Please help me in showing that the SA telecoms consumer has a voice and will not be bullied by companies who think they have the power to make the rules. You can follow the 3 easy steps below.

If you have been following iBurst’s circus tricks in the last few weeks you will already be pissed off enough, so just skip to the Submit Your Complaint Now section.

My summary: iBurst seems to think they need to do the job of the telecoms regulator (ICASA). They also seem to think that spreading FUD (fear, uncertainty and doubt) and disinformation is easier than competing in an open market with well informed customers. iBurst uses the ISM (license exempt) frequency bands (5.8Ghz) but do not want to share this (national) resource with the rest of the networks. Telkom, Vodacom and iBurst are all on the same team. The SA consumer should demand real choice from independent providers motivated to provide good service in an environment with healthy competition.

Time to stand up and speak out. Please add a comment to this posting once you have followed the 3 steps. Thanks.

Submit Your Complaint Now

1. Go to http://www.ispa.org.za/code/coc-complaint.shtml

2. Fill in the required details..
Name of ISP: iBurst
Code of Conduct section: 4-6

3. In the box which states “Please provide specific information in regard to your complaint” cut and paste the text below (amended as you please).

As has been widely reported in the media iBurst (Pty) Ltd, which is listed
as a “Small” ISPA member, created and caused the distribution of 140 000
pamphlets containing allegations that another ISPA member, Aerosat, was -
. “NOT LICENSED to sell Internet connectivity”
. “[not the holder of] an Electronic Communications Service licence”
. “[an] illegal fly-by-night operator[s] who will leave you and your
business stranded without internet connectivity”

None of these statements is true. “Electronic Communications Service”
licences do not yet exist.

The pamphlets were distributed to households throughout Port Elizabeth between 19 and 21 February 2007. After iBurst at first denied knowledge and then refused to deny involvement Aerosat obtained an Urgent Interim Order from the High Court preventing further statements of alleged illegality in advertising created by iBurst.

The pamphlets make extensive reference to ICASA and action which it is allegedly taking. When contacted ICASA had no knowledge of either the pamphlet or the alleged action it was taking.

The simple and unavoidable truth of the matter is that Aerosat is a competitor of iBurst’s in the Port Elizabeth area and that this pamphlet campaign was undertaken with the primary purpose of unfairly and unlawfully gaining competitive advantage.

It is noteworthy that iBurst has previously approached Aerosat with a view towards some form of co-operation and the obtaining of the assistance of Aerosat in maintaining iBurst’s network in Port Elizabeth. The parties met to this effect in 2006 and, as recently as January 2007, iBurst had extended a cordial invitation to Aerosat to meet with its Managing Director.

Aerosat has not, at the time of lodging this complaint, instituted any further legal action.

A copy of the flyer can be accessed at:

http://mybroadband.co.za/vb/attachment.php?attachmentid=65&d=1172236275

Media articles concerning the matter can be accessed at:

http://www.theherald.co.za/herald/news/n07_26022007.htm

http://www.mybroadband.co.za/nephp/?m=show&id=5742

http://www.mybroadband.co.za/nephp/?m=show&id=5774

http://www.mybroadband.co.za/nephp/?m=show&id=5758

Given the above we believe in good faith that iBurst has breached section 7 of the ISPA Code of Conduct, which states:

“7. In their dealings with consumers, other businesses, each other and ISPA, ISPA members must act fairly, reasonably, professionally and in good faith. In particular, pricing information for services must be clearly and accurately conveyed to customers and potential customers.”

The pamphlet utilised intellectual property in which Aerosat has common law intellectual property rights.

No authorisation was given for this use.

Given the above we believe in good faith that iBurst has breached section 20 of the ISPA Code of Conduct, which states:

“20. ISPA members must respect intellectual property rights and not knowingly infringe such rights.”

The pamphlet breaches at least the following sections of the Advertising
Standards Authority of South Africa (ASASA) Advertising Code – see

http://www.asasa.org.za/Default.aspx?mnu_id=13:

. Section 1.1 – All advertisements should be legal, decent, honest and
truthful.
. Section 1.3 – All advertisements should conform to the principles of
fair competition in business.
. Section 3.1 – Fear Advertisements should not without justifiable
reason play on fear.
. Sections 4.1.1 & 4.1.2 Substantiation
4.1.1 Before advertising is published, advertisers shall hold in their
possession documentary evidence as set out in Clause 4.1, to support
all claims, whether direct or implied, that are capable of objective
substantiation.
4.1.2 Documentary evidence, whether in the form of survey data or any
other documentation, shall be up to date and current, and shall have
market relevance.
. Sections 4.2.1 Misleading Claims
Advertisements should not contain any statement or visual presentation
which, directly or by implication, omission, ambiguity,
inaccuracy, exaggerated claim or otherwise, is likely to mislead the
consumer.
. Section 6 – Disparagement
6.1 Advertisements should not attack, discredit or disparage other
products, services, advertisers, or advertisements directly or
indirectly.

Given the above we believe in good faith that iBurst has breached section 9 of the ISPA Code of Conduct, which states:

“9. ISPA members must comply with all compulsory advertising standards and regulations.”

You can also submit your complaint to: http://www.asasa.org.za/Complaint.aspx