[kictanet] MPs open probe on data expiry, Safaricom Bonga points

Wed Nov 30 20:40:34 EAT 2022

Barack,

We can't argue from both sides of our mouths....one one hand say that data
should expire so that the infrastructure use is optimized, on the other
hand, punish those who are using the infrastructure, by throttling. Choose
one struggle.

Of course throttling is mostly illegal from a network management
perspective. In the US, the FCC made this clear via the Open Internet Order
of 2015.

Locally, it would seem KICA regs have yet to get throttling rules, but
nonetheless, the practice is manifestly illegal under the Consumer
Protection Act, 2012 for False Advertising and Misrepresentation.

You cannot purport to offer, and proceed to provide, someone with a 10Mbps
link, for a period of one month, and then later decide to degrade that to
1Mbps, for "traffic management" reasons. That is misrepresentation and
false advertising/fraud...and could be tantamount to unconscionable conduct.

@Walubengo J <jwalu at yahoo.com>

The expiry of Bonga points more closely tracks that of airline miles, not
the tickets. Tickets on the face of them, typically have the dates you wish
to travel on them, and under fair contract rules, the airline is only
expected to keep that ticket valid for the price you paid for a certain
period. Hata, quotations we send usually have a valid period, because
prices may be subject to change (inflation, global upheavals etc).

However, the earned airline miles, continue to exist even after you have
used the ticket. Same with Bonga Points which persist after you have used
the airtime you bought to earn them.

I also note this para in the BD story: "The value of outstanding or
unredeemed points has been going up over the years—hitting Sh4.5 billion in
March 2022 from Sh3 billion in 2015— despite the company expanding the
options for redemption to include the purchase of shares at the Nairobi
Securities Exchange (NSE), airtime, phones and even flight tickets."

Just the fact that you cannot convert them to shares at the NSE, presumably
making them legal consideration, and those shares can subsequently be
surrendered to UFAA if unclaimed, tells me, that Bonga points should be
considered unclaimed assets and given the same treatment. And surrendered
to UFAA.

Regards.

JG

On Wed, Nov 30, 2022 at 12:46 PM Barrack Otieno via KICTANet <
kictanet at lists.kictanet.or.ke> wrote:

> I agree with @John Walubengo <jwalubengo at kictanet.or.ke>. Sustainability
> is a key issue for any infrastructure or application service provider. I
> guess it is a component of digital literacy that end users should be made
> aware of continually.
>
> Best Regards
>
> On Wed, Nov 30, 2022 at 8:48 AM David Indeje via KICTANet <
> kictanet at lists.kictanet.or.ke> wrote:
>
>> Should Internet Data Bundles Expire? This week’s article by Mr John
>> Walubengo reviews the issues from the customers’, mobile operators, and
>> regulatory (and legal) points of view. https://bit.ly/3ONagcU
>>
>> On Mon, Nov 28, 2022 at 11:22 AM Ali Hussein via KICTANet <
>> kictanet at lists.kictanet.or.ke> wrote:
>>
>>> Victor
>>>
>>> Thanks for sharing this. This is what happens when we lack a clear
>>> policy on Net Neutrality and the usage in general. What the lawmakers are
>>> doing is what we in Kiswahili call 'kutapatapa' or in English to be all
>>> over the place.
>>>
>>> Let this be something that we as an industry take up with the lawmakers
>>> and work with them to come up with solid policies to address this issue.
>>>
>>> Regards
>>>
>>> *Ali Hussein*
>>>
>>> Fintech | Digital Transformation
>>>
>>>
>>> Tel: +254 713 601113
>>>
>>> Twitter: @AliHKassim
>>>
>>> LinkedIn: Ali's Profile <http://ke.linkedin.com/in/alihkassim>
>>> <http://ke.linkedin.com/in/alihkassim>
>>>
>>>
>>>
>>>
>>> Any information of a personal nature expressed in this email are purely
>>> mine and do not necessarily reflect the official positions of the
>>> organizations that I work with.
>>>
>>>
>>> On Sun, Nov 27, 2022 at 4:40 PM Victor Kapiyo via KICTANet <
>>> kictanet at lists.kictanet.or.ke> wrote:
>>>
>>>> Parliament will probe telecommunications firms for imposing expiry
>>>> dates on data bundles, airtime and loyalty programmes such as Safaricom’s
>>>> Bonga Points, setting the stage for a fresh battle between the lawmakers
>>>> and the operators.
>>>>
>>>> The National Assembly’s committee on Communications, Information and
>>>> Innovation says it will also inquire into the widespread Internet speed
>>>> throttling practice by internet service providers (ISPs).
>>>>
>>>> *Read more: *
>>>> https://www.businessdailyafrica.com/bd/economy/mps-open-probe-on-data-expiry-safaricom-bonga-points--4032338
>>>>
>>>>
>>>> *Victor Kapiyo*
>>>> Partner | *Lawmark Partners LLP*
>>>> *Suite No. 8, Centro House, Westlands, Nairobi | **Web:
>>>> www.lawmark.co.ke <http://www.lawmark.co.ke> *
>>>> ====================================================
>>>>
>>>> *“Your attitude, not your aptitude, will determine your altitude” Zig
>>>> Ziglar*
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>
>
> --
> Barrack O. Otieno
> +254721325277
> +254733206359
> Skype: barrack.otieno
> PGP ID: 0x2611D86A
>
>
>
>
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>
> KICTANet is a multi-stakeholder Think Tank for people and institutions
> interested and involved in ICT policy and regulation. KICTANet is a
> catalyst for reform in the Information and Communication Technology sector.
> Its work is guided by four pillars of Policy Advocacy, Capacity Building,
> Research, and Stakeholder Engagement.
>
> 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.
>
> KICTANet - The Power of Communities, is Kenya's premier ICT policy
> engagement platform.
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