Fair Use Policy (Fup) Article

[cebu rocks]

My globe plan does throttle me after 1 Gig a day but not a lot and its fine the next day until I hit 1 gig

[Alby]

Why throttle you? That say it's unlimited? :)

May be unlimited means limited here? :)

Screw my English!

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[i am bob]

It's just not the Philippines.

 

There is a company or two doing that in Canada too!

 

:3_8_14[1]:  :th_unfair:  :mocking:

[robert k]

Verizon in the US also. I don't think that issue is resolved yet.

[sjp52]

Here in Canada I have a 300 gb limit per month with my internet provider but any thing I down load between 2am and 7am is not included in that 300 gb limit. This is a great way to resolve the problem of some people using too much bandwith during the day ( like downloading movies and big files ). I wish the phone companies would adopt this idea. 

[MikeB]

The data caps effectively achieve their purpose if they discourage people (devices) off the network completely and I believe to an extent they do. The real problem in the Philippines is there is no penalty for not delivering a basic standard of service. The law establishing the penalty for telcos not meeting certain benchmarks is 78 years old, long before the internet. The per diem penalty limit is p200 - not for each subscriber but total. So they can offer promos and sign up as many customers as they want w/o making necessary network upgrades. Far more profitable to hire a battalion of low-level, low-paid tier one temp employees to answer the help line 24/7 and apologize. There is legislation pending to increase the fine to p50 million. That would be a start.

[JonPalawan]

I find it infuriating that Smart won't tell the details of FUP. I visited Smart store, they sent me to PLDT office where I was assured that I could get the details by calling an 800 number, and I was thrice assured I could call the number from my cell phone. Got home to find the PLDT manager lied, I can't make toll free call from my cell phone.

Smart removes everyone's throttle the first of each month, which means everyone is unlimited for the first portion of a month then one by one, subscribers are throttled. Better would be to use the billing month, so as to stagger the throttling. But, because that would make sense, that's not the way it's done here. Rather, they pick the worst "solution". sjp52's idea of opening the flood gates during early morning makes too much sense, so it'll not even be considered.

[JonPalawan]

Did the telecoms implement the FUPs in response to complaints, or did they just do it (sorry, Phil Knight)? They're following the classic dog in a manger by throttling during the early morning hours: the system is unburdened, but we're not gonno let you use it.

[Call me bubba]

 

All other 'businesses' do it too

Once you realize there is no 'truth in advertising' rules enforced in Philippines you get a clearer understanding of "don'tbelievenunofit"

 

here is the latest article. maybe DAVE they heard you?

 

The Department of Justice (DOJ) on Wednesday issued an advisory warning telecommunication firms to be honest with their advertisements

and to notify consumers of their right to be informed on the details with regard to Internet or mobile services offered to subscribers.

In a nine-page advisory issued by the DOJ’s Office for Competition (OFC), it said that administrative charges might be filed against erring telcos under Republic Act 7394 or the Consumer Act and the Public Telecommunications Policy Act.

 

“Advertisements containing false,

deceptive or misleading information are considered unfair trade practices which can cause economic injury not only to consumers but to the market as a whole,”

the advisory said, a point echoed by DOJ Assistant Secretary Geronimo Sy,

who heads the OFC, adding that broadband speeds levels must be stated in the MINIMUM rather than “up to” with the level of service reliability in the same manner as telcos expect prompt payments.”

 

The advisory said that Internet Service Providers or ISPs utilize affordability and price component to lure or entice consumers to avail of their post-paid and prepaid services even if the Internet broadband connection speed provided is actually slower than indicated in their advertisements.

 

“ISPs promote their services through marketing materials in print, Web posts, television, and radio broadcasts as well as outdoor banners and signages.

In their advertisements and other marketing materials, theses ISPs usually include the phrase “up to xxx Mbps” to indicate the maximum connection speed offering for a certain bundle or plan.

 

However, such practice misleads subscribers into believing that their Internet connection will be as fast as what was advertised but in fact, may actually experience otherwise,” it added.

The OFC also said ISPs must include relevant information on their ads including the minimum speed, the service reliability, and the details on usage limits, including conditions and additional charges to equip consumers with the right knowledge before they decide to avail any of the telco services.

The OFC also said that ISPs fail to properly disclose the implementation of a Fair Use Policy or FUP or the data cap in their advertisements. More often than not, the FUP is written in fine print that is too small for consumers to read or even notice.

 

FUP is being imposed by the companies to give end-users equal opportunities to access their services but heavy Internet users who have exceeded their data limit are expected to experience slow internet connection.

 

The advisory also directed the National Telecommunications Communications (NTC) and the Department of Trade and Industry (DTI) to monitor, enforce as well as implement sanctions under RA 7394 and the Public Telecommunications Policy Act.

 

For your reference:

 

Read Globe’s FUP here.

Read PLDT’s FUP here.

Read SkyBroadband’s FUP here.

Read Smart’s FUP here.

Read Sun Cellular’s FUP here.

Read Wi-Tribe’s FUP here.

 

http://www.interaksyon.com/infotech/doj-warns-telcos-on-internet-speed-be-honest-or-face-administrative-charges

 

 

I find it infuriating that Smart won't tell the details of FUP.

  Jon here is your answer

 

http://pldthome.com/bro/documents/fair-usage-policy

http://www1.smart.com.ph/help/postpaid/article/2012/03/08/postpaid-mobile-internet-fair-use-policy

Edited September 25, 2014 by Pittman apartments Sgn

[Alby]

Thanx Pittman but then who is going to enforce it? :)

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