My 2 cents…

Let’s admit that demand for services is at such an accelerated mode that
policies and legislation are playing catch-up. Whilst innovated services
are at the 100th rung up the ladder, rules are not even settled at the 1st!

*Expired Bundles*
From a user’s perspective, as @walu put it, *my money my bundles*… We
need to appreciate that when we buy bread, we don’t argue with Supa Loaf et
al why they have put an expiry date on the loaf.

On a personal level, I did make a lot of noise at AIRTEL sometime ago on
this issue and I felt jilted. However, after the bitterness ebbed off and
sanity return, the bread analogy helped me appreciate.

However, having said that, the telcos need to be fair too. Why would one
having 100GB of mobile data not be allowed to sambaza the same to others
yet if he doesn’t finish them get them expired? So dear telcos, while we
are on this, we expect you to allow us to use our data as we choose (i.e.
within the confines of the law).

*Bonga Points*
SAFCOM again needs to be sensitive on this. There should be a drive to
encourage users to redeem their points e.g. issuance of phones, bill
payment etc.

To quote the saying, “do well by doing good”. Telcos need to make this
their mantra. To have you guys listed as the best tax payers, most
profitable company… Yet be seen to be squeezing the life off your
subscribers is a bitter pill to swallow.

*Policy drivers*
KICTANET has set the bar in as far as policy making in matters ICT are
concerned. We should take this on and unpack it the best way that only
KICTANET can. Once done, seek audience with the telcos and legislators.
With all due respect to our legislators, they need to stand down an let
this be done professional. Knee jerk reactions never resolved matters.

Good night

On Wed, Nov 30, 2022, 20:41 James Mbugua via KICTANet <
kictanet@lists.kictanet.or.ke> wrote:

> 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@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@lists.kictanet.or.ke> wrote:
>
>> I agree with @John Walubengo <jwalubengo@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@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. 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 <ke.linkedin.com/in/alihkassim>
>>>> <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@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: *
>>>>> 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 <www.lawmark.co.ke> *
>>>>> ====================================================
>>>>>
>>>>> *“Your attitude, not your aptitude, will determine your altitude” Zig
>>>>> Ziglar*
>>>>>