Open Letter to ICASA: Feedback Please

rpm

rpm

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Hi folks

Here is a draft copy of an open letter to ICASA. Please give your feedback and/or amendments to the letter (must definitely not be too long, but if you feel something should be included please let us know).

Regards,

RPM

“Dear Sir/Madam

As MyADSL we feel strongly that no private meeting or other correspondence regarding the recently released ADSL Finding Report or regulation making process should be entertained between ICASA and Telkom. If there is a need for further investigations this process should again be public where all role players can state their case.

We also do not see the need to give Telkom any special treatment. They have had two opportunities to explain their position at the public ADSL hearings in April, and failed to justify the exorbitant cost of ADSL in South Africa. Now that the ADSL Findings Report reflects negatively on their service offering they threaten legal action, criticize ICASA and even require special treatment.

To entertain only Telkom in such meetings or correspondence will give ICASA a subjective view on the whole issue. If there is a new submission or meeting between Telkom and ICASA, all the main role players, including MyADSL, MTN-NS, IS, ISOC and MWeb should be given a chance to scrutinize Telkom’s new submission and give their view on the matter to ensure objectivity and a fair hearing.

Thanks and regards,

Rudolph Muller
On behalf of MyADSL”
 
Excellent, rpm, just make sure you give some stats and some 1st hand evidence to seal the deal.
Make a table or graph showing the increase in profit and other isp's within africa and thier prices :o
 
As I understand, the parties where invited to submit written submissions before the hearings, and Telkom had the opportuinity to submit further written submissions afterwards.

If my memory serves me correctly, it means that Telkom had many opportunities to present data to ICASA.

Anyway, the letter seems fine.
 
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Click "Send" as is :)

I don't believe we should insult ICASA's intelligence by re-iterating stats or facts that they already know.

I think the potential reasons that will be listed by Telkom for needing a private meeting will be:
- Competive secrets.
- The other stakeholders are not reasonable, but rather angry and subjective.
- The other stakeholders do not understand the complexities of running a PSTS.

To head off the above - bogus - reasons, I propose adding a statement along the lines of:

"Given Telkom's medium-term monopoly on ADSL provision, we feel there can be no competitive reasons for excluding public and business stakeholders from discussions between ICASA and Telkom.
We are not interested in a mud-slinging affair, but seek to reach a mature, socially responsible outcome with Telkom through ICASA's objective and reasonable arbitration"

That last sentence should firstly show that we want to negotiate with Telkom in a reasonable fashion, and it also serves to remind ICASA of their duties to be objective and reasonable ;)
 
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great

could if wanted also add that all parties, including Telkom, will have further opportunity to comment on the draft regulations to be released by ICASA pursuant to the release of the Findings Document
 
Hi folks

Letter sent to Mr. Mashile, Ms. Mohlala & Ms. Ngoasheng. I will inform you about any feedback.

Regards,

RPM
 
RPM you have my thumbs up :).

The objective here being to engage ICASA WRT our concerns about talks behind closed doors with TelkoDemonopoly, before TelkoDemonopoly has managed to carve out & engrave ICASA's grave stone and bury ICASA alive at the same time...:(
 
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Too late for me to suggest :-

Now that the ADSL Findings Report reflects negatively on their service offering they threaten legal action, criticize ICASA and even require special treatment.
Click to expand...

changes to :-

Now that the ADSL Findings Report reflects negatively on their service offering they threaten legal action, criticize ICASA and then request special treatment.
Click to expand...
 
Nice RPM - Here is my version. Alot of it is semantics take them or leave them. However one point I feel quite strongly about is the fact that Telkom has already made this a public issue by speaking though the media.

-----------------
As representatives of MyADSL we feel strongly that private communication regarding the recently released ADSL Finding Report should not take place between ICASA & Telkom. This also applies to the forthcoming regulation making process. If consultants are to be appointed for this task it would give them credibility if the consultant’s profiles were to be made public.

If there is a need for further debate this process should again be public where all role players are given the opportunity to state their case.

Furthermore, we see no need to give Telkom any preferential treatment. They had at least two opportunities to explain their position during the public ADSL hearings held in April, and failed to justify the exorbitant cost of ADSL in South Africa. Since the ADSL Findings Report was released with, what in our view is completely justified criticism of their service offering, they have threatened legal action, criticized ICASA and even sought preferential treatment. It is important to note the Telkom have carried out these actions in a very public way and in strong words though the media. This establishes that they have no objection to the public having access to information on these issues. If Telkom’s objective in communicating through the media was not for the purpose of distorting the public’s view of the situation then it should welcome any further public debate on the matter. Telkom should not be seeking secret or closed meetings with yourselves.

Private meetings between Telkom & ICASA will invalidate them as this issue is one of a public nature. If Telkom does not agree with the findings of the report and feels that anything was misunderstood in the previous hearings held then a new round of public hearings / submission needs to be initiated including all of the major role players, including Telkom, ICASA, MyADSL, MTN-NS, IS, ISOC and MWeb..
---------------------

I think it would be important to site instances of Telkom's statements in the media.
 
nice one byrd, but wheres the evidence
"ADSL hearings held in April, and failed to justify the exorbitant cost of ADSL in South Africa"
Get some data and present so theres good evidence to shut these guys down!
 
Byrd said:
Private meetings between Telkom & ICASA will invalidate them as this issue is one of a public nature. If Telkom does not agree with the findings of the report and feels that anything was misunderstood in the previous hearings held then a new round of public hearings / submission needs to be initiated including all of the major role players, including Telkom, ICASA, MyADSL, MTN-NS, IS, ISOC and MWeb..
Click to expand...

Telkom had the chance to lay their cards on the table, they declined. A new round of public hearings will just drag things out further. If ICASA grants Telkom a meeting then representatives of all parties involved at the recent hearings should be present.
 
If TelkoDemonopoly has something to say, then they must do so publically before ICASA can consider it to be something other than an attempt to derail everything and undermine ICASA's own mandate and authority...TelkoDemonopoly had plenty of chances to co-operate with ICASA's enquiries prior to the public hearings, and then during the public hearings to publically state their case, and TelkoDemonopoly were unable to justify their own business practices in the presence of public scrutiny...

To TelkoDemonopoly I suggest that it waits for the ADSL regulations that ICASA is required to produce, and once the regulations are in effect, TelkoDemonopoly can lodge a written complaint of their own with ICASA, and then ICASA can subject TelkoDemonopoly's complaint to the same arduous process that MyADSL members had to endure for soo long, that would IMO demonstrate no special treatment for the monopoly.
 
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