The full ADSL regulations

Section 2: fees and charges
Section 3: consumer protection issues

Section 4: throughput speeds

Section 5: port prioritization

Section 6: key performance indicators

Section 7: 24 hour ADSL service reset

Section 8: service level agreements

Section 9: repeal and amendment of regulations

 

 

The full version of ICASA’s ADSL regulations are now available

Officially termed the “regulations regarding the provision of asymmetrical digital subscriber line (ADSL) services,” the opening page features ICASA chairperson Paris Mashile’s signature under a paragraph stating that the following determinations have been approved.

While section one deals with the definition of terms, the regulations are covered in sections two to nine.

 

Section 2: fees and charges

2.1 – The structure of an ADSL tariff shall comprise of an installation and bringing into service charge, a monthly rental for provisioning and maintenance of ADSL lines and a bandwidth charge.

2.2 – The installation charge shall be levied once off at the inception of the services.

 

Section 3: consumer protection issues

3.1 – Subscribers who enlisted for the ADSL service prior to the introduction of the monthly cap shall have an election to abide by, terminate the contract for the service upon notice to the Telkom, SNO or ISPs or vary the terms and conditions in relation to the monthly cap.

3.2 – Subscribers that have reached the monthly cap shall be allowed to top-up their monthly cap without the need to purchase a new user account. This provision shall not in any way be used to prevent subscribers who choose to purchase new accounts once their monthly cap has been reached from doing so, should they wish to do so.

3.3 – Telkom, SNO and ISPs shall inform subscribers, at least on a weekly basis, of their bandwidth usage until the monthly cap has been reached.

3.4 – Local bandwidth usage shall not be subject to the cap

3.5 – Telkom or SNO shall publish updated information on ADSL-enabled exchanges in the white pages of the telephone directory or electronic directory

3.6 – Telkom or SNO shall install the ADSL service within thirty (30) working days of receipt of an application if the applicant qualifies and resides within an ADSL-enabled exchange area.

 

Section 4: throughput speeds

4.1 – Telkom, SNO and ISPs shall guarantee minimum broadband speeds for the ADSL service in order to ensure that the service does not lose its broadband character

4.2 – Any services provided with speeds lower than those defined as broadband [minimum download speeds of 256Kbps] shall not be advertised as broadband services.

 

Section 5: port prioritization

Telkom, SNO and ISPs shall not be allowed to impose port prioritization on their subscribers.

 

Section 6: key performance indicators

6.1 – Telkom, SNO and ISPs shall, on a quarterly basis, publish on its website the contention ratio as a commitment to good business practice.

6.2 – Telkom, SNO and ISPs shall publish on its website, on a quarterly basis, key performance indicators comprising of at least packet losses, average latency and jitter for the provided ADSL service as a commitment top good business practice.

 

Section 7: 24 hour ADSL service reset

7.1 – Telkom, SNO and ISPs shall not periodically reset the ADSL service.

7.2 – Any reset required for the service maintenance shall be done with a prior notification of at least seven (7) days to the subscribers and by notification on the website.

 

Section 8: service level agreements

Telkom, SNO and ISPs shall enter into service level agreements with subscribers. Such agreements shall determine among others:

  (i) complaint processes and procedure
 
(ii) dispute resolution mechanisms
 
(iii) turn around time in effecting repairs
 
(iv) penalties for failure to effect repairs in time and issues related thereto
 
(v) guaranteed minimum downstream data rate for local loop length of a given distance

The Authority may, at the request of any party wishing to conclude a service level agreement contemplated herein, intervene to resolve any dispute in instances where a service level agreement cannot be concluded within sixty (60) days.

 

Section 9: repeal and amendment of regulations

This regulation shall not in any manner be construed to repeal and amend the price cap regulation or any other regulation.