Debbie
Banned
qDot said:Debbie Please check the second document on
http://www.icasa.org.za/Documents.aspx?Page=43
Is that the document you are looking for ?
I think what you are (NOT) looking for is on page 15 ??
Thanks so much qDot, that was exactly what I was looking for.
Ok, for anyone seriously wanting to put ICASA into a bind on this Nov 1 thing, this is what you need to do:
You need to draft a complaint to Icasa charging that, should Telkom go ahead with the price changes of 1 Nov, then it will potentially violate Icasa and ministerial-approved regulations. The regulations I am referring to are those which the minister signed in June of this year and gazetted on 6 July - I am unsure of the date or name of the regulations, but it is the document which approved the new price-cap fomula of <CPI - 3,5%>.
According to these new regulations, Telkom's ADSL service is placed within the basket (more specifically, the "residential sub-basket"), and thus ADSL is subject to the further price-control regulations. In other words, Telkom may not increase the price of the basketed services by more than CPI - 3,5 %. Telkom filed it's new tariffs in August this year, and in this filing they did not include a price change to ADSL. Telkom now, after the deadline for filing new tariffs has passed, want to change the price stricture of a component of ADSL.
There are thus a few things that you need to argue:
1) You must make it clear that bandwidth would be included in the basket definition provided for in the regulations - it talks of "the provision and maintenance" of ADSL services. Bandwith is thus an essential part of ADSL, and would be part of the "provision" of ADSL (i.e. you cannot have the ADSL service without bandwidth). Furthermore, despite the fact that other service are explicitly said to be excluded from the basket, bandwidth is NOT explicitly said to fall outside the basket.
Right, so now you have argued that bandwidth is subject to the price cap. Next step:
2) You need to argue that Telkom missed the deadline for filing new tariff increases. Telkom did not file for the new increases in July/August 2005, when they filed their new tariff structure. Telkom has missed the deadline to increase the price of an item with is a component of the basket. Therefore Telkom's new bandwith tariffs are illegal.
Next:
3) In changing the price of bandwidth, is Telkom within the price-cap regime regulations? In other words, when one looks at how much Telkom has changed their prices (year-on-year) - how much they increased their prices this year - does it satisfy the formula CPI - 3,5% (where CPI is the CPI used in filing the September increases)? Perhaps you yourself could do the maths behind this, although I don't think it is to much to ask Icasa for proof that the new bandwidth prices indeed satisfy the price-cap regime.
4) A forth point you can make is to bring up the additional price-cap imposed on individual services. I *think* that there is a limit imposed on the percentage that Telkom is allowed to increase the price of any individual item on the basket, and I *think* this limit is 5%. In other words, the law says that Telkom may not increase the price of an individual basketed item by more than 5%. You need to do the maths and show that, in certain instances, Telkom's new prices are to be increased by more than 5%.
Thats what you need to do. Remember that when lodging a complaint with Icasa, you need to hound them about it (follow-up calls, pressure etc).
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