Mweb uncapped ADSL is truly uncapped: ASA

[MKFrost]

Did not go through all the replies so sorry for the broken record reply. In my opinion the ASA is also unlimited in their foolishness.

Capped refers to packages that allow you a predetermined amount of data, but terminate connection once you reached this predetermined limit.

If I throttle your speed to say for example 10Kbps then I'm allowing you a only a 'predetermined amount of data' as you will only be allowed to download a predetermined amount of data as from the time I throttled the account.

Also, MWeb has levels they do not disclose. The fact that there are a certain levels mean that there is in actual fact a predetermined level and or amount of data you can download.

When I sent my complaint to ASA against Telkom they ruled that Telkom may not use the term 'unlimited' in their online advertising and was instructed to remove it. Why is MWeb treated otherwise or did I miss something?

 

[Paul Hjul]

the question on unlimited will apply to the term broadband
this ruling actually helps stave off a complaint I have been thinking of bringing against Telkom for using unlimited when throttling to below broadband speeds

MWEB describes their product as uncapped broadband and depend on the ISPA guidelines but don't give core numbers

 

[SHVAK]

Is it me or have they changed their "View full specs" descripition. It is the first time they have mentioned Throttling? If so the action was a success and Mweb just lost a round?

 

[SauRoNZA]

Uhm, this is a Mweb description:

http://www.mweb.co.za/portal_content/uploads/Products_Services/uncapped/MWEB_Uncapped_ADSL.pdf (PDF)

Uncapped ADSL is an unlimited broadband Internet connection that provides always-on connectivity and uncapped data so you can enjoy no restriction on the amount of data you transfer in a month

The ASA is in the wrong here, protecting Mweb. The ASA should clearly understand that this will be now applicable to our IT business, though we do not operate like Mweb.

Well they aren't restricting the amount of data you can transfer in a month so it remains Uncapped exactly as it says.

Even throttled you can carry on into infinity.

 

[SHVAK]

Well they aren't restricting the amount of data you can transfer in a month so it remains Uncapped exactly as it says.

Even throttled you can carry on into infinity.

I think we should be careful with termanology. Uncapped is not unlimited internet. No one in South Africa provides unlimited internet. Unlimited Internet means free of any speed restrictions and the ability to download as much as you want.
Uncapped internet is a South African definition designed to not be bound inpart by international standards.
In the USA the top 5 ISPs have caps set in their T and Cs for their uncapped broadband. They just do not enforce them,
The problem with Mweb is they were champions of unthrottled and then introduced throttling.
What is interesting is in most countries the ISPs have to indicate a cap if it exists in the T & Cs. They however do not have to enforce it. :erm:

 

[rpm]

MWEB uncapped ADSL ASA case (from Sapa)

Two men lost a battle against internet service provider MWEB after claiming the company was misleading customers with its "Uncapped ADSL" offering, the Advertising Standards Authority (ASA) said this week.

According to the ASA's ruling on the matter, posted on its website, complainants Ryan Roxo and Joshua Gilbert were abusing the uncapped offering which was affecting the data consumption of MWEB's other customers.

MWEB explained to the ASA that Roxo's internet usage for the month of January 2012 had amounted to about 818 Gigabytes (GB) of data.

"This could be interpreted as downloading at near maximum speed (which is not likely) for at least 16 hours each day for the entire month, which is virtually impossible without making use of unattended, automated downloads," MWEB said.

Gilbert downloaded approximately 300GB worth of data.

"This would require an average of 15 hours a day spent downloading at near-maximum speed for the entire month."

MWEB said this contravened the Acceptable Use Policy (AUP) which was part of the contract and which both men agreed to.

The policy was put in place to ensure the sustained performance of the service for all its customers.

The men said they received letters from MWEB warning them they had "... repeated instances of continuous bulk downloads over prolonged periods", and that failure to address this would result in "... steps to cancel your service".

They argued that the product should not have been described as "uncapped" if MWEB was monitoring use and terminating connections based on volumes of data consumed.

MWEB said the word "Capped" referred to packages that allowed a customer a predetermined amount of data, and terminated connection once the customer reached this predetermined limit.

"Uncapped" referred to packages where a customer connection was never terminated, irrespective of how much data they used.

However, it was accepted that instances of "throttling" or "shaping" (slowing or delaying service) might well occur at some threshold levels to ensure sustainability of the service for all customers.

"Unlimited" referred to instances where there were literally no limits, ie, no throttling or shaping and no restrictions on use.

MWEB said the abusive manner in which the men exploited the system related to consumer behaviour with regard to uploading and/or downloading, and not the amount of data consumed as such.

The case was dismissed on October 22.

"There is nothing before the directorate to suggest that customers who abide by the respondent's AUP would see their connection terminated for any reason, which in turn means that the references to offering 'Uncapped' internet are not misleading," the ASA ruled.

 

[MagicDude4Eva]

TBH someone with some time should file an appeal. I can only think that the original ASA complaint did not include the necessary details to make an appropriate ruling. Unsure if the complainants went as far as taking advertising material into the complaint. Now Mweb is very quick to label the complainants "internet criminals".

TBH - downloading 300GB of data on a 4MB line does not take much.

 

[ranger]

the question on unlimited will apply to the term broadband
this ruling actually helps stave off a complaint I have been thinking of bringing against Telkom for using unlimited when throttling to below broadband speeds

We don't throttle to below broadband speeds. We would be prepared to submit supporting evidence to ISPA at some point in the near future.

Unfortunately, there may at times be congestion and protocol based shaping, and it is not always trivial for end users to be able to differentiate between the combination of those and throttling.

 

[Necuno]

We don't throttle to below broadband speeds. We would be prepared to submit supporting evidence to ISPA at some point in the near future.

Unfortunately, there may at times be congestion and protocol based shaping, and it is not always trivial for end users to be able to differentiate between the combination of those and throttling.

What is broadband speeds nowadays in RSA?

 

[Paul Hjul]

Telkom Mobile not Telkom Internet - its the unlimited product taking on Vodacom Red

part of the limitless and so on feud .... But basically the throttling on the unlimited data moves it below broadband speeds however Telkom very cleverly does not make any direct indication that the data is "broadband"

both are awesome though