The Internet Service Providers’ Association (ISPA) has called on
Telkom SA to allow ISPs other than Telkom Internet to participate in
the recently-commenced trial to test digital subscriber line (DSL)
services of 20 megabits per second (Mbps) and 40Mbps. The trial started
on 3 September 2012 and is scheduled to run until 31 January 2013.
Telkom SA is a wholesale provider of DSL services to ISPs in South
Africa, one of which is its own ISP, Telkom Internet. Telkom SA, as the
wholesale provider, has refused requests from ISPA members to
participate in the trial, raising a concern that the majority of ADSL
users in South Africa will not benefit from the technical and other
insights obtained into high speed DSL services.
“There is a technical difference in the way in which Telkom makes
wholesale DSL services available to Telkom Internet as opposed to other
ISPs obtaining the same services. While Telkom Internet has a direct
link into SAIX, other ISPs are required to use the IP Connect or IPC
product to take up wholesale DSL.
ISPA questions whether the trial would be capable of achieving its
stated objectives of testing cost assumptions and technical issues
given the narrow manner in which it is being conducted,” said ISPA
regulatory advisor Dominic Cull.
Telkom SA has been reported as stating that the reasons for
excluding all ISPs other than its own from the trial were technical and
that they had to balance inclusion against their desired outcomes.
ISPA’s position is that it must surely be a desired outcome for all DSL
subscribers to be provided with upgraded services as quickly as
possible and that this is an outcome which will not be achieved by
testing only the direct link and not the IPC model.
“Innovation and price reductions have been led by ISPs other than
Telkom Internet, and the experience of these ISPs in uncapped data
provision, content management and rich media would enhance the
evaluation of the new services and contribute to their successful
deployment”, said Cull.
ISPA further expressed surprise that Telkom SA had adopted an
exclusive approach given the recent Competition Tribunal judgement
against it.
Notwithstanding that Telkom SA has indicated its intention to appeal
such judgement, it is clear that both Telkom SA and the Tribunal
accepted that Telkom SA’s DSL network was an “essential facility” for
the purposes of the Competition Act.
“There can be little doubt that this approach will provide a
competitive advantage to Telkom Internet, allowing it to obtain
knowledge of the new services not available to its competitors while
gaining market share in what is a highly-competitive market. While
Telkom has previously expressed its commitment to enabling fair
competition in the downstream services market, its conduct indicates
otherwise. Our view is that this will be to the detriment of consumers,
competition and innovation,” Cull concluded.

