said.
I wonder if the likes of Sentech understand how much of an opportunity they have in capturing [I would venture to say nearly ALL] Telkom ADSL users. Since we all know that Telkom ADSL is overpriced, I am sure Sentech can better it and still have a viable service.
The challenge is will Telkoms largest shareholder [Pretoria] step in to 'protect' its interests [profits] as we are effectively seeing with the whole neverending SNO saga.
I hope and pray for a positive outcome but I have nothing in the confidence bank to support it.
My support to a well structured, honest and extremely urgent ICASA application.

Ken Murdoch
OpenWorld IT Solutions
 
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