Failure by the Independent Communications Authority of SA (ICASA) to define what capping is, in terms of the ADSL regulations, makes the provision "ambiguous and unenforceable", says Telkom.
However, the fixed-line operator did not want to challenge the regulations at this stage, Telkom legal representative advocate Nick Maritz told ICASA`s complaints and compliance committee (CCC) yesterday.
Telkom was responding to a complaint brought by Thomas Cleghorne, a Telkom ADSL customer. Cleghorne alleged that Telkom was in breach of section 3.4 of the ADSL regulations, which stipulate "local bandwidth shall not be subject to a cap".
He interpreted this provision to mean that his local bandwidth usage should not be counted towards his monthly Internet usage, and that his local Internet access would be free.
Maritz argued that, in the absence of a regulatory definition of what capping is, Telkom`s meaning - as defined by its contract with customers - should apply. Telkom defines capping as Internet usage, which includes local and international usage, he says.
Maritz also urged ICASA to apply a meaning that is "most favourable to Telkom" when ruling on the matter.
Staying connected
Maritz pointed out that Telkom does not currently cut off ADSL users who exceed their monthly allocated bandwidth, as it does not have the technical capacity to separate local and international Internet access.
However, the fixed-line operator is setting up systems that will enable it to cap international Internet access without cutting off local access.
He also pointed out that Telkom already has an offering geared for local Internet access only, making it easier for customers who do not want to be capped.
Consumers would still have to pay for it, he argued, as ADSL regulations do not provide for free local access, he said.
MyADSL founder Rudolph Muller says he found Telkom`s handling of the situation to be quite unhelpful to the consumer. "Those looking for unmetered, free local bandwidth, similar to the ADSL service when it was launched in 2002, will be disappointed."
He also says ADSL regulations fail to adequately protect consumers by not defining capping, providing Telkom with a loophole.
ICASA spokesman Sekgoela Sekgoela says the CCC will rule on the case after the hearings are completed. The hearings continue today.
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Telkom to comply with ADSL regulations
The full ADSL regulations
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