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 

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@lists.kictanet.or.ke> wrote:
I agree with @John Walubengo. 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@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@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




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@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).



Victor Kapiyo
Partner | Lawmark Partners LLP
Suite No. 8, Centro House, Westlands, Nairobi | Web: www.lawmark.co.ke 
====================================================
“Your attitude, not your aptitude, will determine your altitude” Zig Ziglar

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