[kictanet] ISP Advertising Standards: Open Letter to CCK

Thu Sep 13 11:00:31 EAT 2012

It's not tricky, it doesn't make sense! How do you prioritize traffic on
public infrastructure?

Sent on the run,
Please excuse errors & ommissions!
On Sep 13, 2012 10:31 AM, "John Gitau" <jgitau at gmail.com> wrote:

> QOS will be tricky to define for an "Internet service".
>
> Gitau
>
> Sent from my iPad
>
> On 13 Sep 2012, at 10:04, "Grace Mutung'u (Bomu)" <nmutungu at gmail.com>
> wrote:
>
> > In addition, this could also be an issue of quality of service
> > (advertised versus provided service) and the QoS and above quoted
> > Regulations provide that the aggrieved consumer can complain to the
> > Licensee/ISP and if the complaint is not addressed, complain to CCK.
> >
> > 2012/9/13, Victor Kapiyo <vkapiyo at gmail.com>:
> >> Collins, Listers,
> >>
> >> I think it's important to have standards.
> >>
> >> With regard to enforceability, allow me to quote some relevant
> provisions
> >> of the law:
> >>
> >> The Constitution provides for Consumer Protection under Art. 46:
> >>
> >> *46. (1) Consumers have the right—*
> >>
> >> *(a) to goods and services of reasonable quality;
> >> *
> >> *(b) to the information necessary for them to gain full benefit from
> goods
> >> and services;
> >> *
> >> *(c) to the protection of their health, safety, and economic interests;
> and
> >> *
> >> *(d) to compensation for loss or injury arising from defects in goods or
> >> services.
> >> *
> >> *(2) Parliament shall enact legislation to provide for consumer
> protection
> >> and for fair, honest and decent advertising.
> >> *
> >> *(3) This Article applies to goods and services offered by public
> entities
> >> or private persons*
> >>
> >> NB: The Consumer Protection Bill, which is to be enacted pursuant to
> Art 46
> >> (2), is yet to be passed by Parliament.
> >>
> >> In addition, we already have regulations under the Kenya Information and
> >> Communication Act,  i.e. Kenya Information and Communication (Consumer
> >> Protection) Regulations 2010, which is already in force.
> >>
> >> Allow me to quote:
> >>
> >> *"3. Rights and obligations of customers.*
> >>
> >> *(1) A customer shall have the right to—
> >>
> >> (a) receive clear and complete information about rates, terms and
> >> conditions for available and proposed products and services;
> >>
> >> (b) be charged only for the products and services they subscribe to;
> >>
> >> (c) where possible, select a service provider and service of the
> customer’s
> >> choice;
> >>
> >> (d) personal privacy and protection against unauthorized use of personal
> >> information;
> >>
> >> (e) accurate and understandable bills for products and services
> authorised
> >> by the customer, and to fair prompt redress in the event of a dispute in
> >> the provision of the products and services;
> >>
> >> (f) protection from unfair trade practices, including false and
> misleading
> >> advertising and anti-competitive behaviour by licensees; and
> >>
> >> (g) equal opportunity for access to the same type and quality of
> service as
> >> other customers in the same area at substantially the same tariff
> limiting
> >> variations to available or appropriate technologies required to serve
> >> specific customers."*
> >>
> >>
> >> And Rule 23:
> >>
> >> *"23. Offences and penalties.
> >> (1) A licensee who—
> >>
> >> (a) fails to perform the measurement, reporting and record keeping tasks
> >> within the required time;
> >>
> >> (b) fails to reach a target for any of the parameters stipulated under
> >> these Regulations;
> >>
> >> (c) fails to submit, during a time specified by the Commission,
> information
> >> requested by the Commission pursuant to these Regulations;
> >>
> >> (d) submits or publishes false or misleading information about the
> quality
> >> of its services;
> >>
> >> (e) obstructs or prevents an inspection or investigation carried out by
> the
> >> Commission pursuant to these Regulations;
> >>
> >> (f) engages in any act or omission whose effect would be to defeat the
> >> purposes of these Regulations, commits an offence.
> >>
> >> (3) A person who commits an offence under these Regulations shall,
> where no
> >> specific penalty is provided for, is liable on conviction to a fine not
> >> exceeding three hundred thousand shillings or to imprisonment for a term
> >> not exceeding three years or both."*
> >>
> >> As you can see from the foregoing, there are sufficient provisions in
> the
> >> law to regulate licensee conduct with regard to advertising. If these
> were
> >> followed and implemented to the letter by all persons, then we'd have
> more
> >> transparency especially with regard to advertising.
> >>
> >> What would perhaps problematic is the level of disclosure, i.e. what
> would
> >> constitute complete information within the meaning of the law?
> >>
> >> Here, I think that either standards or further guidelines would be
> >> important, to provide clear criteria or guidelines for the class,
> >> elements or type of information that would need to be disclosed to meet
> the
> >> threshold of the provisions so quoted. I think the industry needs to sit
> >> down and agree on this bearing in mind the industry best practices and
> the
> >> practicability of implementing the same in the Kenyan context.
> >>
> >> Victor
> >>
> >>
> >> Sent from my Windows 8 PC <
> http://windows.microsoft.com/consumer-preview>
> >>
> >> *From:* Ali Hussein <ali at hussein.me.ke>
> >> *Sent:* 11 September 2012 21:06:26
> >> *To:* vkapiyo at gmail.com
> >> *CC:* KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke>
> >> *Subject:* Re: [kictanet] ISP Advertising Standards: Open Letter to CCK
> >>
> >> Collins
> >>
> >> Good idea. We could also appeal to APA (Advertising Practitioners
> >> Association) as this also borders on culpability from an advertising
> agency
> >> perspective.
> >>
> >> Ali Hussein
> >>
> >> +254 773/713 601113
> >>
> >> Sent from my iPhone®
> >>
> >> On Sep 11, 2012, at 8:52 PM, Areba Collins [ @BrainiacKE ® ]<
> >> arebacollins at gmail.com> wrote:
> >>
> >>
> >>
> >> Hello listers,
> >> Im following this from a discussion in the other list from one Kelvin,
> his
> >> assertions were:
> >>
> >> I think we need to as a group write a couple of recommendations for the
> CCK
> >>> to rein in ISPs especially how they advertise. This could cover aspects
> >>> such as :-
> >>>
> >>>
> >>>   - Proper disclosure to customers on speeds i.e should Orange
> advertise
> >>>   21mbps and get away with it
> >>>   - Outline whether its shared
> >>>   - Provide figures for the FUP
> >>>   - Disclose whether or not inernet is unlimited
> >>>
> >>> There are some things you wouldnt get away with the FCC in the US .
> >>>
> >>> What are your thoughts ?
> >>>
> >>> Kevin
> >>>
> >>>
> >> I need to hear what CCK has to say about this, I would very much preffer
> >> ISP companies to give full disclosure of what they are selling , using a
> >> standardized nomenclature. Could someone please advise if this is
> >> enforceable?
> >>
> >> Regards,
> >>
> >>
> >> --
> >> *“The twentieth century has been characterized by three developments of
> >> great political importance: the growth of democracy, the growth of
> >> corporate power, and the growth of corporate propaganda as a means of
> >> protecting corporate power against democracy”*
> >>
> >> _______________________________________________
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> >>
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> >>
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> for
> >> people and institutions interested and involved in ICT policy and
> >> regulation. The network aims to act as a catalyst for reform in the ICT
> >> sector in support of the national aim of ICT enabled growth and
> >> development.
> >>
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> >> online that you follow in real life: respect people's times and
> bandwidth,
> >> share knowledge, don't flame or abuse or personalize, respect privacy,
> do
> >> not spam, do not market your wares or qualifications.
> >>
> >>
> >> _______________________________________________
> >> kictanet mailing list
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> >>
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> >>
> https://lists.kictanet.or.ke/mailman/options/kictanet/vkapiyo%40gmail.com
> >>
> >> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform
> for
> >> people and institutions interested and involved in ICT policy and
> >> regulation. The network aims to act as a catalyst for reform in the ICT
> >> sector in support of the national aim of ICT enabled growth and
> >> development.
> >>
> >> KICTANetiquette : Adhere to the same standards of acceptable behaviors
> >> online that you follow in real life: respect people's times and
> bandwidth,
> >> share knowledge, don't flame or abuse or personalize, respect privacy,
> do
> >> not spam, do not market your wares or qualifications.
> >>
> >
> >
> > --
> > Grace L.N. Mutung'u (Bomu)
> > Kenya
> > Skype: gracebomu
> > Twitter: @Bomu
> > Website: http://www.diplointernetgovernance.org/profile/GraceMutungu
> >
> > _______________________________________________
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> >
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> >
> > The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform
> for people and institutions interested and involved in ICT policy and
> regulation. The network aims to act as a catalyst for reform in the ICT
> sector in support of the national aim of ICT enabled growth and development.
> >
> > KICTANetiquette : Adhere to the same standards of acceptable behaviors
> online that you follow in real life: respect people's times and bandwidth,
> share knowledge, don't flame or abuse or personalize, respect privacy, do
> not spam, do not market your wares or qualifications.
>
> _______________________________________________
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> Unsubscribe or change your options at
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>
> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform
> for people and institutions interested and involved in ICT policy and
> regulation. The network aims to act as a catalyst for reform in the ICT
> sector in support of the national aim of ICT enabled growth and development.
>
> KICTANetiquette : Adhere to the same standards of acceptable behaviors
> online that you follow in real life: respect people's times and bandwidth,
> share knowledge, don't flame or abuse or personalize, respect privacy, do
> not spam, do not market your wares or qualifications.
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