LazyLion
King of de Jungle
OK, here are my comments on this Discussion Document...
1) What kind of representation and input do consumers/customers have with the ISPA and this document? Do they have a say? Are they represented in this matter? Because I am concerned that any document produced by the ISPA will only serve the ISPs interests and profit motive.
2) Why do we need two different definitions for "Uncapped"? Where else in the world do they need two different definitions for Uncapped? What is the precedent for this?
3) Is this compromise on Uncapped Accounts simply to allow room for "fake uncapped accounts" such as M-webs? An account that is advertised using the terminology "use as much as you want", "you will never be cut off", "it's unlimited", "eat all you can", and "freeing the web" ... give the impression that there are no restrictions on such an account. But the reality paints a different picture. The moment you start adding other qualifying adjectives in front of the word "uncapped" then it ceases to be uncapped.
4) Are we not creating a future problem for the industry here, by allowing advertising words to be re-defined to mean something other than their normally accepted usage? Isn't this kind of the same problem that the cellular industry is facing in it's advertising where the terms and technologies are being used to create false/problematic advertising claims? If company A sells a product that is truly uncapped (not restricted in any way except illegal activity - according to your first definition), and then company B comes along and advertises their "uncapped" product for R500 less a month, but it has a very strict AUP that limits the user to a certain level of usage (as per your second definition), then what recourse does company A have against company B? They both want to sell uncapped products, but company B has an unfair advantage because it has re-defined the term.
5) How is 256 kbps any kind of broadband? I don't care what the local authorities have defined it as, the local authorities have proven consistently over the last 15 years that they do not have the consumer's interests at heart, so why should I trust their definitions? 256 kbps is more like "medium to lower end" band, not broadband. The term "broad" implies wide, spacious, greater than average width. But 256 kbps is below the national AND international average. So how is it "broad"?
6) What about that other thorny issue, the capping of local access? Local access was not capped prior to 2005. ICASA then subsequently released their ADSL regulations in which it is specified that "local bandwidth may not be capped". Why don't you also abide by that regulation? Why choose to abide by the definition of 256 kbps as broadband, but you choose to ignore this regulation from ICASA? Why should local access be capped? Why turn a local resource into a scarcity and thereby give the impression that it is a scarce resource? There is no valid reason for local capping.
7) Rather than re-defining the term uncapped (which is obviously controversial), why don't you as the ISPA urge your member ISPs to adopt product terminology such as "High Usage" Accounts or "High Cap" accounts or "Mega Cap" accounts or "Super Usage" accounts? There are a hundred other terms that could be adopted. Mweb's insistence on the usage of the term "uncapped" makes us assume that they want to have their cake and eat it. They want to advertise their product as having a certain benefit, but in reality they want to restrict the consumer from that benefit. That's a little bit unethical isn't it... and frankly I am surprised that you as the ISPA would allow such a situation to arise.
If I think of anything else I will add it later. Thanks for being willing to discuss these issues.
1) What kind of representation and input do consumers/customers have with the ISPA and this document? Do they have a say? Are they represented in this matter? Because I am concerned that any document produced by the ISPA will only serve the ISPs interests and profit motive.
2) Why do we need two different definitions for "Uncapped"? Where else in the world do they need two different definitions for Uncapped? What is the precedent for this?
3) Is this compromise on Uncapped Accounts simply to allow room for "fake uncapped accounts" such as M-webs? An account that is advertised using the terminology "use as much as you want", "you will never be cut off", "it's unlimited", "eat all you can", and "freeing the web" ... give the impression that there are no restrictions on such an account. But the reality paints a different picture. The moment you start adding other qualifying adjectives in front of the word "uncapped" then it ceases to be uncapped.
4) Are we not creating a future problem for the industry here, by allowing advertising words to be re-defined to mean something other than their normally accepted usage? Isn't this kind of the same problem that the cellular industry is facing in it's advertising where the terms and technologies are being used to create false/problematic advertising claims? If company A sells a product that is truly uncapped (not restricted in any way except illegal activity - according to your first definition), and then company B comes along and advertises their "uncapped" product for R500 less a month, but it has a very strict AUP that limits the user to a certain level of usage (as per your second definition), then what recourse does company A have against company B? They both want to sell uncapped products, but company B has an unfair advantage because it has re-defined the term.
5) How is 256 kbps any kind of broadband? I don't care what the local authorities have defined it as, the local authorities have proven consistently over the last 15 years that they do not have the consumer's interests at heart, so why should I trust their definitions? 256 kbps is more like "medium to lower end" band, not broadband. The term "broad" implies wide, spacious, greater than average width. But 256 kbps is below the national AND international average. So how is it "broad"?
6) What about that other thorny issue, the capping of local access? Local access was not capped prior to 2005. ICASA then subsequently released their ADSL regulations in which it is specified that "local bandwidth may not be capped". Why don't you also abide by that regulation? Why choose to abide by the definition of 256 kbps as broadband, but you choose to ignore this regulation from ICASA? Why should local access be capped? Why turn a local resource into a scarcity and thereby give the impression that it is a scarce resource? There is no valid reason for local capping.
7) Rather than re-defining the term uncapped (which is obviously controversial), why don't you as the ISPA urge your member ISPs to adopt product terminology such as "High Usage" Accounts or "High Cap" accounts or "Mega Cap" accounts or "Super Usage" accounts? There are a hundred other terms that could be adopted. Mweb's insistence on the usage of the term "uncapped" makes us assume that they want to have their cake and eat it. They want to advertise their product as having a certain benefit, but in reality they want to restrict the consumer from that benefit. That's a little bit unethical isn't it... and frankly I am surprised that you as the ISPA would allow such a situation to arise.
If I think of anything else I will add it later. Thanks for being willing to discuss these issues.