A blogger's draft memorandum order on minimum speed of broadband connections

Editor's note: Blogger Jester in Exile is an engineer and law student who has been discussing the possible scenarios of internet broadband connections in Plurk (here and here) and Twitter. I thought his ideas were brilliant and suggested that he write it down. Instead, he offered something better, a more cohesive draft recommendation than the one proposed by the National Telecommunication Commission. Compare Jester's draft below with the NTC draft memo. Please join the petition to "No to broadband cap, yes to #betterinternet in the Philippines".

MEMORANDUM ORDER
No. ______________________

SUBJECT: MINIMUM SPEED OF BROADBAND CONNECTIONS

WHEREAS, the 1987 Constitution fully recognizes the vital role of communications in nation building and provides for the emergence of communications structures suitable to the needs and aspirations of the nation;

WHEREAS, the promotion of competition in the telecommunications market is a key objective of Republic Act No. 7925 (RA7925, for brevity), otherwise known as The Public Telecommunications Policy Act of the Philippines, which mandates that “a healthy competitive environment shall be fostered, one in which telecommunications carriers are free to make business decisions and interact with one another in providing telecommunications services, with the end in view of encouraging their financial viability while maintaining affordable rates”;

WHEREAS, RA7925 further defines the role of the government to “promote a fair, efficient and responsive market to stimulate growth and development of the telecommunications facilities and services”;

WHEREAS, RA7925 mandates the National Telecommunications Commission (the Commission/NTC, for brevity) to promote and protect the consumers of public telecommunications services;

WHEREAS, it has been observed that the service providers are offering broadband/internet connections specifying only the maximum speed;

WHEREAS, customers/ subscribers/ users have the right to be informed of the quality of the broadband/internet connection service being provided;

NOW, THEREFORE, pursuant to RA7925, Executive Order (EO) No. 546 series of 1979, and in order to maintain and foster fair competition in the telecommunications industry, and promote and protect the rights of broadband service customers/ subscribers/ users, the National Telecommunications Commission hereby promulgates the following definitions and rules:

A. Definitions

A. 1. Wireless broadband: over-the-air (OTA) connectivity with theoretical downstream data rate at least 768 kbps and theoretical upstream data rate of at least 384 kbps.

A. 2. Wireless internet: OTA connectivity with theoretical downstream or upstream data rate less than wireless broadband

A. 3. Wireline broadband: internet connectivity via terrestrial landline networks with theoretical downstream data rate at least 1 Mbps and theoretical upstream data rate of at least 768 kbps

A. 4. Wireline internet: internet connectivity via terrestrial landline networks with theoretical downstream or theoretical upstream data rate less than wireless broadband but greater than dial-up internet

A. 5. Dial-up internet: internet connectivity via terrestrial landline networks with theoretical downstream data rate of 56.6 kbps and theoretical upstream data rate of 48.8 kbps, as provided for by ITU-T Recommendation V.92 "Enhancements to Recommendation V.90", or less.

B. Rules

B. 1. Service providers shall be allowed to specify the maximum ("up to") theoretical broadband/ internet connection data rates and the service rates in their offers to consumers/ subscribers/ users in their advertisements, flyers, brochures and service agreements and service level agreements.

B. 2. Service providers shall specify the minimum actual broadband/ internet connection data rates ("minimum data rates") and the service rates in their offers to consumers/ subscribers/ users in their advertisements, flyers, brochures and service agreements and service level agreements.

B. 3. Minimum actual downstream and upstream data rates shall not be less than 50% of advertised "up to" data rates.

B. 4. Upon the occurrence of periods where the actual downstream or upstream data rates are below the minimum data rate ("below service level data rate"), said periods ("below service level period") shall not be subject to billing by the service provider.

B. 5. Service providers shall be allowed to specify the maximum data rate reliability ("best data rate reliability") and the service rates in their offers to consumers/ subscribers/ users in their advertisements, flyers, brochures and service agreements and service level agreements.

B. 6. Service providers shall specify the minimum data rate reliability ("minimum data rate reliability") and the service rates in their offers to consumers/ subscribers/ users in their advertisements, flyers, brochures and service agreements and service level agreements.

B. 7. Data rate reliability is measured over a period of one (1) month and calculated as:

{[(Average downstream data rate during the month)/("Up to" downstream data rate)] x [(Average upstream data rate during the month)/("Up to" upstream data rate)]} x 100%

B. 8. Data rate reliability shall not be below 80%.

B. 9. Service providers shall be allowed to specify the maximum service reliability ("best service reliability") and the service rates in their offers to consumers/ subscribers/ users in their advertisements, flyers, brochures and service agreements and service level agreements.

B. 10. Service providers shall specify the minimum service reliability ("minimum service reliability") and the service rates in their offers to consumers/ subscribers/ users in their advertisements, flyers, brochures and service agreements and service level agreements.

B. 11. Service reliability is measured over a period of one (1) month and calculated as:

{[(Number of seconds of actual subscriber use during the month) - (Number of seconds below service data rate during actual subscriber use during the month)] / (Number of seconds of actual subscriber use during the month)} x 100%

B. 12. Service reliability shall not be below 80%.

B. 13. Service providers may set maximum limits on the data volume allowed per subscriber/user per day, provided:

B. 13. a. The limit shall not be less than 80% of the data volume that can be provided per day by the the maximum ("up to") theoretical broadband/ internet connection data rate; e.g, the data volume limit of a 768 kbps downstream connection shall not be less than 80% of 7.9 GB per day, or 6.3 GB per day;

B. 13. b. No limits shall be set for upstream data volumes.

B. 14. The service offers made through advertisements, flyers, and brochures shall contain the service rates for broadband/ internet connection data rates, data rate reliability, and service reliability using any of these methods, e.g.:

B. 14. a. PhP 900.00/ month for "up to" 768 kbps maximum downstream data rate, "up to" 384 kbps maximum downstream data rate, 95% best data rate reliability, and 95% best service reliability; or,

B. 14. b. PhP 900.00/ month for 384 kbps minimum downstream data rate, 192 kbps minimum upstream data rate, 80% best data rate reliability, 80% best service reliability, and 6.4 GB daily download cap.

B. 15. Service agreements and service level agreements shall contain the service rates for broadband/ internet connection data rates, data rate reliability, and service reliability using both methods B. 14. a. and B. 14. b.

B. 16. Service providers may offer broadband/ internet connection services on a “best efforts” basis, provided:

B. 16. a. Minimum actual downstream and upstream data rates shall not be less than 40% of advertised "best effort" data rates;

B. 16. b. "Best effort" data rate reliability shall not be below 60%;

B. 16. c. Service reliability shall not be below 60%;

B. 16. d. Automated means of refund or rebate shall be provided by the service provider, should any of the rules B. 16. a., B. 16. b., and B. 16. c. not be met by the service provider. The service provider shall provide the refund or rebate immediately to the subscriber upon resumption of "best effort" service, without need for demand on the part of the subscriber.

B. 17. Actual downstream and upstream data rates shall be measured at the subscriber end.

B. 18. Actual downstream and upstream data rates shall be measured during periods of actual subscriber use.

B. 19. Actual download data volume shall be measured at the subscriber end.

B. 20. Actual data rate reliability shall be calculated at the subscriber end.

B. 21. Actual service reliability shall be calculated at the subscriber end.

B. 22. The NTC, upon recommendation of all stakeholders, will determine the official data rate and volume measurement and monitoring tool to be used to measure network traffic. Service providers shall provide the official data rate and volume measurement and monitoring tool free to all their subscribers. Service providers shall ensure that the official data rate and volume measurement and monitoring tool shall be compatible with the systems of their subscribers.

B. 23. The information generated by the official data rate measurement and monitoring tool shall be the primary basis to resolve disputes regarding data rates, service reliability, and data volumes between service providers and subscribers.

B. 24. Service agreements and service level agreements shall provide for mechanisms for rebates and refunds should disputes be resolved in favor of the subscriber. Rebates and refunds must be made to the subscriber without need for demand on the part of the subscriber.

B. 25. The subscribers/consumers shall be properly informed of the broadband/internet connection service being offered to them.

B. 26. Service providers offering committed information rate (CIR) shall comply with NTC MC No. 12-19-2004.

B. 27. Upon failure on the part of a service provider to comply with this Order, the Commission shall file the appropriate administrative case against the said service provider.

B. 28. Any circular, order, memoranda or parts thereof inconsistent herewith are deemed repealed or amended accordingly.

B. 29. This Order shall take effect fifteen (15) days after publication in a newspaper of general circulation and three (3) certified true copies are furnished the UP Law Center.

Quezon City, Philippines _________________________.

Commissioner

Deputy Commissioner

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Additional resources:

1. OFCOM of the UK
2. FCC of the US
3. ITU standards and recommendations
4. 3G, 4G, WiMax, etc consortia