Johannesburg, 01 Jun 2007
A consumer group is urging broadband consumers to band together on a specific day to access free local bandwidth from Telkom, arguing that the law entitles them to it.
While Telkom says customers who are dissatisfied with its ADSL provisioning should complain to the Independent of the Communications Authority of SA (ICASA), the regulator refuses to get involved in the matter.
"It's a commercial matter between Telkom and its customers, and we cannot intervene until someone officially complains," it says.
In an unsigned letter that does not provide the names of the organisers, the "Free Bandwidth Campaign" urges broadband users to download testing software that will allow them to access free bandwidth at the end of June.
All the computers hosting this software will act in unison on 30 June to connect users to local sites to download as much content as possible, the campaign organisers say.
They argue that consumers are entitled to this free bandwidth, as "monthly bandwidth allocations are legally not supposed to include local surfing". Also, Telkom has repeatedly argued its network could not possibly support the access of free local content. The exercise will test the truth of this position, the organisers say.
Toothless regulator
Telkom, however, argues it is unfair for consumers to target it directly. Dissatisfied customers should take up the matter with ICASA, a spokesman says.
ICASA spokesman Jubie Matlou adds that Telkom must have a policy for non-paying customers. The provisions in its licence will guide the policy, he says.
He adds that ICASA cannot intervene in the matter, unless a complaint is officially lodged.
Rudolph Muller, founder of MyADSL, says members of the advocacy organisations have already lodged numerous complaints with ICASA over Telkom's failure to comply with ADSL regulations. The regulations went into effect last year in April.
ICASA convened a meeting between Telkom and MyADSL to try to sort out the problems before they are put before the regulator's Consumer Complaints Commission, he says. However, Telkom refused to commit to either lift local bandwidth allowances to 30GB as an interim compromise, or even open local Web sites to capped users, he says.
Telkom also said it would comply with ADSL regulations by November this year, 19 months after the regulations went into effect, he says. Muller adds Telkom's failure to comply with clearly stated provisions shows complete disregard for the ADSL regulations.
"They see ICASA as a toothless regulator that can't enforce the regulations. If ICASA levied a huge fine on Telkom for every day Telkom fails to comply with regulations, you'd see a much more compliant company."
He says ICASA should decide whether local bandwidth should be free. However, ADSL regulations clearly state local bandwidth shall not be capped, he says. "We certainly believe local bandwidth should be uncapped, unmetered and free."
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